#NHLPick15 OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
#NHLPick15 (the "Promotion") is sponsored by NHL Enterprises, L.P, 1185 Avenue of the Americas, 13th Floor, New York, New York 10036 ("Sponsor").
The Promotion is open only to current legal residents of the 50 United States and the District of Columbia and legal residents of Canada who are eighteen (18) years of age or older as of the date of entry into the Promotion and not a minor in their state or province of primary residence at the time of entry ("Entrant"). There is no cost to enter or win. The Promotion is void where prohibited by law. Employees, shareholders, officers, and directors of Sponsor, its affiliates, and any other person or entity associated with the development or administration of this Promotion (collectively, "Promotion Entities"), members of their immediate families, including spouses, children, siblings and parents, and/or persons living in the same household as such persons, whether or not related, are not eligible to enter this Promotion.
The Promotion begins at 10:00:00 a.m. Eastern Time on September 29, 2009 (the "Start Date") and ends at 11:59:59 p.m. Eastern Time on October 2, 2009 (the "Deadline").
4. HOW TO ENTER.
You must be a registered user of Twitter® (www.twitter.com) to participate in the Promotion. If you are not a registered user of Twitter®, simply visit https://twitter.com/signup to register, which is free. Once you are a registered user of Twitter®, you must become a follower of the NHL by visiting www.twitter.com/nhl and clicking "Follow." Qualified Entrants will then be required to "tweet" their predictions to @nhl, making certain to include "#NHLPick15" in their responses as described in Section 5 below. If you make or receive tweets on your mobile phone, standard text messaging rates will apply. In order to participate in the Promotion without receiving tweets on your mobile phone, be sure to deactivate your mobile phone from your Twitter® account. LIMIT: ONE (1) ENTRY PER PERSON OR TWITTER ACCOUNT. Any attempted form of entry into the Promotion other than as described herein is void. Entries from the same person and/or Twitter® account in excess of the number stated herein will be disqualified. Any attempt by an Entrant to use multiple Twitter® accounts may result in disqualification at the discretion of the Sponsor. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all Promotion Entries by that Entrant. Promotion Entries that are incomplete, garbled or corrupted are void and will not be accepted.
5. HOW TO PLAY.
The objective of the Promotion is to identify the winning team (i.e., the team awarded 2 points) in each of the fifteen (15) NHL games played on October 3, 2009 (the "October 3rd Games"). Qualified Entrants will be required to tweet their selections for the winning team in each October 3rd Game to @nhl, making certain to include "#NHLPick15" in their responses, prior to the Deadline to participate in the Promotion. Responses can be no longer than 140 characters and must (i) identify the predicted winning team for each October 3rd Game using the following generally accepted three-letter codes for each NHL team, or a reasonable facsimile thereof which clearly identifies the team at issue: ATL, ANA, BOS, BUF, CAR, CBJ, CGY, CHI, COL, DAL, DET, EDM, FLA, LAK, MIN, MTL, NJD, NSH, NYI, NYR, OTT, PHI, PHX, PIT, SJS, STL, TBL, TOR, VAN, WAS, and (ii) also include an answer to the following question to be used for tiebreaking purposes in the event that multiple eligible entrants correctly identify the winning team in all 15 games ("Tiebreaker Question"): "What is the total, combined number of penalty minutes that all 30 NHL teams will have in the games played on October 3rd?" Entries which do not include an answer to the Tiebreaker Question are invalid and not eligible to receive a prize. This Tiebreaker Question does not constitute the skill-testing question that must be correctly answered by a potential sweepstakes winner if an ultimate potential sweepstakes winner should be a resident of Canada.
6. AGREEMENT TO OFFICIAL RULES.
Participation in the Promotion constitutes full and unconditional agreement to and acceptance of these Official Rules by the Entrant.
