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The Willie O'Ree Community Hero Award

OFFICIAL RULES
Void where prohibited or restricted by law.
 

The Willie O'Ree Community Hero Award is intended to recognize the individual that best utilizes hockey as a platform for participants to build character and develop important life skills for a more positive family experience. The objective of this Program is to recognize the commitment of those who are improving lives and strengthening their communities through the game of hockey. The Willie O'Ree Community Hero Award will be presented at the 2019 NHL Awards™ in Las Vegas, Nevada in June of 2019 (date to be announced).

The Willie O'Ree Community Hero Award (the "Program") is sponsored and administered by NHL Interactive CyberEnterprises, LLC, 1185 Avenue of the Americas, New York, NY 10036 ("Sponsor"). 

 

1.   ELIGIBILITY: In order to nominate an individual for the Award (a "Nominator"), or to vote (a "Voter") you must be a current legal resident of the fifty (50) United States (including the District of Columbia) or Canada who is at least thirteen (13) years of age or older as of the time of submitting your nomination or voting. If you are a minor in your place of residence, you must have the permission of your parent or legal guardian to submit a nomination, to be nominated and/or to vote. Sponsor reserves the right to request proof of such consent at any period during the Program. A Nominator may nominate any individual from the fifty (50) United States (including the District of Columbia) or Canada (a "Nominee") living (who is 13 years of age or older) or deceased, subject to the restrictions below in this Section 1. Employees (including, for clarity, any current or former National Hockey League players), officers, directors, governors, owners, representatives, and agents of the Sponsor, the National Hockey League ("NHL"), the NHL member clubs ("NHL Clubs"), NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises, B.V., NHL Network US, L.P. (all foregoing entities including Sponsor, the "NHL Entities"), BAMTech, LLC, Wayin, Inc., and each of their respective parent and affiliate companies, companies that they operate, licensors, and award providers (collectively, the "Ineligible Entities") may nominate other individuals, but are not eligible to be nominated themselves. For clarity, an individual merely volunteering for any of the Ineligible Entities may be nominated, provided that such Nominee does not receive payment or derive any income from any of the Ineligible Entities in connection with such volunteering activity. Members of the aforementioned employees', officers', directors', governors', owners', representatives', and agents' immediate families, namely spouses, children, siblings and parents, and/or persons living in the same household of such persons (at least three months a year, whether or not related) are eligible to nominate an individual but are not eligible to be nominated. The Award will only be provided to the Nominee who is the subject of the winning Submission (as defined below). The Program is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and is void where prohibited. 

Participation in the Program constitutes Nominator's, Nominee's or Voter's (or if a minor, Nominator's, Nominee's or Voter's parent's/legal guardian's) full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Program. Winning the Award (as defined below in Section 7) is contingent upon fulfilling all requirements set forth herein.

 

2.   TIMING: The Program begins at 1:00 p.m. Eastern Time ("ET") on February 27, 2019, ends when the Award Winner (as defined below) is announced at the NHL Awards™ in June 2019 (the "Program Period") and consists of the phases (each, a "Phase") as set forth in the chart below. Sponsor's computer is the official Program clock.

Phase Start Date End Date
Nomination February 27, 2019

1:00 p.m. ET

March 17, 2019

12:59 p.m. ET

Judging to Select Semi-Finalists & Notification and Clearance of Potential Semi-Finalists/Nominees March 17, 2019

1:00 p.m. ET

April 6, 2019

12:59 p.m. ET

Public Voting

(Top 3 Finalists)

April 28, 2019

1:00 p.m. ET

May 5, 2019

1:00 p.m. ET

Award Winner Determined May 5, 2019 May 5, 2019
NHL Awards™ Show Preparation May 5,2019 June 2019 (Date TBD)
Winner Announced June 2019 at NHL Awards™ June 2019 at NHL Awards™

 

