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Kroger & NTFB Auction benefitting North Texas Food Bank

Official Rules - Dallas/FW Local Auction

OFFERED TO BIDDERS WITHIN 75 MILES OF DALLAS OR FORT WORTH, TX CITY LIMITS, AND VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.

  1. This Auction is open only to legal U.S. residents living within 75 miles of Dallas or Fort Worth, Texas city limits, who are 18 years of age or older who are licensed drivers as of date of entry. Void beyond 75 miles of Dallas or Fort Worth, Texas city limits, all other U.S. States, and where prohibited, or otherwise restricted by law. Subject to all federal, state and local laws. By entering the Auction, entrants are bound by and agree to these official rules.

    The Kroger ("Auction") begins Monday, February 18 th , 2013 at 10:00:00 PM Central Time ("CT") and ends on Friday, March 15 th , 2013 at 5:00:00 PM CT.

    A Second Chance Raffle ("Raffle") begins on Monday, March 18 th , 2013 at 12:00:01 AM Central Time ("CT") and ends on Sunday, March 24 th , 2013 at 11:59:59 PM CT

  2. How To Enter:

    1. Online Auction: To enter the Auction, entrants may bid on any of twenty (20) packages available online at HA.com/Mavericks via www.Mavs.com/Kroger. Only a total of twenty (20) Auction items will be sold. All eligible bids must be received no later than 5:00:00 PM CT on Friday, March 15 th , 2013. Administrator's computer will be the official time clock for the Auction Period.

    2. Second Chance Raffle: To enter the Raffle, fans can visit web.ntfb.org/mavs via www.Mavs.com/Kroger and purchase a virtual ticket for $10 to the NTFB "Food 4 Kids" Raffle. No limit on number of entries per person. All eligible entries must be received no later than 11:59:59 PM CT on Sunday, March 24th, 2013. Only one (1) entry will be randomly selected from all eligible entries as a winner of one (1) Grand Prize package (details below).

    All bids become the sole property of Heritage Auctions, the Dallas Mavericks, The National Basketball Association and its Member Teams, NBA Properties, Inc, North Texas Food Bank, Kroger Texas LP and will not be acknowledged or returned. Incomplete or misspelled entries are void. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, by cellular phone, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false bids, as determined by the Auction Entities, will be disqualified. If you send your bid online, prize will be awarded to the name on the online entry form. In the event of a dispute as to the identity of an entrant, bid will be declared made by the authorized account holder submitted at the time of entry.

    Auction Entities and their respective parents, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, ineligible or damaged entries which will be disqualified or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Auction which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Auction. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond reasonable control of Auction Entities and their respective parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of each Auction), and the Auction is not capable of being conducted as described in these Official Rules, Auction Entities shall have the right, at their sole discretion, to cancel, terminate, modify or suspend this Auction, and to select the prize winners in a random drawing from eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Auction Entities. Sponsor shall have no further obligation to any participant in connection with the Auction. Auction Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law.

  3. Winners/Notification: The highest authentic and eligible bid for each individual prize package will be awarded as a winner. Each of the twenty (20) prize packages will have one (1) winner based on bids made on each specific package. The winners will be notified by telephone or email, depending on the method of entry. Winners must respond to such notification within seventy-two (72) hours after the notification is sent or an alternate winner may be selected from the remaining eligible entries. Upon prize forfeiture, no compensation will be given. Winning is based upon the highest recognized bid by the auctioneer and in the event of tie bids, the first eligible bid received will be granted.

    One (1) randomly selected entry will be chosen from all eligible Raffle entries submitted and verified from Monday, March 18th, 2013 through Sunday, March 24th, 2013. The winner of the Raffle will be chosen and notified by telephone or email on Monday, March 25th, 2013. Winner must respond to such notification within forty-eight (48) hours after the notification is sent or an alternate winner may be selected from the remaining eligible entries. Upon prize forfeiture, no compensation will be given. Winning odds are based on the number of eligible entries. Ticket price is not a tax deductible contribution.

  4. Prizes: Twenty One (21) Grand Prize Winners: One (1) hour meet & greet opportunity for one (1) winner and one (1) guest with Dallas Mavericks player Dirk Nowitzki to be held at American Airlines Center on Saturday, March 30th, 2013 following the Chicago Bulls vs. Dallas Mavericks game scheduled for 1:00pm CT (approximate time of event will be 4:30 PM to 5:30 PM CT). Meet & greet will allow winner (and one guest) opportunity to tour the Mavericks practice facility and locker room, have no more than two (2) items autographed per person, and appear in a photo with Dirk Nowitzki. Due to space limitations, only one (1) guest per winner will be permitted to attend. If the winner cannot attend the scheduled event for any reason, or chooses to forfeit their guest admission, no compensation will be given. Grand Prize and guest admissions are non-transferable. Meet & greet has no retail value. The Grand Prize will also include: Two (2) tickets inside a catered suite during the Chicago Bulls vs. Dallas Mavericks game on Saturday, March 30th, 2013 at American Airlines Center; and one (1) authentic NBA jersey. Approximate retail value of additional Grand Prizes: $750. Raffle odds dependent on number of entries received.