7. PRIZES. There will be one (1)
Grand Prize available to be won, which will consist of: (a) a pair of tickets to any 2009 NHL regular season game of the winner's choice (other than the 2010 NHL Winter Classic®), and (b) roundtrip coach airfare for two (2) departing from the major commercial airport closest to winner's residence and arriving at the major commercial airport closest to the arena at which the selected NHL game is played (each, as determined by Sponsor in its sole discretion) and one night standard, double-occupancy hotel accommodations; provided however, that if the Grand Prize winner's residence is in close enough proximity to the arena in which the NHL game selected by the prize winner is to be played, as determined by Sponsor in its sole discretion, the Sponsor may provide alternative transportation to the arena in lieu of air travel and a hotel stay. Air carriers and hotels will be selected by Sponsor. Approximate retail value ("ARV") of Grand Prize is $2,000 (US), based on estimated cost of two round-trip, transcontinental airfare tickets, one night hotel stay, and average ticket prices. Actual retail value of Grand Prize may vary from ARV depending upon game selected by winner, points of departure and destination and fare fluctuations. Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. All other expenses not specified as part of the Grand Prize, including meals and additional travel expenses are the sole responsibility of the Grand Prize Winner and his/her travel guest. All federal, state and local taxes are the sole responsibility of the Grand Prize Winner. In the event the winner is unable to accept the prize, an alternate winner will be selected by the Sponsor. The winner's travel guest must have reached the age of majority in his/her jurisdiction of residence in order to accompany the Grand Prize winner as his/her travel guest. The winner and his/her travel guest must travel on the same itinerary, have valid travel documents (such as a valid passport) and be eligible for entry into the United States or Canada (as applicable) if the winner selects a game in a country other than his/her country of residence (i.e., a NHL game in Canada for U.S. residents or a NHL game in the U.S. for Canadian residents). There will be (10) Second Prizes available to be won, each of which will consist of a free subscription to NHL GameCenter Live™ for the 2009 season (ARV of each Second Prize is $159 (US)). The total ARV of all prizes is $3590 (US). All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prizes are non-transferable, non-refundable and must be accepted as awarded. No cash or other substitutions may be made, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with another prize (or portion thereof) of equal or greater value whether due to the unavailability of a prize or prize component, or for any other reason. Each winner is solely responsible for any and all applicable federal, state, local and/or any other applicable taxes and/or other costs and expenses associated with accepting, redeeming and/or using a prize which are not specifically mentioned herein. Without limitation, except where legally prohibited, acceptance of a prize constitutes a winner's consent for Sponsor to use the winner's name and address (city & state) for purposes of advertising, promotion and publicity relating to the Promotion only, without additional compensation.
8. SELECTION OF WINNERS.
At the conclusion of the Promotion, the Entrant who correctly identified the winning team in all 15 of the October 3rd Games will be determined to be the potential Grand Prize winner for the Promotion, subject to verification of winner eligibility. In the event that more than one Entrant correctly identifies the winning team in all 15 of the October 3rd Games ("Correct Entrants"), the potential Grand Prize winner will be the Correct Entrant whose response to the Tiebreaker Question was closest to (without exceeding) the actual aggregate number of penalty minutes award to NHL teams during October 3rd Games (if there is a tie, and if more than one person who is tied answers the Tiebreaker Question correctly, the winner will be selected by random draw conducted from among all such tied persons who have answered the Tiebreaker Question correctly). The ten (10) Second Prize winners will be determined in a random drawing from among all eligible entries to be held on or about October 6, 2009. Odds of winning will depend on the total number of eligible entries received. Sponsor's decisions are final and binding. Limit one (1) prize per person/household during the Promotion.
9. WINNER NOTIFICATION.
Each potential winner will be notified by mail, tweet, email and/or telephone within approximately two (2) weeks of the end of the Promotion. If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize is returned as undeliverable, such potential prize winner will be disqualified, and an alternate potential prize winner may be selected (at Sponsor's sole discretion) from all eligible entries received. A potential winner must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. A potential winner is not an official and confirmed winner until he/she has completed, signed and returned all required documentation, including, but not limited to, an Affidavit of Eligibility, Publicity Release (except where prohibited by law) and Liability Waiver, and the eligibility of the potential winner has been verified. Each potential winner must complete and return all necessary forms. Forms must be received within ten (10) days after notification of winning. If a potential winner does not complete all forms necessary within the time given, he/she will forfeit the prize and an alternate winner may be chosen at Sponsor's discretion. Promotion Entities are not responsible for documents not received within the required timeframe. All decisions of Sponsor and/or its designees shall be binding and final. (For Canadian Residents ONLY): To be declared a prize winner, the selected Entrant must answer correctly without assistance of any kind a mathematical skill-testing question posed by mail, tweet, e-mail or telephone. If the selected Entrant fails to answer or correctly answer the question he/she will be disqualified and another Entrant will be selected by Sponsor in its discretion.