3.   HOW TO ENTER: To nominate a Nominee, go to www.nhl.com/OReeAward (the "Program Website") during the Nomination Phase and:
(a) follow the online instructions to complete the nomination form including providing your Nominee's First and Last Name, City, State/Province, Country, Nominator's First and Last Name, Email Address, Phone Number, and Country; 
(b) upload your essay nomination of a Nominee (subject to the eligibility restrictions above) who you think deserves to win The Willie O'Ree Community Hero Award by describing how that individual, like Willie O'Ree, has used the sport of hockey to help others, to improve his or her community or to positively change culture and society and include the answers to the following questions:
 
(1) What is the best example of how he or she has made a lasting impact? (Max. 300 words);
(2) How has he or she made an impact in the past year? (Max. 300 words)
(3) Optional - What else would you like to share that makes your Nominee truly outstanding? (Max. 100 words)

(c) include one (1) optional photograph of your Nominee (your essay nomination, together with an optional photograph, herein, a "Submission"); and 
(d) check the box that confirms that you have read and agree to abide by the Official Rules and that you have permission of the Nominee (or if a minor, his/her parent/legal guardian or if deceased, his/her immediate family member or legal representative) to be included in your Submission. 

NOTE: For Nominators using a mobile device to participate in any aspect of this Program, message and data rates may apply. Check with your wireless service provider for details on any applicable charges. Nominators are solely responsible for any such wireless charges.

Submission Guidelines: Each Submission must:

  • (i)   include the required essay;
  • (ii)   be the Nominator's original work;
  • (iii)   be in English or French;
  • (iv)   have the permission of the Nominee (or if nominating a minor, the permission of his/her parent/legal guardian or if nominating someone who is deceased, the permission of his/her immediate family member or legal representative who is at least the legal age of majority) to have the Nominee's name and photograph/likeness entered into the Program; and
  • (v)   follow these additional guidelines if the Submission includes an optional photograph:
    • (a)   the suggested formats for any optional photograph are .jpg or .png; and 
    • (b)   the optional photograph must be of the Nominee you are nominating.

Non-compliant Submissions will not be considered. Eligible Submissions must display content consistent with nominating an individual who you think is the ideal person to win The Willie O'Ree Community Hero Award and may not:

  • (a)   contain materials embodying the first or last names or likeness identifying any person, living or dead, without permission;
  • (b)   be indecent, obscene, hateful, offensive, tortious, defamatory, or libelous;
  • (c)   contain material that violates, infringes or otherwise misappropriates the rights of any third party (including trademark rights, copyrights, and rights of publicity); 
  • (d)   improperly or incorrectly suggest, through the use of NHL or NHL Club trademarks or any other means, that Sponsor, Willie O'Ree, NHL or any NHL Clubs endorse, sponsor, or are affiliated with any Nominee, Nominator, Voter or any third party;
  • (e)   disparage or demean Sponsor, Willie O'Ree, or any of the other Ineligible Entities or any employee (including, for clarity, any current or former NHL® player), officer, director, or owner of any of the foregoing, any other person or entity affiliated with the Program (including any employee, officer, director or owner of such affiliated entity); 
  • (f)   promote alcohol, drugs, tobacco, violence, or firearms/weapons (or the use of any of the foregoing);
  • (g)   contain any personally identifiable identification (other than Nominator's or Nominee's name and/or likeness as permissible) such as license plate numbers, email addresses or street addresses; or
  • (h)   contain material that is unlawful in any way. 

Any Submission that violates any of the foregoing restrictions, in the Sponsor's sole discretion, shall be void and will not be considered in the Program. By submitting a Submission, Nominator represents that he/she has obtained all necessary permissions to feature any identifiable third parties including, for clarity, the Nominee that appears in the Submission (in the case of minors, any necessary permissions should be obtained from a parent or legal guardian and in the case of a deceased Nominees, any necessary permissions should be obtained from an immediate family member or legal representative). If requested, Nominator must be able to provide such permissions in a form acceptable to Sponsor. Sponsor reserves the right to remove and/or disqualify any Submissions that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Released Parties (as defined in Section 8 below) are not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void. Sponsor reserves the right to post (or to not post) any Submission onto any Program-related gallery. The posting of any Submission has no bearing on the winning status of any respective Nominee. The Sponsor reserves the right to remove any Submission from the Program Website at any time, for whatever reason, including subsequent determination that a Submission does not comply with these Official Rules.

