OFFICIAL RULES FOR THE "HOCKEY IS BETTER IN MY CITY" CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Please read these Official Rules (these "Rules") for the Hockey Is Better In My City Contest (the "Contest") sponsored and administered by Woven Digital, LLC (the "Sponsor"). By participating in the Contest, you (i) represent that you satisfy all of the eligibility requirements set forth below, and (ii) agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Contest.
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK OR TWITTER.
Summary: Each contestant will submit an original entry in support of his or her city for an opportunity to represent his or her city in a head to head tournament playing NHL 15, the new hockey video game by Electronic Arts (the "NHL 15 Tournament"). The eligible cities are Boston, Chicago, New York, Philadelphia and Washington, D.C. (the "Contest Cities"). The Sponsor will select the single best submission for each city. The Sponsor will transport the winners for each Contest City to Boston where they will compete in the NHL 15 Tournament for the Contest's grand prize. The summary in this paragraph and any description of the Contest on www.barstoolsports.com or elsewhere is subject to the complete Rules.
Entry Period: The dates and times of entry and the date the City Winners (as defined below) and Grand Prize Winner (as defined below) will be selected for the Contest are set forth below.
Start: 6:00 a.m. (Pacific Time) on September 15, 2014
End: 11:59 p.m. (Pacific Time) on September 22, 2014
The selection date for the City Winners will occur on September 23, 2014 (the "First Round Selection Date").
The selection date for the Grand Prize Winner will occur on October 4, 2014, the date of the NHL 15 Tournament.
Eligibility: The Contest is open only to natural persons who are at least 21 years of age as of September 1, 2014 and are legal residents of the United States and the District of Columbia. Employees, directors, members, managers and officers of the Sponsor, Electronic Arts, Barstool Sports and each of their respective affiliates, subsidiaries, advertising or promotional agencies, and any of their immediate family members and/or those living in the same household, are not eligible to participate in the Contest. Each contestant who submits an entry in support of a Contest City must live within the greater metropolitan area of that city, as determined by Sponsor in its sole discretion. An "Eligible Entry" is an entry submitted by a person that complies with (a) the eligibility requirements set forth in this paragraph, (b) all other terms and conditions of these Rules, and (c) all applicable usage rules of www.barstoolsports.com and Facebook and/or Twitter, as applicable.
How to Enter: You may enter the Contest during the entry period by submitting a text note, video or photo to www.barstoolsports.com via Facebook or Twitter in support of your Contest City (a "Submission"). Each Submission must use the custom hashtag for your Contest City. The hashtag for Boston, Chicago, New York, Philadelphia and Washington, D.C. are, respectively, #[HockeyIsBetterinBoston], #[HockeyIsBetterinChicago], and #[HockeyIsBetterinNewYork] , #[HockeyIsBetterinPhiladelphia], and #[HockeyIsBetterinDC]. Your submission must make the case for why hockey is better in your Contest City, be in the English language, and must not contain any unlawful, hateful, objectionable, harmful, threatening, discriminatory, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is otherwise illegal, fraudulent or objectionable, or that advocates or describes any illegal activity. You may submit more than one Submission. Each video Submission must be less than one (1) minute in length. Each contestant grants Sponsor and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of his or her Submission(s) (along with a name credit) for any purpose without additional compensation. Each City Winner grants to Sponsor all right, title and interest in his or her winning Submission.
Deadline for Submissions: All Submissions must be received by the Sponsor no later than September 22, 2014. All Submissions received after September 22, 2014 will be ineligible for participation in the Contest. If the Sponsor does not receive a Submission for any reason or if a Submission is not submitted correctly, such Submission will be invalid and will be ineligible for consideration in the Contest.
Warranties and Consents: By entering the Contest, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or procedures posted by Facebook and/or Twitter, as applicable, (ii) based on these Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your entry is accurate; (iv) your Submission was created entirely by you and is owned by you, and (v) your Submission does not violate any third party's legal rights (including, without limitation, copyright, trademark, and rights of privacy and publicity), and otherwise does not violate applicable law (b) consent to the use of your name and/or likeness by the Sponsor and its affiliates for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which are final and binding in all matters relating to the Contest; and (d) acknowledge that the Contest is in no way sponsored, endorsed, administered by or associated with Facebook or Twitter.
