NBA Terms & Conditions

NBA Africa Triple-Double Accelerator Program

2025 Terms and Conditions

NO PURCHASE NECESSARY TO PARTICIPATE IN THE PROGRAM. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROGRAM IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE STATE OF NEW YORK, UNITED STATES.

1. NBA AFRICA TRIPLE-DOUBLE ACCELERATOR PROGRAM OVERVIEW: NBA Africa Triple-Double Accelerator Program (the “Triple-Double Accelerator” or “Program”) is seeking Applications (as defined in section 5 below) for innovations that could improve top basketball priorities, business priorities, and/or experiences for players and/or fans in Africa (“Innovations”). Eligible Applicants (as defined in section 3 below) are invited to submit an Application as outlined in section 5, on one or all of the following themes (the “Themes”):

  • Sports: fan engagement, athlete development, sports tech, event experiences, grassroots programs, and more.
  • Creative: music, fashion, content creation, gaming, digital media, and related cultural ventures.

It is anticipated that up to ten (10) Applicants will be selected to participate in Demo Day (see section 7 for details). During each stage of the Program, Sponsor and/or its designated judges will have the sole discretion to determine which Applicants proceed to the next stage of the Program, including to Demo Day.

2. SPONSOR: The Program is sponsored by NBA Africa, LLC (“NBAA” or “Sponsor”), located at 645 Fifth Avenue, New York, NY 10022, where the Program is being conducted. For any queries relating to the Program, you can contact us at nbaaccelerator@alx-ventures.com.

3. ELIGIBILITY: To be eligible for the Program, each person or legal entity submitting an Application (each, an “Applicant”) must:

  (a) Not be an employee or immediate family of Sponsor or any of its affiliates (for purposes hereof, “affiliate” means Sponsor’s affiliates, partners, co-promoters and other sponsors of this Program, subsidiaries, respective holding companies, directors, officers, employees, agents and representatives), or as otherwise set forth in the final paragraph of this section 3;

(b) Be a legal resident of the country in which he, she, or it resides or is domiciled;

 (c)  If an individual, be at least 18 years of age or the legal age of majority (whichever is older) in such participating person’s jurisdiction of residence;

 (d) Not be a resident of Crimea, Cuba, Iran, Syria, North Korea, or Sudan; and

 (e) Not be a person, entity, or representative of an entity under U.S. export controls or sanctions (see

    https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

Eligibility criteria for startups applying to the Program::

   (f) Be an African-based entity;

   (g) Have a functional product or prototype;

   (h) Have demonstrated market validation through user testing, pilot programs, or early traction;

   (i) Operate in or have clear relevance to the sports or creative industries;

   (j)  Be in early stages of development (less than two years old) and not have raised significant capital or consistent revenue;

   (k) Provide a tech-enabled solution with a strong value proposition and job creation potential;

    (l) Submit a lean business model canvas and a preliminary market assessment;

    (m) Have at least two co-founders committed full-time (minimum 40 hours/week) to the startup  and post Program activities; and

    (n)  Preferably be a registered company.

Startups’ applications will be excluded if they:

      (o) Are marketplaces (e-commerce or middleman platforms);

      (p) Are late-stage with significant funding and consistent revenue;

      (q) Lack functional prototypes; or

      (r) Have been through more than two similar programs in the past 12 months.

If a person is submitting an Application as a representative of a company or other legal entity (including on behalf of his or her employer), these Terms and Conditions (“Terms”) are binding on the submitting individual and the entity such person represents.  Any person submitting an Application on behalf of a company or legal entity warrants that the applicable company or entity has full knowledge of his or her actions and has consented thereto, and that his or her actions do not violate the policies and procedures of the applicable company or entity. If the Applicant is an entity, all opportunities to participate in the Program (including, without limitation, Demo Day) and any Prize (if any) will be awarded to the applicable company or other legal entity, not the submitting individual. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR DISPUTES ARISING BETWEEN AN EMPLOYEE AND HIS OR HER EMPLOYER RELATED TO THIS PROGRAM.