Limit: There is no limit to the number of individuals that a Nominator can nominate, but any Nominator may only nominate the same individual once. Nominators are not permitted to share the same email address. Any attempt by any Nominator to submit more than one nomination for the same individual by using multiple email addresses, identities, registrations and logins, or any other methods may void all of that Nominator's Submissions. Use of any automated system to participate is prohibited and will result in disqualification. Only eligible Submissions uploaded through the Program Website will be accepted. All Submissions become property of Sponsor and will not be acknowledged or returned.

 

4.   JUDGING TO SELECT SEMI-FINALISTS: Willie O'Ree, in consultation with Sponsor representatives (together, the "Judging Panel"), will judge and score each Submission based on: (i) how well the best example of how the Nominee has made a lasting impact embodies the ideals Willie O'Ree represents (75%); (ii) how well the description of how the Nominee has made an impact in the last year embodies those same ideals (15%); and (iii) persuasiveness and clarity of expression (10%). The Nominee associated with each of up to ten (10) Submissions with the highest scores (subject to verification of eligibility, compliance with the terms of these Official Rules, and completion of the required documents as further described below) will be deemed the semi-finalists (each, a "Semi-Finalist"). In the event of a tie, an additional "tie-breaking" judge will determine the Semi-Finalists based on the criteria listed herein. Decisions of Sponsor are final and binding on all matters relating to this Program.

Odds of Winning: The odds of winning the Award (as defined below) depend upon the number of eligible Submissions received during the Nomination Phase, the judging criteria and the number of votes received.  

 

5.   SEMI-FINALIST NOTIFICATION: Up to ten (10) Nominators with the top scores will be notified via email and phone using the information provided with his/her Submission on the Program Website between March 17 and April 6, 2019. Each such Nominator will be required to respond to Sponsor by the deadline provided on the notification and to provide the contact information of the Nominee that he/she nominated in the Program and who was selected as a Semi-Finalist. In the event that the Semi-Finalist is deceased, the Nominator who nominated such Semi-Finalist will be required to provide the contact information for the immediate family member or legal representative that provided permission for the Nominator to nominate such Semi-Finalist into the Program. Each Nominator of a Semi-Finalist (or if the Nominator is a minor, his/her parent/legal guardian) will then be required to complete an Affidavit of Eligibility, Publicity Release (except where prohibited by law) and Liability Waiver. Once the Nominator has provided contact information for the respective Semi-Finalist, such Semi-Finalist (or if a minor, his/her parent/legal guardian, or if deceased, his/her immediate family member or legal representative) will be required to complete a W9 or W8 tax form (as applicable), and will also be required to complete, to the extent permitted by law, an authorization form for a background check and a Publicity and Liability Release that provides, among other things, the Semi-Finalist's consent to be the potential subject of a public online vote as a Finalist (as defined below) in connection with the Program, his/her agreement to participate in, and cooperate with Sponsor in the creation and development of, content (including videos and other media) to support, advertise, and/or promote the Program and the Program's public fan vote, and his/her agreement to participate in, and be filmed, photographed, or otherwise recorded prior to, at, or otherwise in connection with, the 2019 NHL Awards™ presentation (together with the Affidavit and background authorization form, the "Release Forms"). All Release Forms must be received by Sponsor by the date provided in the respective notifications. If any Semi-Finalist or Nominator cannot (a) be contacted after two attempts, (b) fails to respond and/or to provide any of the requested Release Forms within the required time period, (c) is otherwise in non-compliance with these Official Rules, (d) declines to or cannot accept the Award to be presented, or (e) fails to satisfactorily meet the requirements of the background check as determined in Sponsor's sole discretion, the Semi-Finalist will be disqualified and will no longer be eligible for a chance to win the Award. In the event that a Semi-Finalist is disqualified for any reason, Sponsor, in its sole discretion, may select an alternate Semi-Finalist whose Submission has the next highest score based on the judging criteria, time permitting. Sponsor reserves the right, at its discretion, to disqualify any Semi-Finalist, or subsequent Finalist based on the results of any background check conducted at any time during the Program, including after the Public Voting Phase has ended. 

