Fortnite x NBA Team Battles
Terms of Participation
The Fortnite x NBA Team Battles (“Challenge”) is offered by Epic Games, Inc., a Maryland corporation with offices at 620 Crossroads Blvd., Cary, North Carolina 27518 (“Epic”).
OVERVIEW: Over the course of a five (5) day period beginning at 9:00 AM Eastern Time (“ET”) on May 19, 2021 and ending at 11:59 PM ET on May 23, 2021 (“Challenge Period”), Members (as defined below) can sign-up for one (1) of the thirty (30) National Basketball Association (“NBA”)-affiliated Challenge teams (each, a “Team”) and receive in-game tasks to complete to earn points for the Member’s Team (“Challenge Tasks”), and Fans (as defined below) can follow their favorite Teams and help such Teams earn points.
Following the conclusion of the Challenge, (a) Members on the top three (3) Teams with the most valid points, as determined by Epic, will be deemed the V-Bucks Prize Winners (as defined below); (b) all Members on, and Fans of, the top Team with the most valid points, as determined by Epic, will be deemed the Fortnite Back Bling Winners (as defined below); (c) all Members and Fans who have successfully completed at least three (3) Challenge Tasks, as determined by Epic, will be deemed the Fortnite Spray Winners (as defined below); and (d) all Members and Fans who have successfully completed at least five (5) Challenge Tasks, as determined by Epic, will be deemed the Fortnite Banner Winners (as defined below), in each case (items (a) through (d)), subject to verification of compliance with these Terms of Participation.
WHO CAN PARTICIPATE: The Challenge in all parts is open to individuals aged 13 years or older from across the world who have a valid Epic account, except as otherwise provided in this section (such individuals who successfully sign up for a Team pursuant to these Terms of Participation, “Members”; and such individuals who do not sign up for a Team but otherwise elect to participate in the Challenge pursuant to these Terms of Participation, “Fans”). The Challenge is not open to individuals wherever restricted or prohibited by applicable law or in any country disallowed by U.S. law. Without limitation of the foregoing, the Challenge is not open to individuals in the Crimea region, Cuba, Iran, Iraq, North Korea, Somalia, Sudan, Syria, and Zimbabwe. An eligible minor, whether a Member or a Fan, should have a parent’s or legal guardian’s permission to participate.
Employees, officers, directors, agents, and representatives of Epic (including the legal, promotion, and advertising agencies of Epic), NBA Properties, Inc., the NBA, NBA Media Ventures, LLC and the NBA member teams (collectively, the “NBA Entities”), and all of their respective immediate family members (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and those living in their household (whether or not related), and each person or entity connected with the production or administration of the Challenge, and each parent company, affiliate, and subsidiary of Epic or the NBA Entities are not eligible. Void where prohibited. The Challenge is subject to all applicable laws.
HOW TO PARTICIPATE: Between the start of the Challenge Period through 11:59 PM ET on May 21, 2021 (“Sign-up Period”), Members can participate in the Challenge by visiting http://nbateambattles.fortnite.com/ (the “Challenge Site”) and following the directions to sign-up for one of the Teams. Only the first 15,000 Members will be able to sign-up for any particular Team after which that Team’s sign-up will be closed. Once a Team’s sign-up is closed, Fans can still participate in the Challenge and support such Team by visiting the Challenge Site during the Sign-up Period and following the directions to sign-up as a Fan of such Team. Only the first 550,000 Fans will be able to sign-up as a Fan for any particular Team after which all Fan sign-ups will be closed. Members and Fans must sign-up for a Team or as a Fan of a Team (as applicable) during the Sign-up Period in order to participate in the Challenge. For clarity, once a Member has signed up for a Team, that Member will not be permitted to change Teams for the duration of the Challenge. Fans are free to become a Member of another Team at any time during the Challenge if such Team has available Member slots by visiting the Challenge Site and selecting the “Join” button for such Team.
Upon sign-up, each Member and Fan (as applicable) must link their Epic account and select their preferred method of receiving Challenge Tasks. Each Member’s/Fan’s first Challenge Task will then be unlocked, with subsequent Challenge Tasks being unlocked on a daily basis during the Challenge Period only if the previous Challenge Task has been successfully completed.