All applicable United States federal, state, provincial and local laws and regulations apply.   Although the Program is governed exclusively by the laws and regulations of the State of New York, United States, other local rules and regulations may apply to certain Applicants, so all Applicants should check their local laws to ensure that he, she, or it is eligible to participate in skill-based competitions.

Employees of NBA Properties, Inc., NBA Africa, LLC, NBA Nigeria Basketball Ltd, NBA South Africa Basketball Pty Ltd, NBA Kenya Operations Ltd, NBA Senegal SUARL, BAL Properties Ltd., BAL Operations SUARL, the National Basketball Association (“NBA”) and its member teams, NBA Media Ventures, LLC, WNBA Enterprises, LLC, the Women’s National Basketball Association and its teams, NBA Development League, LLC, the NBA G League and its teams, the BAL and its participating teams (collectively, the “NBA Entities”), and each of the foregoing entities’ affiliates, related entities, licensors and Program providers, and/or any person involved in the production, development, implementation or handling of the Program, any agents acting for or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, sponsors, service providers, Program suppliers or any other person or entity associated with the Program (collectively, the “Released Parties”), and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible to submit an Application for the Program or participate on behalf of an Applicant in the Program.

4. AGREEMENT TO TERMS: Each Applicant should read these Terms carefully before submitting an Application to ensure that such Applicant understands and agrees to these Terms. Participation in the Program will require each Applicant to accept these Terms, which constitutes each Applicant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor in connection with the Program, which are final and binding.

Participating in the Program and/or winning a Prize is contingent upon fulfilling all requirements set forth herein.  Sponsor reserves the right to take any actions necessary to verify an Applicant’s compliance with these Terms before permitting participation in any phase of the Program or awarding a Prize, including, without limitation, engaging a third party to evaluate the Application and/or requiring an Applicant to provide evidence of permission to use certain third-party materials.  Even though an Applicant may be announced as a Finalist for Demo Day, if any such Applicant’s compliance with these Terms cannot be verified to Sponsor’s satisfaction, the Applicant will be disqualified, and, time permitting, an alternate Finalist may be selected.  Applicant hereby authorizes Sponsor to investigate the background of Applicant for the purpose of verifying the information contained within the Application.

5. HOW TO APPLY: Between August 1, 2025 and August 29, 2025 (dates are subject to change in the sole discretion of Sponsor), you may apply for one or all themes online at https://tripledoubleaccelerator.nba.com (the “Application Site”) (the “Application”).  By accessing the Application Site, each Applicant may be subject to the terms and conditions and privacy policies of the Application Site and Sponsor is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Applicant’s use of the Application Site. In order to submit your Application you must follow the Application instructions on the Application Site fully and provide any/all materials requested.

6.APPLICATION REQUIREMENTS AND MATERIAL GUIDANCE:

    (a) Application Requirements: Each Application must: (i) be original; (ii) follow all size, format, and restrictions provided on the Application Site; (iii) be in English; (iv) include all required information (e.g., contact information, other information, other information requested by Sponsor); (v) be solely owned by and/or licensed to you and/or your company or legal entity (including all concepts, materials and/or inventions included therein); (vi) not violate any of the terms or conditions set forth herein or rights of any third parties; (vii) not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, patent, privacy, publicity, or any other intellectual property rights; (viii) not disparage Sponsor or any other person or party; (ix) not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; (x) not contain material that promotes bigotry, racism, hatred, or harm against any group  or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (xi) comply with any applicable laws or any other regulation, guideline, or community standard in Applicant’s country of residence and must not contain material that is unlawful, in violation of or contrary to the laws or regulations of Applicant’s country of residence or any jurisdiction where the Application is created; (xii) not have been developed or created for or on behalf of a client of Applicant and must not have won any kind of award, competition, or contest; and (xiii) not contain the confidential information of any third party.