 

6.   DETERMINING FINALISTS: Once the deadline for providing the Nominees' contact information and returning the required Release Forms has ended, the Judging Panel will review all information provided in such respective Release Forms (including any information contained in any related background checks) and determine, in its sole discretion, the top three (3) Semi-Finalists that will advance to the Public Voting Phase (each such advancing Semi-Finalist, a "Finalist"). At Sponsor's sole discretion, the three (3) Finalists may be publicly announced prior to the start of the Public Voting Phase. Please note: though up to ten (10) Semi-Finalists may have been notified as Semi-Finalists, only three (3) selected Finalists, as determined in Sponsor's sole discretion, will be put up for public vote. Remaining Semi-Finalists will no longer be eligible to proceed in the Program, unless as determined in Sponsor's discretion, any one (1) of the original three (3) Finalists put up for public vote is unable to proceed as a Finalist in the Program for any reason.

 

7.   PUBLIC VOTING: At the start of the Public Voting Phase, the three (3) Finalists' Submissions will be posted on the Program Website for public vote. During the Public Voting Phase, Voters can vote for the Finalist Submission that they feel best embodies the spirit of The Willie O'Ree Community Hero Award by visiting the Program Website and following the instructions to vote. The Finalist who receives the highest number of votes at the end of the Public Voting Phase will be deemed the winning Submission and the Nominee associated with that Submission will be the potential "Award Winner", subject to compliance with these Official Rules and final determination of Sponsor. In the event of a tie in voting results, the Finalist Submission that received the highest overall score during the Judging to Select Semi-Finalists Phase will be deemed the winning Submission. There is a limit of one vote per person per day and votes are subject to verification at any time. Only votes submitted through the Program Website are valid. Any attempt by any individual to vote by using multiple/different email addresses, identities, registrations and logins, or any other methods will void any associated votes and that individual may be banned from voting. No person may vote by proxy for any other person. Use of any automated system to vote or subvert the voting process is prohibited and will result in disqualification and all associated votes will be void. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process, as determined by Sponsor in its sole discretion, may be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, payment for votes or offering to trade votes, as determined by Sponsor, in its sole discretion, may result in those votes being void and the respective Finalist Submission being disqualified. 

Following the conclusion of the Public Voting Phase, the potential Award Winner will be determined and notified by telephone and/or email and may be required to complete additional documents required by Sponsor, which must be returned by the deadline date provided with such notification. 

Confidentiality: Finalists and their associated Nominators shall not disclose and shall refrain from communicating (either privately or publicly via social media or otherwise) any information whatsoever related to the results of the Program until after the presentation to the Award Winner on the NHL Awards™ has taken place in June 2019. Finalists and their associated Nominators, will be required to sign related documentation accordingly.

 