For each Challenge Task completed by a Member, such Member will earn the designated number of points for his or her Team. In addition, a Team will earn one (1) point for each Challenge Task completed by a Fan of such Team.
In addition, between 12:00 AM ET on May 22, 2021 through the end of the Challenge Period (“Repeatable Period”), Members can play Fortnite’s Battle Royale mode and earn additional points for their Teams by completing the following tasks (each, a “Repeatable Task”):
Fans cannot earn points for their Teams by playing Fortnite and completing Repeatable Tasks during the Repeatable Period.
If any Member fails to participate in at least one (1) Challenge Task within the first twenty-four (24) hours of the Challenge Period, (a) such Member will be removed from his or her Team, will be disqualified from further participation in the Challenge, and will not be entitled to win any prizes in connection with the Challenge; and (b) the first Fan to have registered as a Fan for such Team will be designated a “Member” of such Team; provided, however, that all associated points earned by such Fan prior to such switch will remain valid.
Members and Fans may voluntarily remove themselves from further participation in the Challenge at any time during the Challenge Period by visiting [https://nbateambattles.fortnite.com/xpwwng/faq] and deleting their Challenge profile. Please note: If a Member or Fan deletes his/her Challenge profile during the Challenge Period, all Challenge progress made by such Member or Fan (as applicable) will be deleted and all associated points earned by such Member or Fan (as applicable) will be void.
Members and Fans are required to comply with all Fortnite rules and regulations, including, but not limited to, the Fortnite End User License Agreement (https://www.epicgames.com/fortnite/eula) (“Fortnite EULA”). Failure to do so may result in disqualification of that Member and/or Fan from the Challenge and all associated points earned by such Member or Fan will be void.
LEADERBOARDS: Please note that the point scores displayed on the Challenge leaderboards (each, a “Leaderboard”) may not be accurate or in real-time. Epic reserves the right to alter the point scores displayed for any Member or Fan due to technical issues or if there has been unsportsmanlike or other behavior prohibited by these Terms of Participation. A Team or Fan is not a winner even if the applicable Leaderboard should so indicate unless and until Epic has verified the Team or Fan and its/his/her point total and officially announced such Team or Fan as a winner.
PUBLICITY GRANT: By agreeing to these Terms of Participation, each Member and Fan (and, if an eligible minor, his/her parent or legal guardian) grants permission for Epic, the NBA Entities (provided the NBA Entities have first obtained informed, specific, and unambiguous consent from the Member, Fan, and/or parent/guardian to receive their information described in this publicity grant), and its and their respective designees to use his/her name, tag, likeness, audio, video, game play statistics, and/or Epic account ID, for publicity purposes prior to, during, or after the Challenge Period, in any media, throughout the world, in perpetuity, but only in connection with publicizing the Challenge, without any compensation or prior review unless specifically prohibited by law.
PRIZES:
V-Bucks Prizes: The following prizes will be awarded to each Member based on his or her Team’s placement within the applicable Leaderboard at the conclusion of the Challenge (collectively, the “V-Bucks Prize Winners”): First Place Team: 500 V-Bucks (Approximate Retail Value (“ARV”): $0.00; if retail V-Bucks Card purchased, approximate cost $4.00). Second Place Team: 300 V-Bucks (ARV: $0.00; if retail V-Bucks Card purchased, approximate cost $2.40). Third Place Team: 100 V-Bucks (ARV: $0.00; if retail V-Bucks Card purchased, approximate cost $0.80).
Fortnite Back Bling Prizes: All Members on, and Fans of, the top point earning Team as listed on the applicable Leaderboard at the conclusion of the Challenge (collectively, the “Fortnite Back Bling Prize Winners”) will be awarded one (1) Fortnite “NBA Championship Trophy” in-game cosmetic Back Bling (ARV: $3.20).
Fortnite Spray Prizes: All Members and Fans who have successfully completed at least three (3) Challenge Tasks during the Challenge Period (collectively, “Fortnite Spray Winners”) will be awarded one (1) Fortnite “Spin!” in-game cosmetic Spray. Fortnite “Spin!” in-game cosmetic Sprays have no retail value because they are not offered for purchase by Epic.