    All winners may be required to complete, sign and return an Affidavit of Eligibility/Liability and Publicity Release (where permitted by law) as well as any other documents which may be required by Sponsor or prize provider, all of which must be received fully-executed within three (3) days of date printed on notification or he/she may be disqualified and prize may be forfeited and awarded to an alternate. Winners are solely responsible for all applicable federal, state and local taxes and any other expenses and costs not expressly listed above including, but not limited to, transportation to the game, parking fees, gratuities and souvenirs. Prizes will be accepted "as is" and are non-transferable and non-assignable. Auction Entities, in their discretion, may substitute a prize (or prize component) of equal value and comparable use for any reason. At the Auction Entities' sole discretion, Auction entrants may be disqualified at any time for any reason permitted by these rules.

  5. Eligibility: This Auction is open only to legal U.S. residents living within 75 miles of the Dallas/Fort Worth, Texas city limits, who are 18 years of age or older who are licensed drivers as of date of entry. Residence is determined by Texas issued driver's license. Individuals employed by Kroger Texas LP, North Texas Food Bank, the Dallas Mavericks (and any and all affiliates), the National Basketball Association and its Teams and Operators, NBA Enterprises, LLC, or any of their respective parent and affiliated companies, subsidiaries, advertising and promotional agencies and any and all other companies associated with the Auction and their immediate families (parent, siblings, children and spouse) and persons residing in the same household (whether related or not) of such employees are not eligible to enter or win. Void in all other areas beyond 75 miles of the Dallas or Fort Worth, Texas city limits, all other U.S. States, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, anywhere outside of the U.S and where prohibited, taxed or restricted by law.

  6. General: By entering, all entrants agree to be bound by these Official Rules and by the decisions of the Auction Entities, which shall be final and binding. Auction Entities may prohibit any entrant or potential entrant from participating in the Auction, if at the sole discretion of Auction Entities, such person uses an inappropriate or vulgar user name or shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Auction Entities, or their agents or representative; or (2) in any other disruptive manner. By accepting prize, the winner grants to Auction Entities the right to use winner's name, likeness, image, voice, hometown, and biographical information in any advertising, trade or Auction, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law.

    Any personal information supplied by any entrant to Auction Entities will be subject to Dallas Mavericks privacy policy posted at http://www.nba.com/news/privacy_policy.html. Entrants who do not comply with these Official Rules or attempt to interfere with this Auction in any way shall be disqualified. The use of automated entry devices or any other conduct that impedes the integrity of the Auction is prohibited. Sponsors' decisions as to all matters related to the administration of the Auction and selection of the prize winners are final.

  7. Indemnification: By entering entrant agrees to release, defend, hold harmless and indemnify the Dallas Mavericks, Kroger Texas LP, the National Basketball Association and its Teams and Operators, NBA Enterprises, LLC, and their respective parents, partners, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) any damage to entrant's cellular telephone or computer relating to or resulting from entering or downloading materials or software in connection with entering this Auction; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Auction, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS AUCTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE AUCTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Auction Entities are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Auction. Entrants enter at their own risk and Auction Entities' are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Auction to be disrupted or corrupted.

  8. Arbitration and Choice of Law: This Auction is intended for participation in the United States only and shall be construed only according to United States Law. Except where prohibited by law, as a condition of participating in this Auction entrant and Sponsor agree that (1) any and all disputes and causes of action arising out of or connected with this Auction, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Auction), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Auction, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas without regard to Texas' choice of law rules.

  9. Official Rules: Inquiry concerning these official rules should be sent with a self-addressed, stamped envelope by March 25th, 2013 to: Dallas Mavericks, c/o Kroger/NTFB Auction, 2909 Taylor St., Dallas TX 75226-1909.The auction is further subject to the Conditions of Sale for Heritage Charity Auctions located at HA.com/Charity. In the event of a conflict with Heritage Conditions of Sale, official rules prevail. Official rules can also be found at www.Mavs.com/Kroger.

  10. Sponsor: Dallas Mavericks, 2909 Taylor Street, Dallas TX 75226-1909

    The National Basketball Association ("NBA") name and logo and the names and logos of NBA.com and the NBA teams are the property of NBA Properties, Inc. and the member teams of the NBA.