Selection of City Winners and Grand Prize Winner: On the First Round Selection Date, the Sponsor will select one (1) winner from each Contest City (the "City Winners") to receive the First Round Prize by applying the judging criteria for the Contest to the pool of Eligible Entries for that Contest City. If the City Winner cannot be contacted, fails to return the required documents in the required time as provided herein, refuses or is unable to accept the First Round Prize, or is otherwise in violation of these Rules, the Sponsor shall select another City Winner for the applicable Contest City in accordance with the terms of this paragraph, to replace the City Winner originally selected.
In judging the Eligible Entries and selecting the City Winners, employees in the Sponsor's marketing department will apply the following criteria: (a) persuasiveness in demonstrating why hockey is best in the contestant's Contest City; (b) originality; and (c) humor value. Each criteria is weighted equally.
The City Winners will compete in the head to head NHL 15 Tournament on an Xbox One, and the winner of the tournament will receive the "Grand Prize" and be the "Grand Prize Winner."
Prizes; Approximate Retail Value of Prizes; Chances of Winning:
Each City Winner will receive the First Round Prize, which will consist of the following:
(1) For the City Winner from Chicago, a round trip economy flight for one (1) between Chicago and Boston. For the City Winner from each of Philadelphia, New York, and Washington DC, a round trip economy train fare for one (1) between their city and Boston.
(2) For each City Winner except the City Winner from Boston, round trip ground transportation from the airport or train station to the hotel and from the hotel to the location for the NHL 15 Tournament. The City Winner from Boston will receive round trip ground transportation from his or her home to the location of the NHL 15 Tournament.
(3) For all City Winners except the City Winner from Boston, accommodation for one (1) night in a Boston hotel.
(4) For each City Winner, $100 in cash as spending money.
The approximate retail value of the First Round Prize for the City Winner from Boston is $350; the approximate retail value of each First Round Prize for the City Winners for New York, Philadelphia and Washington D.C. is $1,050. The approximate retail value of the First Round Prize for the City Winner from Chicago is $1,250.
The Grand Prize Winner will receive the Grand Prize, which will consist of the following:
(1) A new Xbox One entertainment and gaming console.
(2) The NHL 15 video game for Xbox One by Electronic Arts.
The approximate retail value of the Grand Prize is $1,560. Each First Round Prize and the Grand Prize are referred to in these Rules as "Prizes." The City Winners and the Grand Prize Winners are referred to in these Rules as "Winners."
All expenses not specifically identified in these Rules as part of a Prize are not included as part of the Prize, and are the sole responsibility of the Winners, including, but not limited to: travel insurance, room service, bag check fees, parking fees, laundry service, souvenirs, telephone calls, tips, gratuities and service charges. Air carrier, hotel and providers of other prize elements will be selected by the Sponsor in its sole discretion. Actual value may vary based on fare fluctuations and date and time of departure. Each Winner will be responsible for all necessary travel authorizations and for any travel insurance. Each Winner must provide the hotel with a major credit card issued in his or her name to cover room security and incidental expenses, if any. The Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers or certificates. Each Winner agrees to accept and adhere to the Code of Conduct as described below. All travel is subject to approval of the Sponsor and all prize elements will be selected and/or booked by the Sponsor or its designee. The Sponsor is not responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of the Sponsor.
The Prizes must be accepted as awarded and no substitution, transfer, conversion or assignment of any Prize is allowed. The Prizes are not redeemable for cash. In the event of unavailability of any Prize, the Sponsor may substitute an alternative prize of equal or greater value.
THE PRIZES WILL BE PROVIDED BY THE SPONSOR TO THE WINNER "AS IS." THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRIZES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Code of Conduct: The Winner and his/her guests, if any, shall be held to the following code of conduct described herein at all times while participating in the events included in the Prizes. Failure to adhere to this code of conduct, in the Sponsor's sole discretion, may result in immediate disqualification, including, but not limited to, loss of Winner status and forfeiture of prizes.
1. Demeanor. Each Winner and his/her guests must conduct themselves in a reasonable and courteous manner, maintaining a friendly and polite demeanor during participation in any Prize activities. The Winner and his/her guests must refrain from the use of vulgar language or gestures, as well as overtly sexual or abusive behavior, including harassment and threats. The Winner and his/her guests must not engage in physical abuse, fighting or any threatening action or threatening language during any Prize activities.