By participating in the Promotion, all Entrants, including, without limitation, the potential winners, agree to forever and irrevocably release, indemnify and hold harmless each of the Promotion Entities and the National Hockey League, its Member Clubs, NHL Enterprises Canada, L.P., NHL Enterprises, B.V., NHL Interactive CyberEnterprises, LLC (together with the Promotion Entities, the "NHL Entities"), and each of their respective officers, directors, governors, partners, partnerships, principals, employees, volunteers, representatives, agents, affiliates, related entities, successors and assigns, from any and all liability, damages, property damage, injuries, death, claims, causes of action, or losses of any kind arising from, in connection with or resulting from the Promotion and/or any element thereof, participation, entry or inability to participate in the Promotion, acceptance, possession, use or misuse of any prize or any part thereof, and/or the violation of any privacy, personal, publicity or proprietary right.
11. GENERAL CONDITIONS.
Sponsor reserves the right to terminate, cancel, suspend and/or modify the Promotion, if intervening circumstances warrant, within Sponsor's sole discretion, due to any fraud, virus or other technical problem which corrupts the administration, security, or proper play of the Promotion, or for any other reason. In such event, Sponsor reserves the right to award a prize from among the eligible Entries received up to the time of the termination, cancellation, suspension and/or modification. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of dispute as to the owner of an entry, the entry will be deemed to have been submitted by the authorized account holder of the Twitter® account from which the entry is made. A potential winner may be requested to provide the Sponsor or its designees with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible, and an alternate potential winner may be selected in Sponsor's sole discretion. Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize. Without limiting the generality of the foregoing, such prize is provided "as is" without warranty of any kind, either express or implied, and Promotion Entities hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purposes and/or non-infringement.
12. LIMITATIONS OF LIABILITY.
Promotion Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated entry limit, or for entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered or otherwise not in compliance with these Official Rules, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of Entries in the Promotion, or for failure to receive entries due to transmission failures or technical failures of any kind and such Entries will be disqualified. By entering the Promotion, each Entrant agrees and acknowledges to be bound by the Official Rules, as well as the decisions of the Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with the Promotion or these Official Rules and that the Promotion Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in the Promotion (including, changes in an Entrant's entry information which affects the ability to contact such Entrant); typographical errors in Promotion promotional material; acceptance/possession, defects in, use, misuse or inability to use a prize; cancellations and/or delays or any change by any company or any other persons providing any of components of the prize due to reasons beyond the control of any of the Promotion Entities; any interruptions/postponement/ cancellation of Promotion; human error; incorrect or inaccurate transcription of entry information; any technical malfunctions of the computer on-line system, computer dating mechanism, computer equipment, software, or internet service provider utilized by any of the Promotion Entities or by Entrant; interruption or inability to access the Promotion, any Promotion-related Web pages, or any on-line service via the Internet due to hardware or software compatibility problems; any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Promotion; 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 Promotion Entities. Each Entrant further agrees to indemnify and hold harmless each of the NHL Entities from any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against any of the NHL Entities. Each prize winner releases each of the NHL Entities and each of their respective officers, directors, governors, partners, partnerships, principals, employees, volunteers, representatives, agents, affiliates, related entities, successors and assigns from any and all liability/responsibility with respect to the prize (and any element thereof) and/or the Promotion (including any property loss, damage, personal injury, or death) and hereby acknowledge that said NHL Entities 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 prizes (or any components thereof). NHL Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of the NHL Entities, or any of their agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of any of the NHL Entities, or (3) by any other cause, condition or event whatsoever beyond the control of any of the NHL Entities.
and shall be used only for the purpose of the prize awarding and to notify potential winners, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless Entrant has expressly opted-in to receiving additional information or promotional emails from Sponsor or any of the other Promotion Entities.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. For residents of the Canadian Province of Québec only, any litigation respecting the conduct or organization of this publicity sweepstakes may be submitted to the Régie des alcools, des courses et des jeux for a ruling; any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
15. PROMOTION RESULTS AND OFFICIAL RULES.
For a copy of the Official Rules or Winners' List, send the request and a self addressed stamped envelope postmarked prior to October 6, 2009 to #NHLPick15 (please specify Winners' List or Official Rules) c/o NHL Social Media, The National Hockey League, 1185 6th Avenue, 14th Floor, New York, NY, 10036. The Official Rules will also be available at www.twitter.com/nhl during the Promotion period.