  (b) Noncompliant Applications: In the event of non-compliance with any of these Application requirements or these Terms, the Application may be disqualified.

  (c) Each Applicant acknowledges that other Applicants from other entities or teams or the Released Parties may use or have used ideas and/or concepts in their Application or otherwise that may be similar in idea or concept to what is included in such Applicant’s Application.   Each Applicant understands and agrees that he, she or it, as applicable, will not have any claim against any other Applicant or any Sponsor arising out of any such similarity or be entitled to any compensation because of any such similarity.

7. SELECTION PROCESS & WINNERS’ PRIZES:

Initial Application.  Applicants should first complete the Application at the Application Site as set forth in Section 5 above.

 

One-way video interviews – Selection. Thereafter, Sponsor and/or its panel of judges (collectively, the “Judges”) will select Applicants to participate in a one-way video interview. The Judges will make selections based on the Applicants and Applications that the Judges determine to be the best, or to have the most potential for, Innovations in one or more of the Themes (taking into account factors such as innovation, practicality, potential for success and transformation, and other factors), with all such determinations being in the sole discretion of the Judges (the “Criteria”).  Between 20 to 50 Applicants (such exact number to be determined by Sponsor at its sole discretion) will be selected to participate in a one-way video interview (e.g., a recorded video to be submitted by a founder or key leader of the Applicant). Applicants who are selected for the one-way video interview will be notified by email by September 5, 2025 (such date being subject to change in the sole discretion of Sponsor), and each such Applicant then must complete such one-way video interview by September 12, 2025 (such date being subject to change in the sole discretion of Sponsor) in accordance with Sponsor’s instructions in such email.

Finalists – Selection.  From the pool of Semi-Finalists, up to 10 Applicants will be selected by the Judges in or before October , 2025 (exact date to be determined by Sponsor in its sole discretion and subject to change) to participate in Demo Day, which Demo Day is scheduled to take place in December 2025 (“Demo Day”, date to be determined by Sponsor and is subject to change in the sole discretion of Sponsor) (each, a “Finalist”).  The Judges will select the Finalists based on the Criteria, on each Applicant’s performance in the one-way video interview, on the Applicant satisfying these Terms, and on the Applicant’s performance in the Program, with all such determinations being in the sole discretion of the Judges.  Being a Finalist is subject in all cases to any requirements required by Sponsor, including, without limitation, a successful due diligence vetting of the Applicant, approval from Sponsor’s Compliance group, the full execution of the Program’s Services Agreement by the Applicant, and further documentation being completed and agreed to in writing by the Applicant. . 

Winners – Selection & Prizes.  Each Finalist may participate in Demo Day at the Demo Day location or via Videoconference. Each Finalist participating in Demo Day will present their product or service to the Judges.  The Judges will select up to Five (5)winners (each, a “Winner”) and award a first place prize, a second place prize, a third place prize,a fourth place prize, and  a fifth place prize among such Winners (each, a “Prize” and, collectively, the “Prizes”) based on the Criteria, on each Applicant’s performance in the one-way video interview, on the Applicant satisfying these Terms, on the Applicant’s performance in the Program, and on the Applicant’s performance at Demo Day, with all such determinations being in the sole discretion of the Judges. The Five (5)) Winners will be notified by email following the conclusion of Demo Day (e.g., by the end of December 2025, which date is subject to change in the sole discretion of Sponsor). If the Winner is a company, the Prize will be awarded to the company, not the employee who submitted the Application.

The top 5 Winners will stand to win up to $ 50,000.00 USD in cash and value-in-kind benefits each, such benefits being determined by Sponsor in its sole discretion and which benefits may include benefits delivered or to be delivered in connection with the Program (e.g., costs associated with mentorship, workshops, and participation in Program, benefits set forth in the Program’s Services Agreement, and/or future advice and support) (collectively, “VIK Benefits”).