8.   AWARD AND APPROXIMATE RETAIL VALUE: There is one (1) award available in this Program consisting of an invitation for the nominated Award Winner and one (1) guest ("Guest") to attend the 2019 NHL Awards™ scheduled to take place in June 2019 (date TBD) in Las Vegas, Nevada where the nominated Award Winner will be presented with The Willie O'Ree Community Hero Award on stage during the show, and including the following: (i) round-trip coach-class airfare for Award Winner and Guest departing from a major airport located nearest to the Award Winner's home (determined by Sponsor in its sole discretion) to Las Vegas, Nevada; (ii) two (2) nights' hotel accommodation (as selected by the Sponsor in its sole discretion) in a standard room based on double occupancy; (iii) two (2) tickets to the 2019 NHL Awards™ (date and seating locations as determined by the Sponsor in its sole discretion); and (iv) The Willie O'Ree Community Hero Award presented to the Award Winner (together, the "Award"). In addition, a $10,000 donation will be made by the Sponsor on behalf of the Award Winner to the charity of the Award Winner's choice, subject to Sponsor's final approval. Approximate retail value ("ARV") of the Award is $3,000 USD based on a round-trip flight for two (2) adults from Québec, Canada to Las Vegas, Nevada. Travel from within the 50 U.S., D.C., or Canada and onward to Las Vegas, NV, along with hotel accommodation in Las Vegas for nominated Award Winner and Guest to be booked by Sponsor following Award Winner verification. Sponsor to provide event tickets to Award Winner on site prior to event. Actual value may vary based on airfare fluctuations and distance between departure airport within 50 U.S., D.C., or Canada and Las Vegas destination. In accepting the Award, the Award Winner is responsible for all federal, state, county, provincial, local and all other taxes (including income and withholding) on the Award and costs and expenses not specifically listed above as part of the Award including, without limitation, surcharges, service charges, meals, food, beverages, insurance, valid travel documentation, passports, transfers/transportation to and from the airports, car rentals, medical/health expenses, gratuities, excess baggage fees, communication charges, and all personal expenses and incidentals. Due to the nature of the Award, the Award Winner and Guest must be available to travel between the departure and return dates determined by Sponsor in its sole discretion or the Award will be forfeited. Unless Guest is a minor child of the Award Winner (or the Award Winner is the legal guardian of Guest), Guest must have reached the age of twenty-one (21) prior to signing the requisite travel and publicity release in order to accompany the Award Winner. In the event that the Award Winner or the Guest is a minor child, the parent/legal guardian of the Award Winner or Guest must execute the required release on Award Winner's or Guest's behalf. Travel arrangements are subject to availability, blackout dates and other restrictions. The Award Winner and Guest must travel on the same itinerary and, if departing from outside the United States, have all required valid passports and visas (with the term "valid" being defined as what is valid under United States and foreign laws) at the time of departure from the respective country including up to and including the time of return to the respective country and in the event for any reason the Award Winner does not have any required valid passport/visa at the time of departure neither such Award Winner nor Guest may travel and the Award will be forfeited in its entirety and nothing will be substituted in its place but if at the time of departure such Award Winner does have any required valid passport/visa and Guest does not have required valid passport/visa such Award Winner, if of age of majority in his/her place of residence, may travel unaccompanied by Guest and such Award Winner may not choose a new Guest.  There are no deviations to travel allowed except as approved by Sponsor in its sole discretion. If the Award Winner's residence is in close enough proximity to the destination city, as the Sponsor determines in its sole discretion, the Sponsor may provide ground travel in lieu of air travel.   

Award Winner and Guest must abide by all venue policies and event ticket terms and conditions. Sponsor reserves the right to revoke the full or partial Award from the Award Winner or Award Winner's Guest who it or venue personnel deem, in its sole discretion, may be intoxicated, be a safety risk, have violated any venue policy or law, or may bring the NHL Entities into disrepute. 

ARV of Award is in U.S. Dollars. All details and other restrictions of Award not specified in these Official Rules will be determined by Sponsor in its sole discretion. Actual value of Award under this Program may be lower or higher at the time of its fulfillment, and any difference between actual value and the stated ARV (if actual value is lower than stated ARV) will not be awarded. Sponsor is not responsible if any element of the Award (including the NHL Awards™ event) is delayed, postponed or cancelled for any reason. Award is non-transferable, non-refundable, and no substitution or cash redemption will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right, for whatever reason, to substitute the Award (or any component thereof) for one of equal or greater value. Award Winner must be able to accept the Award as presented or the respective Award will be forfeited in its entirety and an alternate potential winner may be selected in Sponsor's sole discretion.   

