2023 NHL® FAN SURVEY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The 2023 NHL® Fan Survey Sweepstakes (the "Sweepstakes") is sponsored by NHL Interactive CyberEnterprises, LLC, 395 Ninth Avenue, New York, NY 10001 ("Sponsor").
- SWEEPSTAKES PERIOD:The Sweepstakes starts at 10:00 a.m. Eastern Time ("ET") on September 20, 2023 and ends at 11:59:59 p.m. ET on October 20, 2023 (the "Sweepstakes Period"). Sponsor's computer is the official Sweepstakes clock.
- ELIGIBILITY:The Sweepstakes is open only to current legal residents of the fifty (50) United States (including the District of Columbia) or Canada who: (i) have reached the age of majority in their state/province/territory of legal residence as of the time of entry; and (ii) have received an invitation to participate in a survey via email from the National Hockey League (each such eligible entrant, an "Entrant"). Employees, officers, directors, representatives, and agents of the Sponsor, the National Hockey League ("NHL"), the NHL's member teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises, B.V., NHL Network US, L.P. (the foregoing NHL entities including Sponsor, collectively the "NHL Entities"), Qualtrics, LLC and each of their respective parent and affiliate companies, licensors, and prize providers (collectively, the "Ineligible Entities") as well as members of such employees', officers', directors', 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 (3) months a year, whether or not related) are not eligible to enter this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and is void where prohibited.
Participation constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER: No purchase necessary.During the Sweepstakes Period, there are two (2) ways for an eligible Entrant to participate: (i) access the 2023 NHL® Fan Survey that was distributed via email by the NHL or Qualtrics on behalf of the NHL and follow the instructions to complete and submit the survey (the "Survey") including checking the box that indicates that you have read and agree to abide by the Official Rules; or (ii) print your first name, last name, street address, city, state/province, ZIP/postal code, phone number, email address, and favorite NHL® team (optional for Canadian residents) on a piece of paper, insert into an envelope stamped with sufficient postage, and mail to: 2023 NHL® Fan Survey Sweepstakes, NHL FISA, 25th Floor, 395 Ninth Avenue, New York, NY 10001. Mail-in entries must be postmarked by October 20, 2023 and received by October 27, 2023. Each Survey entry or mail-in entry, as the case may be, an "Entry" and collectively, the "Entries". Upon submitting a valid Entry, Entrant will receive one (1) Entry into the Sweepstakes.
Note: For Entrants using a mobile device to participate in any aspect of this Sweepstakes, message and data rates may apply. Check with your wireless service provider for details or any applicable charges. Entrants are solely responsible for any such wireless charges.
Released Parties (as defined in Section 7, below) are not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected Entries, all of which will be void.
Limit: ONE (1) ENTRY PER PERSON DURING THE SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. No person may enter more than once by using different email addresses and no email addresses can be used to submit more than one (1) Entry. Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described herein is void and will be disqualified. Entries from the same person and/or email address in excess of the number stated herein will be disqualified. Any attempt by an Entrant to use multiple email accounts will result in disqualification. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all Entries by that Entrant. Entries that are incomplete, late, postage-due, misdirected, undeliverable, garbled or corrupted are void and will not be accepted. All Entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
- RANDOM DRAWING:On October 30, 2023, at 12:00 p.m. (Noon) ET at the NHL Corporate Office at 395 Ninth Avenue, New York, NY 10001, a Sponsor representative will randomly select one (1) potential grand prize winner ("Grand Prize Winner") from among all eligible Entries received during the Sweepstakes Period. The selected winner is considered a potential winner, subject to verification and compliance with these Official Rules. The confirmed Grand Prize Winner will be awarded one (1) Grand Prize as described below. The Grand Prize may be referred to hereinafter as the "Prize" or the "Grand Prize."