  • Each Winner (and each Applicant) is solely responsible for all taxes and withholding on its Prize and any other benefits received pursuant to the Program, to pay any applicable taxes on its Prize and any other benefits, to report as income (or as appropriate to the taxing authority) the Prize and any other benefits it receives, and to make the requisite tax filings and payments to the appropriate national, regional or local tax authority with respect to the receipt of such Prize and any other benefits. However, in the event that Sponsor is held responsible for withholding or paying any amount to any person, entity or governmental agency or authority in connection with any Prize or benefit to a Winner (or an Applicant), Sponsor has the right to pay or withhold such amounts or benefits from current or future payments or benefits (if any) to the Winner (or Applicant) and/or to recover from the Winner (or Applicant) any such amounts that such person, entity or governmental agency or authority claims should have been paid or withheld, including any interest and/or penalties.  Any amounts so withheld or recovered shall be treated for all purposes under these Terms as having been paid and delivered to the Winner (or Applicant).

In order to participate in Demo Day in person (location still to be determined), the 10 Finalists  (1 person representing each Finalist), for whom travel expenses will be reimbursed, must be in possession of a valid passport and a valid visa to travel to the chosen location at least one month before travel to Demo Day. Alternatively, Finalists may elect to participate in Demo Day by videoconference, including if such Finalist cannot obtain a valid visa to the chosen location as required by these Terms. For Finalists participating in Demo Day in person in the chosen location, Sponsor will cover the following costs of one representative for 10 Finalists:  (a) one round-trip economy class airfare to the chosen location from the capital city of the country where the Finalists’s representative permanently resides, (b) hotel accommodation (room only) in the chosen location at a Sponsor arranged hotel for the period required for presentation at Demo Day, (c) transportation between the chosen location airport and the chosen location hotel and between the chosen location hotel and the Demo Day presentation location, and (d) certain Sponsor-designated meals in the city of the chosen location.  

Please note that Finalists will be responsible for all other travel-related expenses, including but not limited to meals, incidentals, taxes, insurance and other ancillary costs. Finalists are also responsible for ensuring they have valid travel documentation. 

 

Each Applicant acknowledges and agrees, that in order to qualify as a Finalist, (i) that each attendee for the Applicant at Demo Day and at each stage of the Program will comply with all applicable laws, rules and regulations relating to Demo Day and/or the Program, (ii) that each attendee for the Applicant at Demo Day and at each stage of the Program must sign any and all waivers (including travel waivers) and additional documentation required by Sponsor, and (iii) neither the Sponsor nor the Released Parties shall be liable for any loss, liability or damage whatsoever which is suffered or for any personal injury suffered or sustained in connection with, arising out of or in any way relating to the travel to or attendance at Demo Day or at any stage of the Program. 

Sponsor reserves the right to disqualify any Applicant from the Program if Sponsor reasonably believes that the Applicant has attempted to undermine the legitimate operation of the Program by cheating, deception, or other unfair playing practices or abuses, threatens or harasses any other Applicants or Sponsor or Released Parties or violates these Terms or any agreement with Sponsor.

 

Any potential Finalist may decline to participate by notifying Sponsor directly in writing at least 7 days prior to Demo Day, in which case the potential Finalist forgoes any features or benefits associated with the Program. Sponsor may disqualify an Applicant who so declines its participation status.

If any potential Finalist fails or refuses to sign and return the Program’s Services Agreement or any documents requested by Sponsor within the time period required by Sponsor, or if any notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Finalist, or if such potential Finalist does not comply with these Terms in Sponsor’s discretion, such potential Finalist may be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification from participating in the Program and/or awarding a Prize to an alternate Finalist.  If any potential Finalist is found to be ineligible, or if he or she has otherwise not complied with these Terms, or if the potential Finalist declines a Prize for any reason prior to award, such potential Finalist may be disqualified and an alternate potential Finalist may be selected.