 

9.   RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTY: By participating in the Program, all Nominators, Nominees and Voters (or if minors, their parent/legal guardians) agree to forever and irrevocably release and hold harmless each of the Ineligible Entities, Willie O'Ree, and each of their respective officers, directors, governors, members, partners, partnerships, principals, owners, employees, volunteers, representatives, agents, affiliates (past, present and future), related entities, successors and assigns (collectively, the "Released Parties"), from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys' fees) (collectively, "Losses") 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 Award or component thereof, or (c) participation in any Program-related activity or Award-related activity including without limitation in each case any Losses that may be caused or contributed to by (1) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, or any of their independent contractors or any other person or entity not an employee of any of the Released Parties, or (2) any other cause, condition or event whatsoever beyond the control of any of the Released Parties. In addition, by participating in this Program, each Nominator, Nominee, and Voter (or if a minor, Nominator's, Nominee's, and Voter's parent/legal guardian) agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, costs and expenses (including amounts paid in settlement and reasonable attorneys' fees) 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 Nominator, Nominee, or Voter (as applicable) hereunder, or (ii) Nominee's possession, use or misuse of the Award or component thereof. Each Nominator, Nominee, or Voter (as applicable) 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 the Award (or any components thereof) and that, except as prohibited by applicable law, the Award is provided "as is" without warranty of any kind, either express or implied. Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.  

 

10.   PUBLICITY: Except where legally prohibited, participation in the Program and acceptance of the Award constitutes Nominators' (or if minors, Nominators' parent/legal guardian's) and, pursuant to signed releases, respective Semi-Finalists' (or if minors, respective Semi-Finalists' parent/legal guardian's or if deceased, respective Semi-Finalist's immediate family member or legal representative's) agreement and consent to Sponsor's, Willie O'Ree's and their affiliates', agents' or affiliated third parties' use of the Nominator's and respective Semi-Finalists' names, likenesses, photographs, voices, opinions and/or hometowns & states/provinces, and/or Submissions for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval. Providing a Submission constitutes Nominator's consent to give Sponsor, its successors, assigns and licensees, a royalty-free, irrevocable, perpetual non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display in whole or in part, the Submission, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without further compensation or approval. Such consent includes, among other things, consent for the Sponsor to display Nominator's Submission in a public gallery to promote the Program, consent for the Sponsor to capture and display footage, photographs, or other recordings featuring the Award Winner prior to, at, or otherwise in connection with, the 2019 NHL Awards™ presentation, and consent for the Sponsor to incorporate the Semi-Finalist Submissions in other content (including videos and other media) to support, advertise, and/or promote current and future iterations of the Program and the Program's public fan vote. If requested, Nominator will sign, and will cause his/her respective Semi-Finalist (or if a minor, his/her parent/legal guardian, or if deceased, his/her immediate family member or legal representative) to sign, any documentation required for Sponsor or its successors, assigns and licensees to make use of the non-exclusive rights Nominator is granting to use the Submission.

 

11.   GENERAL CONDITIONS: All decisions of Sponsor in connection with this Program shall be binding and final in all respects. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Program, 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 entry or voting into the Program, or for any other reason. In such event, Sponsor reserves the right to award the Award from among the eligible Submissions 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 or voting process or the operation of the Program 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 Program 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 or provision of these Official Rules shall not constitute a waiver of that term or provision. This Program is in no way sponsored or administered by any of the other Ineligible Entities except for Sponsor.  

 