Fortnite Banner Prizes: All Members and Fans who have successfully completed all five (5) Challenge Tasks during the Challenge Period (collectively, “Fortnite Banner Winners”; and together with the V-Bucks Prize Winners, Fortnite Back Bling Prize Winners, and Fortnite Spray Winners, the “Prize Winners”) will be awarded one (1) Fortnite in-game cosmetic Banner. Fortnite in-game cosmetic Banners have no retail value because they are not offered for purchase by Epic.
V-Bucks, Fortnite “NBA Championship” in-game cosmetic Back Bling, Fortnite “Spin!” in-game cosmetic Spray, and Fortnite in-game cosmetic Banner have no value (retail or otherwise) outside of an Epic account. V-Bucks, Fortnite “NBA Championship Trophy” in-game cosmetic Back Bling, Fortnite “Spin!” in-game cosmetic Spray, and Fortnite in-game cosmetic Banner awarded in connection with the Challenge will be granted directly to the applicable Prize Winner’s Epic account within thirty (30) days of the conclusion of the Challenge, or such other time as reasonably required by Epic for such grant. A Prize Winner’s use of V-Bucks, Fortnite “NBA Championship” in-game cosmetic Back Bling, Fortnite “Spin!” in-game cosmetic Spray, and/or Fortnite in-game cosmetic Banner (as applicable) in Fortnite will be governed by Epic’s Terms of Service, Epic’s Privacy Policy, and the Fortnite EULA (each, an “Epic Agreement”). Epic has the right to enforce these agreements against each Member or Fan. If a Member or Fan chooses not to accept an Epic Agreement, such Member or Fan must not use Fortnite or seek to use and/or redeem the V-Bucks, Fortnite “NBA Championship” in-game cosmetic Back Bling, Fortnite “Spin!” in-game cosmetic Spray, and/or Fortnite in-game cosmetic Banner (as applicable). Prizes are non-assignable and nontransferable and cannot be redeemed for cash. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prize Winners are responsible for all federal, state and local taxes (including income and withholding taxes), if any, as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. Prize Winners may not substitute a prize, but Epic reserves the right, at its sole discretion, in case of justified reasons, to substitute a prize (or portion thereof) with one of comparable or greater value. Epic will not act as tax or any other agent of a Member or Fan.
GENERAL CONDITIONS: By accepting these Terms of Participation, except where prohibited by law, each Member and Fan (and, if an eligible minor, his/her parent or legal guardian) agrees: (a) to abide by these Terms of Participation and decisions of Epic, which shall be final and binding in all respects; and (b) to release, discharge and hold harmless Epic, the NBA Entities, and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising and promotion agencies, representatives, and agents (collectively, “Released Parties”) from any and all liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from such Member’s or Fan’s participation in the Challenge. The Released Parties shall not be liable for: (w) telephone system, telephone, or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (x) data corruption, theft, destruction, and unauthorized access to or alteration of entry or other materials; (y) any injuries, losses, or damages of any kind, including, without limitation, personal injury or death caused to a Prize Winner or any third party, or damage to personal or real property resulting, in whole or in part, directly or indirectly, from acceptance, possession, or use of a prize, or from participation in the Challenge; or (z) any printing, typographical, administrative, or technological errors in any materials associated with the Challenge. Persons who tamper with or abuse any aspect of the Challenge, who act in an unsportsmanlike or disruptive manner or who are otherwise in violation of these Terms of Participation, will be disqualified and all associated points earned by a Member or Fan will be void. In the event Epic is prevented from continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, pandemic, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Epic’s control, then subject to any governmental approval which may be required, Epic shall have the right to modify, suspend, or terminate the Challenge at any time.
The invalidity or unenforceability of any provision of these Terms of Participation shall not affect the validity or enforceability of any other provision. If any provision of these Terms of Participation is determined to be invalid or otherwise unenforceable, then these Terms of Participation shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. Epic's failure to enforce any term of these Terms of Participation shall not constitute a waiver of that provision.
PRIVACY: The personal information Members and Fans provide will be used only in accordance with Epic’s privacy policy, located at https://www.epicgames.com/privacypolicy.
DISPUTES: Disputes regarding these Terms of Participation and/or the Challenge will be governed by the internal laws of the State of North Carolina. Decisions of Epic are binding and final. No claimant in any dispute involving Epic shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages.
The Challenge is not sponsored, organized, or administered by the NBA Entities.