 

Decisions of Released Parties and Judges and/or their respective representatives and agents are final and binding on all matters relating to this Program. All Applicants hereby release the Released Parties from any and all liability regarding those decisions. The Released Parties and Judges reserve the right to select fewer or more than the stated number of Finalists in its sole discretion.

  1. INTELLECTUAL PROPERTY: All patent, copyright and trademark rights (collectively, “Intellectual Property Rights”) belonging to any person prior to the Program will remain vested in that person.    Each Applicant represents and warrants that the products and services discussed in its Application are and will be the original work of and solely owned by Applicant and/or their company or other legal entity, as applicable, or, if a part of those products and services are not original to or solely owned by such Applicant and/or their company or other legal entity, as applicable, then the Applicants have all necessary rights and licenses from any third party in order to incorporate such part into the products and services discussed in the Application and as otherwise contemplated in these Terms.  Further, each Applicant represents and warrants that neither the Application, nor any products or services discussed in the Application, infringe or misappropriate any Intellectual Property Rights or other rights of third parties.

EACH APPLICANT ACKNOWLEDGES THAT SPONSOR’S CONSIDERATION OF THE APPLICATION IS NOT AN ADMISSION BY SPONSOR OF THE NOVELTY, PROPRIETY, ORIGINALITY OR VALUE OF THE APPLICATION, OR THE PRODUCTS OR SERVICES DISCUSSED IN THE APPLICATION.  EACH APPLICANT FURTHER ACKNOWLEDGES THAT SPONSOR MAY BE CREATING, HAVE PREVIOUSLY CREATED OR MAY IN THE FUTURE INDEPENDENTLY CREATE, OR ALREADY MAY HAVE RECEIVED OR IN THE FUTURE MAY RECEIVE FROM ANOTHER THIRD PARTY, PRODUCTS, SERVICES, PROJECTS, IDEAS, DESIGNS AND OTHER MATERIALS THAT ARE SUBSTANTIALLY SIMILAR, IDENTICAL, OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES DISCUSSED IN THE APPLICATION OR DEVELOPED DURING THE PROGRAM, WHICH SPONSOR MAY USE FOR ANY PURPOSE WITHOUT ANY LIABILITY OR COMPENSATION TO ANY APPLICANT.  Each Applicant further acknowledges that due to the nature of this Program, there is a possibility that similar products or services may be submitted by multiple Applicants. Any similarity between products or services will in no way entitle any Applicant to any consideration or compensation from Sponsor, including in the event a product or service similar or identical to Applicant’s is selected as a Finalist.  By submitting an Application, each Applicant specifically acknowledges this possibility and agrees to the terms stated in these Terms.  Sponsor is further under no obligation of any kind to any Applicant unless such obligations are specifically undertaken pursuant to a written agreement fully executed agreement by one or multiple Applicant(s), on the one hand, and Sponsor, on the other hand.  For clarity, nothing in these Terms restricts Sponsor from using, disclosing, publishing or otherwise exploiting any ideas, suggestions or feedback provided by any Applicant during the Program for any legitimate business purpose. Each Applicant further acknowledges that all products, services, and other materials disclosed by any Applicant during the course of the Program are submitted on a non-confidential basis, and that Sponsor will have no obligation to not disclose those items or to otherwise treat those items as confidential, and Applicant shall have no claim for breach of confidentiality or otherwise. If Sponsor is interested in licensing or acquiring any Intellectual Property Rights or other interests in the products or services discussed in an Application, the applicable Applicant(s) will negotiate in good faith with Sponsor to provide such license or other interest (individually and together with other contributors, as applicable). Except pursuant to a separate written agreement with Sponsor, no Applicant may use any trademark, brand, logo or other corporate identifier of any Sponsor or any of Sponsor’s related entities (including, in the case of the NBA, the NBA’s professional teams), for any purpose whatsoever without the prior written consent of Sponsor in each instance.