12.   LIMITATIONS OF LIABILITY: Without limiting anything set forth above in these Official Rules, Released Parties shall not have any obligation, responsibility or liability, including any obligation or responsibility to provide the Award to any Award Winner, with regard to: (a) Submissions entered through the use of any robotic or automated device/computer program or any other non-human mechanism, entity, or device; (b) Submissions or votes in excess of the stated Submission/vote limit; (c) Submissions that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered or otherwise not in compliance with or in violation of these Official Rules, whether caused by any equipment or programming associated with or utilized in the Program or any other reason beyond Released Parties' control; (d) any technical or human error which may occur in the creation, submission, assignment or processing of Submissions or votes in the Program, including any technical or human error in connection with any social media platforms, Program Website and/or the hosting thereof; (e) Submissions, votes, Award claims or notifications that are not received by the intended recipient due to transmission, technical, computer or human failures or error of any kind, including any Submissions, votes, Award claims or notifications that are delayed, misdirected, or undelivered as a result of any failure or problem with the availability, functionality, operability or use of any network, server, ISP, website (including the Program Website), computer, internet connection, hand-held mobile device, social media platform, or any other equipment or connection used in connection with the Program; (f) changes in a Nominator's or Nominee's (or if a minor, his/her parent/legal guardian's, or if deceased, his/her immediate family member or legal representative's) information which affects the ability to contact such Nominator or Nominee (or, where applicable, his/her parent/legal guardian, immediate family member or legal representative); (g) typographical errors in Program promotional material; (h) cancellations and/or delays or any change by any company or any other persons providing any of components of the Award due to reasons beyond the control of any of the Released Parties; (i) any interruptions/postponement/cancellation of Program; (j) human error; incorrect or inaccurate transcription of Submission information; (k) any technical malfunctions of the computer on-line system, computer dating mechanism, computer equipment, software, any social media platform, or internet service provider utilized by any of the Released Parties or by Nominator; (l) interruption or inability to access the Program, any Program-related Web pages (including the Program Website), any social media platform, or any on-line service via the Internet due to hardware or software compatibility problems; (m) any damage to Nominator's, Nominee's, or Voter's (or any third person's) computer and/or its contents related to or resulting from any part of the Program; (n) any lost/delayed data transmissions, omissions, interruptions, defects; and/or (o) any other errors or malfunctions, even if caused by the negligence of any one or more of the Released Parties.

 

13.   DISPUTES: With regard to United States (including District of Columbia) Nominators, any and all disputes, claims and causes of action arising out of or connected with this Program or any Award awarded shall be resolved exclusively by the United States District Court for the Southern District of New York, U.S.A. or the appropriate New York State Court located in New York County, New York, U.S.A., and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, the Nominees, Voters and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A; With regard to Canadian Nominators, any and all disputes, claims and causes of action arising out of or connected with this Program or any Award awarded shall be resolved exclusively by the courts of the Province of Ontario, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, the Nominees, Voters and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. Applicable to all Nominators: Except where prohibited by law, all Nominators, Nominees (or if minors, their parents/legal guardians, or if deceased, their designated immediately family members or legal representatives) and Voters agree that (i) any and all such disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; (iii) under no circumstances will Nominators, Nominees (or if minors, their parents/legal guardians, or if deceased, their designated immediately family members or legal representatives) or Voters be permitted to obtain awards for, and Nominators, Nominees (or if minors, their parents/legal guardians, or if deceased, their designated immediately family members or legal representatives) and Voters hereby waive all rights to claim, indirect, punitive, incidental, consequential and/or any other damages, other than actual out-of-pocket expenses; (iv) they waive any and all rights to have damages multiplied or otherwise increased; (v) they irrevocably consent to the personal jurisdiction of the aforesaid courts, as applicable to each such Nominator, Nominee or Voter, and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have; and (vi) if any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable, and that in any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be.  

 

14.   PRIVACY: Information collected from Nominators will be used by Sponsor in connection with its administration of this Program, including to notify Nominators and Nominees, verify and confirm Semi-Finalists, Finalists and the potential Award Winner and fulfill the Award. Information collected from Nominators is otherwise subject to and may be used and shared by Sponsor in accordance with Sponsor's Privacy Policy at www.nhl.com/info/privacy-policy and applicable law. Canadian Nominators are advised that personal information collected will be stored on servers located in the United States and may be accessible to U.S. law enforcement, courts and other governmental institutions pursuant to the laws of the United States. 

 

15.   AWARD WINNER LIST: For the name of the Award Winner, send a self-addressed, stamped envelope to "The Willie O'Ree Community Hero Award", NHL Dept. SGL, 1185 Avenue of the Americas, NY, NY 10036. Residents of Canada may omit return postage. Winners List requests must be received no later than June 30, 2019.

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