NBA 2K League: Drop In Terms and Conditions

The NBA 2K League may designate certain posts on its Twitter page (https://twitter.com/nba2kleague) as seeking replies that include highlights of individuals playing NBA 2K21 (such posts, “Designated Posts”), so that such individuals may be considered for inclusion in the NBA 2K League content series known as “NBA 2K League: Drop‑In” (“Drop‑In”). Individuals chosen for inclusion in Drop‑In may have their replies (including all contents thereof) edited and used by the NBA 2K League, and the NBA 2K League may also distribute any content streamed or otherwise disseminated on such individuals’ Twitch channels and other digital channels.

By replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you hereby acknowledge and agree that any text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you provide, and, if selected by the NBA 2K League for use in connection with Drop‑In, any materials that you stream or otherwise disseminate on your Twitch and other digital channels (“Content”), may be edited and used at the discretion of the NBA 2K League, its teams, NBA 2K League, LLC, the National Basketball Association (including its affiliates NBA Media Ventures, LLC and NBA Properties, Inc.), the National Basketball Association’s member teams, Take‑Two Interactive Software, Inc. (“T2”), their respective related entities, and the designees of any of the forgoing (collectively, the “NBA2KL Parties”).

Notwithstanding anything to the contrary in these Terms and Conditions, by replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you hereby irrevocably transfer and assign to the NBA2KL Parties and their successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in the Content. The right, title, and interest you hereby irrevocably transfer and assign to the NBA2KL Parties in the Content includes, without limitation the right to register copyright in the Content in the name of the NBA2KL Parties and the exclusive right to reproduce, publish, republish, prepare all foreign language translations and other derivative works of, distribute, sell, license, transfer, transmit, publicly display copies of, and otherwise use, the Content, in whole or in part, alone or in compilations, in all formats and media by any method, device, or process, and through any channels, now known or later conceived or developed; and the exclusive license and exclusive right to license or otherwise authorize others to do all of the foregoing; and the right to assign and transfer the rights granted hereunder. To the extent that any right now or in the future existing under copyright is not specifically granted to the NBA2KL Parties by your agreement herein, such right shall be deemed to have been granted hereunder.

In addition, by replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you reaffirm, represent and warrant that (i) you shall be solely responsible for your own Content and the consequences of its creation, submission and use, (ii) you own the Content or have the necessary licenses, rights, consents, and permissions to publish the Content and for the NBA2KL Parties to use the Content in any manner (in all cases, including with respect to all elements of the Content), and (iii) the Content (x) is not false, inaccurate, misleading, defamatory, or libelous, (y) is not obscene, hateful, threatening, or pornographic, and (z) does not contain nudity or graphic or gratuitous violence.

By replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you hereby (1) irrevocably waive any and all rights of publicity you may have in the Content, including your association with the Content and your appearance, words, or other substance of the Content, (2) represent that you understand that the Content can be distributed directly to the public by the NBA2KL Parties and by partners of the NBA2KL Parties (subject to applicable NBA 2K League rules and regulations) through any channel for the distribution of media content, including, but not limited to, broadcast television, cable television, Internet web sites (including, without limitation, streaming services), and mobile applications, (3) represent that you understand that you have no right to share in any proceeds from usage or distribution of the Content by the NBA2KL Parties or any partners of the NBA2KL Parties, (4) acknowledge and agree that the NBA2KL Parties have no obligation to use or authorize the use of any materials (e.g., on television, online, on videotape, in photographs or otherwise); and (5) give and grant to the NBA2KL Parties the non-revocable right to use your name, voice, likeness, gamer tags/IDs, statements, actions, performances, and/or biographical data in connection with the Content and/or Drop‑In.

By replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you further represent and warrant that you are more than eighteen (18) years of age and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and agree that you are responsible for ensuring that all individuals depicted in the Content are over the age of 13.

Individuals who reply to a Designated Post, or otherwise submit or provide materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, may be considered, at the NBA 2K League’s sole discretion, for eligibility for the 2021 NBA 2K League Draft (the “Draft”). The NBA 2K League has no obligation to consider or select any individual, selected for inclusion in Drop‑In or otherwise, for Draft eligibility. All final determinations on individuals’ Draft eligibility will be made in the sole discretion of the NBA 2K League and be contingent on the satisfaction of all Draft eligibility requirements, as determined by the NBA 2K League. Without limiting the foregoing, to be eligible for the Draft, individuals must enter into the NBA 2K League’s standard player contract and satisfy certain other requirements (e.g., satisfactory completion of background checks including social media checks). Further, to be considered for Draft eligibility, an individual must been at least eighteen (18) years of age and have graduated from high school by October 1, 2020 (or, if the individual did not graduate from high school, the class with which the participant would have graduated had he or she graduated from high school must have graduated by October 1, 2020). All Draft eligibility requirements stated herein are subject to change and interpretation at the NBA 2K League’s sole discretion.

By replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, you (1) acknowledge that the NBA2KL Parties may be collecting personal data about you online, in accordance with applicable privacy policies and any applicable laws (please review the NBA’s privacy policy at https://www.nba.com/news/privacy_policy.html and T2’s privacy policy at https://www.take2games.com/privacy/), (2) acknowledge that the personal information you provide may be subject to the laws of the United States, and (3) agree to the NBA 2K League Parties’ collection and usage of your personal information and acknowledge that you have read and accepted the NBA’s privacy policy and T2’s privacy policy.

BY REPLYING TO A DESIGNATED POST OR OTHERWISE SUBMITTING OR PROVIDING MATERIALS TO THE NBA 2K LEAGUE IN CONNECTION WITH DROP‑IN OR ANY COMMUNICATION SEEKING PARTICIPANTS FOR DROP‑IN, SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, YOU, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, RELEASE THE NBA2KL PARTIES FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, MORAL DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, OR PARTICIPATION IN DROP‑IN OR PARTICIPATION IN ANY RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF MORAL RIGHTS), TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION, AND AGREE NOT TO MAKE ANY CLAIMS AGAINST THE NBA2KL PARTIES IN RESPECT THEREOF, INCLUDING, WITHOUT LIMITATION, IN RELATION TO (1) ANY CONDITION CAUSED BY EVENTS BEYOND NBA2KL PARTIES’ CONTROL; (2) ANY INJURIES, LOSSES, ILLNESS, LITIGATION OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND CAUSED BY YOUR OWN NEGLIGENCE ARISING OR RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN DROP‑IN OR IN ANY ACTIVITY RELATED THERETO OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, RELATED INFORMATION; AND (3) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH DROP‑IN.

Except where prohibited by law, by replying to a Designated Post or otherwise submitting or providing materials to the NBA 2K League in connection with Drop‑In or any communication seeking participants for Drop‑In, (1) you agree that any and all disputes which cannot be resolved between any of the NBA2KL Parties and you or your representatives, and any claims and causes of action arising out of or connected with Drop‑In, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association then effective; (b) you further agree that, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than you out-of-pocket expenses (e.g., costs associated with participating in Drop‑In), and you further waive all rights to have damages multiplied or increased; and (c) you agree that any arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. These Terms and Conditions and any dispute related thereto is governed by New York law (without giving effect to the conflict of laws rules thereof) and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations related thereto, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the courts of the State of New York, in the City of New York, County of New York.

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