NON-EXCLUSIVE RIGHTS TO USE NAMES & APPLICATION: BY SUBMITTING AN APPLICATION, EACH PARTICIPANT HEREBY GRANTS SPONSOR AND SPONSOR’S DESIGNEES THE UNLIMITED RIGHT THROUGHOUT THE WORLD TO USE, RECORD AND/OR DOCUMENT HIS, HER OR ITS (AS APPLICABLE) NAME, PHOTO, VOICE, VIDEOTAPE (IF APPLICABLE), LIKENESS, STATEMENTS ATTRIBUTED TO PARTICIPANT, BIOGRAPHICAL, PROFESSIONAL, TRADEMARKS AND OTHER RELATED INFORMATION IN CONNECTION WITH ANY INTERNAL OR EXTERNAL PROMOTIONAL ACTIVITIES OF SPONSOR (E.G., WITHOUT LIMITATION, ANNOUNCEMENTS OF FINALISTS), WITHOUT COMPENSATION OF ANY KIND TO PARTICIPANT.  Each Applicant understands that these items may be broadcast, displayed, reproduced, stored, edited, exhibited, used, and distributed by Sponsor over the Internet and/or any other communication medium now existing or hereafter created, for promotional, revenue-producing and/or any other purpose as Sponsor determines in its sole and absolute discretion.