- PRIZE, APPROXIMATE RETAIL VALUE ("ARV") AND ODDS OF WINNING:
Grand Prize (1): One (1) Grand Prize will be awarded to the Grand Prize Winner, which will consist of one (1) NHL® event package that includes: (i) two (2) tickets for the Grand Prize Winner and one (1) guest to attend the Grand Prize Winner's choice of a 2023-2024 NHL® event selected from a Sponsor-provided list (the “Event”); (ii) roundtrip, coach-class air transportation for Grand Prize Winner and one (1) guest from an airport nearest to the Grand Prize Winner's residence (determined in the sole discretion of the Sponsor) and onward to the Event destination; and (iii) two (2) nights hotel accommodation (one standard room, double occupancy selected in Sponsor's sole discretion) (together, the "Grand Prize"). Approximate Retail Value ("ARV") of Grand Prize: $2,500 USD based on sample New York, NY/Seattle, Washington departure/arrival. Actual value of the Grand Prize may vary based on the Event selected, airfare fluctuations, and distance between departure airport and Event destination.
Travel and hotel accommodations for Grand Prize Winner and guest will be booked by Sponsor following Grand Prize Winner verification and Event selection in accordance with Section 6 below. Sponsor to provide Event tickets directly to Grand Prize Winner on location in Event city. In accepting the Prize, the Grand Prize Winner is responsible for all federal, state, county, provincial, local and all other taxes (including income and withholding) imposed on or asserted in connection with the Prize and costs and expenses not specifically listed above as part of the Prize 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 Prize, the Grand Prize Winner and guest must be available to travel between the departure and return dates determined by Sponsor in its sole discretion or the Prize will be forfeited. Unless guest is a minor child of the Grand Prize Winner (or the Grand Prize Winner is the legal guardian of guest), guest must have reached the age of majority in their jurisdiction of residence prior to signing the requisite travel and publicity release in order to accompany the Grand Prize Winner. In the event that the guest is a minor child of the Grand Prize Winner or the Grand Prize Winner is the legal guardian of guest, the Grand Prize Winner must execute the required release on guest's behalf. Travel arrangements are subject to availability, blackout dates and other restrictions. The Grand Prize Winner and guest must travel on the same itinerary and, if departing from a country other than the country in which the Event is held have valid passports and visas (with the term "valid" being defined as what is valid under United States and Canadian laws) at the time of departure from the former country including up to and including the time of return to such country and in the event for any reason the Grand Prize Winner does not have a valid passport/visa at the time of departure neither such Grand Prize Winner nor guest may travel and the Prize will be forfeited in its entirety and nothing will be substituted in its place but if at the time of departure such Grand Prize Winner does have a valid passport/visa and guest does not have a valid passport/visa such Grand Prize Winner may travel unaccompanied by guest and such Grand Prize 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 Grand Prize 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.
Grand Prize Winner and guest must abide by all venue policies and Event ticket terms and conditions including any rules and regulations related to COVID-19. Sponsor reserves the right to revoke the full or partial Prize from any winner or winner's guest who it or venue personnel deem, in their 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 Prize is in U.S. Dollars. All details and other restrictions of Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Actual value of Prize under this Sweepstakes 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 Prize (including the Event) is delayed, postponed or cancelled for any reason. Prize 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 Prize (or any component thereof) for one of equal or greater value. Grand Prize Winner must be able to accept Prize as awarded or Prize will be forfeited in its entirety and an alternate winner may be selected in Sponsor's sole discretion.
Odds of Winning: The odds of winning the Prize depend upon the number of eligible Entries received during the Sweepstakes Period.
- WINNER NOTIFICATION: Following the drawing on October 30, 2023, the potential winner of the Grand Prize will be notified via email by a Sponsor representative. The potential winner will be required to respond to Sponsor within five (5) days of notification and will be required to complete an Affidavit of Eligibility, Publicity Release (except where prohibited by law) and Liability Waiver along with a W9 or W8 tax form (if applicable) (together, the "Release Forms"), all of which must be received by Sponsor by the date provided in the notification in order to claim their Prize. The potential winner, if Canadian, will also be required to correctly answer a skill-testing question without any assistance of any kind in order to be eligible to receive their Prize. If a potential winner of the Prize cannot (a) be contacted after two (2) attempts, (b) fails to respond and/or provide any of the Release Forms within the required time period, (c) does not correctly answer the skill-testing question (if applicable), (d) is otherwise in non-compliance with these Official Rules, or (e) declines to or cannot accept the Prize to be awarded as provided by Sponsor, the potential winner forfeits their Prize. In the event that the potential winner is disqualified for any reason, Sponsor, in its sole discretion, may select an alternate potential winner for the Prize by random drawing from among all remaining eligible Entries received during the Sweepstakes Period, time permitting. Only up to one (1) alternate drawing may be held, after which the applicable Prize will remain un-awarded. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official Grand Prize Winner of the Sweepstakes.
- RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTY: By participating in the Sweepstakes, all Entrants agree to forever and irrevocably release and hold harmless each of the Ineligible Entities 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 Sweepstakes or any element thereof, including entry or participation therein, (b) delivery, possession, acceptance and/or use or misuse of any Prize or component thereof, or (c) participation in any Sweepstakes-related activity or Prize-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 Sweepstakes, each Entrant 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 Entrant hereunder, or (ii) Entrant's possession, use or misuse of the Prize or component thereof. Each Entrant 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 Prize (or any components thereof) and that, except to the extent prohibited by applicable law, the Prize is provided "as is" without warranty of any kind, either express or implied. Released Parties hereby disclaim all such warranties and conditions, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
- PUBLICITY: Except where legally prohibited, participation in the Sweepstakes and acceptance of the Prize constitutes the Grand Prize Winner's agreement and consent to Sponsor's and its affiliates', agents' or affiliated third parties' use of the Grand Prize Winner's name, likeness, photograph, voice, opinions and/or hometown & state/province, for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval.
- GENERAL CONDITIONS: All decisions of Sponsor in connection with this Sweepstakes shall be binding and final in all respects. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Sweepstakes 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 into the Sweepstakes, or for any other reason. In such event, Sponsor reserves the right to award the 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 Sweepstakes 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 Sweepstakes 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. 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 email address from which the Entry is made. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The potential Grand Prize Winner may be requested to provide the Sponsor or its designees with proof that the potential Grand Prize Winner is the authorized account holder of the email address associated with a winning Entry. If a dispute cannot be resolved, the Entry will be deemed ineligible, and an alternate potential Grand Prize Winner may be selected in Sponsor’s sole discretion (in accordance with Section 6 above). This Sweepstakes is in no way sponsored by any of the other Ineligible Entities except for Sponsor. Any questions, comments, or complaints regarding the Sweepstakes should be directed to the Sponsor.
- LIMITATIONS OF LIABILITY: Without limiting anything set forth in Section 7 or Section 9 of these Official Rules, Released Parties shall not have any obligation, responsibility or liability, including any obligation or responsibility to award the Prize to any Entrant, with regard to: (a) Entries submitted through the use of any robotic or automated device/computer program or any other non-human mechanism, entity, or device; (b) Entries in excess of the stated entry limit; (c) Entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, corrupted, postage-due, undeliverable, 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 Sweepstakes 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 Entries in the Sweepstakes, including any technical or human error in connection with the Survey website and/or the hosting thereof; (e) Entries, Prize 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 Entries, Prize 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 Survey website), computer, internet connection, hand-held mobile device or any other equipment or connection used in connection with the Sweepstakes; (f) changes in an Entrant's Entry information which affects the ability to contact such Entrant; (g) typographical errors in Sweepstakes promotional material; (h) 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 Released Parties; (i) any interruptions/postponement/cancellation of Sweepstakes; (j) human error; incorrect or inaccurate transcription of Entry information; (k) 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 Entrant; (l) interruption or inability to access the Sweepstakes, any Sweepstakes-related Web pages, or any on-line service via the Internet due to hardware or software compatibility problems; (m) any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes; (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.
- DISPUTES: With regard to United States (including District of Columbia) Entrants, any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the Prize 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 Entrants and Sponsor in connection with the Sweepstakes, 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 Entrants, any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the Prize 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 Entrants and Sponsor in connection with the Sweepstakes, 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 Entrants: Except where prohibited by law, Entrants 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 Sweepstakes, but in no event attorneys' fees; (iii) under no circumstances will Entrants be permitted to obtain awards for, and Entrants 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 Entrant, 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.
- PRIVACY: Personal information will be used by Sponsor and Qualtrics in connection with the administration of this Sweepstakes, including to notify Entrants, verify and confirm the Grand Prize Winner and fulfill the Grand Prize and as otherwise described in Sponsor's Privacy Policy at http://www.nhl.com/info/privacy-policy. Canadian Entrants are advised that personal information 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.
- WINNERS LIST: For the name of the Grand Prize Winner, send an email with the subject heading “Winners List – NHL Fan Survey Sweepstakes” to [email protected]. Winners List requests must be received no later than December 31, 2023.
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