  1. CONFIDENTIALITY; PROGRAM DATA: Each Applicant agrees that it shall (A) use all information received from Sponsor or their affiliates, employees, consultants or agents that is not generally available to the public (collectively, “Confidential Information”), solely for the limited purpose of participating in the Program and not for any other purpose, and (B) keep the Confidential Information strictly confidential and not provide or communicate the Confidential Information (or any part thereof) to any other person or entity without the prior written consent of the relevant Sponsor.  Upon any request by Sponsor or upon completion of the Program, each Applicant shall promptly return (or destroy) the Confidential Information (and all copies, extracts or other reproductions made thereof) of Sponsor or destroy such Confidential Information (at Sponsor’s option).
  1. RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY: By submitting an Application and/or participating in the Program, each Applicant (on its behalf and on behalf of each individual representing the Applicant in the Program) agrees to forever and irrevocably release and hold harmless each of the Released Parties, from any and all liability for any loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), death, attorneys’ fees, loss of enjoyment, defamation, invasion of privacy, or the violation of personal or publicity rights, which may occur in connection with (a) the Program or any element thereof, including entry or participation therein, (b) delivery, possession, acceptance, and/or use or misuse of any Program material or Prize or component thereof, or (c) participation in any Program-related activity, including, without limitation, Demo Day. In addition, by submitting an Application and/or participating in the Program, each Applicant  agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, amounts paid in settlement, costs and expenses (including reasonable attorneys’ fees and expenses) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Applicant hereunder (including any breach of these Terms), (ii) Applicant’s possession, use or misuse of any Program material or Prize or component thereof, or (iii) Applicant’s use or misuse of Sponsor intellectual property. Each Applicant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any of the opportunities (or any components thereof). Without limiting the generality of the foregoing, each aspect of the Program is provided “as is” without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purposes and/or non-infringement. The Released Parties are not responsible or liable for Applications that are: (i) entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), (ii) in excess of the stated entry limit, or (iii) illegible, incorrect, inaccurate, delayed, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered or otherwise not in compliance with these Terms, whether caused by (A) any of the equipment or programming associated with or utilized in the Program, (B) any technical or human error which may occur in the processing of Applications  in the Program, or (C) for failure to receive Applications due to transmission failures or technical failures of any kind, and all such Applications will be disqualified. In addition, the Released Parties shall have no responsibility or liability in connection with: typographical errors in Program promotional material; cancellations and/or delays or any change by any company or any other persons providing any component to the Program due to reasons beyond the control of any of the Released Parties; any interruptions/postponement/cancellation of Program; human error; any technical malfunctions of the computer on-line system, computer dating mechanism, computer equipment, software, or internet service provider utilized by any of the Released Parties or by Applicant; interruption or inability to access the Program, any Program-related Web pages, or any on-line service via the Internet due to hardware or software compatibility or other problems; any damage to Applicant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Program; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of any one or more of the Released Parties.
  1. GENERAL CONDITIONS: The decision of Sponsor in respect of any matter relating to this Program is final and binding in all respects. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Program (or any portion thereof) for any reason, including, without limitation, should fraud, virus, bugs, non-authorized human intervention or other causes, including but not limited to war, strikes, terrorist activities, work-stoppages, epidemic, pandemic, and/or acts of God, corrupt or impair the administration, security, fairness or proper operation of the Program and, in the case of termination, at its discretion, determine Finalists from eligible non-suspect Applications received prior to the event that required such termination. CAUTION: ANY ATTEMPT BY AN APPLICANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH APPLICANT TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Limitation of Liability and Disclaimer of Warranties: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF APPLICANT’S ACCESS TO AND USE OF THE PROGRAM, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROGRAM.  IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO APPLICANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100.  WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROGRAM, INCLUDING ANY PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO APPLICANT. APPLICANT SHALL CHECK ITS LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  1. ARBITRATION: Except where prohibited by law, as a condition of participating in this Program, Applicant agrees that (1) any and all disputes and causes of action arising out of or connected with this Program, or any Prize 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 participant; (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 Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Program), and participant further waives all rights to have damages multiplied or increased. Applicants may also choose to resolve any disputes through an arbitration center based in Africa instead of the United States. 
  1. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Applicant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.
    1. PERSONAL INFORMATION & PRIVACY: Each Applicant acknowledges and agrees that such Applicant’s name and contact information shall be collected during the Application process.  Subject to applicable data privacy laws, Sponsor may use or disclose this information and any other information contained in the Application (A) to their affiliates and partners, (B) as may be required to conduct and manage the Program, including to confirm the eligibility of an Applicant and communicate with such Applicant regarding an invitation to participate in the Program, (C) to contact such Applicant via email for promotional purposes related to the operation of this or future competitions, and (D) to exercise Sponsor’s rights under this Agreement, including any further contact of the Applicant in connection with any commercial use of the subject of the Application.  All data provided by Applicant must be accurate.  Applicants are informed that the personal data collected in connection with the Program will be collected by the servers and computer systems of a third party engaged by Sponsor which are based outside and inside the United States and such collection will therefore be subject to applicable United States and other jurisdictions’ laws. As such, Applicants are informed that their personal data may be transferred outside of their eligible jurisdiction (including without limitation by being transferred, stored and processed outside the European Union if an Applicant is a resident of the European Union) and Applicant’s personal data may not be subject to the same requirements or restrictions relating to such personal information as may exist in the country in which it was collected.  Upon request and subject to applicable data privacy laws, an Applicant will be provided with access to, or the ability to delete or stop the sale of, such Applicant’s personal data. To enact these rights, please visit privacy.nba.com.  Applicants in the European Union, the United Kingdom and South Africa also have a right to oppose the collection, storage, and use of such personal data under certain circumstances, for example, for direct marketing.  Applicant may exercise such right by writing to nbaaccelerator@alx-ventures.com. If any Applicant is not satisfied with how Sponsor addressed his or her complaint, such Applicant may be able to raise the matter with a competent regulatory authority.

    Please note that Sponsor requires certain personal data from Applicant in order to be able to contact the Applicant in relation to the Program. Therefore, if Applicant chooses to delete his or her personal information prior to the completion of the Program, the requesting Applicant will be disqualified in the Program prior to the determination and fulfillment of the Program. The full NBA.com Privacy Policy can be found at https://www.nba.com/privacy-policy.