2. Dress Code. Each Winner and his/her guests must be attired in decent, non-sexual and non-threatening manner while participating in any Prize activities. The Sponsor reserves the right to refuse attendance at any Prize activities based on attire, in its sole discretion.
3. No Drugs or Weapons or Inebriated Behavior. Use or possession of drugs or weapons by a Winner and his/her guests is prohibited on the premises of, immediately outside of, or otherwise during any Prize activity. Each Winner and his/her guests must not be under the influence of drugs or inebriated in any way during any Prize activity.
4. Compliance with Law. Each Winner and his/her guests must not be in violation of any federal, state, or local law during any Prize activity.
Notification of Winner; Verification: The Sponsor will notify each City Winner by email or via social media within three (3) days of the First Round Selection Date. Within two (2) days of the Sponsor sending such notification, the Winner must notify the Sponsor, via email or U.S. registered mail, that he/she has accepted the Prize. The Sponsor is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify a Winner. The Prize will be awarded only if the Sponsor has verified that the Winner has (i) complied with these Rules and (ii) completed, signed and returned to the Sponsor an Affidavit and Release Form (the "Affidavit"), model releases and location releases and other documents requested by Sponsor within three (3) days of receiving the documents from the Sponsor. If such person fails to complete, sign and return the Affidavit and other documents to the Sponsor within such three (3) day period, the Sponsor reserves the right to void such person's entry and select another Winner. By completing, signing and returning the Affidavit, you (i) confirm your compliance with these Rules, (ii) release and forever discharge the Sponsor, Barstool Sports, Electronic Arts, and each of its respective managers, members, officers, employees, affiliates and subsidiaries, and each of their respective advertising and promotional agencies, from all claims, demands, damages, actions and causes of action arising by reason of the acceptance or use of any Prize, and (iii) except as limited by law, give permission to the Sponsor, at its option, to publish or otherwise use your name, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
Taxes: All federal, state and local taxes are the sole responsibility of each Winner.
Consult with your tax professional regarding potential tax implications.
Indemnification: By participating in the Contest and, if selected as a Winner, by accepting a Prize, you agree to release, indemnify, defend and hold harmless the Sponsor, Electronic Arts, Barstool Sports, Starcom MediaVest Group, Facebook, and Twitter, and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners, advertising agencies and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Contest, including, without limitation, acceptance, use or misuse of any Prize.
Arbitration; Waiver of Certain Damages: As a condition of participating in the Contest, you agree that: (i) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages; (ii) all causes of action arising out of or connected with the Contest or the Prizes shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles, California; and (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event shall any claim, judgment or award include attorneys' fees or any equitable or injunctive relief. Disputes arising out of the Contest will be determined according to the laws of the State of California without reference to its or any other jurisdiction's conflicts of laws principles. Any provision of these Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Rules will remain in effect.
Limitation of Liability: Each Winner acknowledges and agrees that the Sponsor, and each of its respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their officers, directors, managers, members, employees, representatives and agents will have no liability whatsoever, and shall be held harmless by each Winner for any injuries, claims, losses or damages of any kind to any person, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize.
DISCLAIMER OF WARRANTIES: THE SPONSOR IS PROVIDING THE CONTEST ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
General Terms: The Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the entries in the Contest. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person's computer related to or resulting from any attempt to participate in the Contest or to download materials or software related to the Contest. The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prizes and/or the Winners. If, for any reason, the Contest is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest. No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted. The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Contest if the Sponsor suspects or finds that such person: (i) has used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of the Contest; (iii) is acting or has acted in violation of these Rules; (iv) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any document submitted in connection with the Contest.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Use of Data: The Sponsor and/or its affiliates may collect personal data about you, including, without limitation, your name and email and street address. By participating in the Contest, except as limited by law, you hereby agree to the collection and usage of your personal information by the Sponsor and/or its affiliates as set forth herein.
Severability; Headings: If any provision of these Rules is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity or enforceability of any remaining provision hereof. Headings and captions are used in these Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof.
Sponsor; Administrator: Woven Digital, LLC is the Sponsor and the Administrator of the Contest and its address is 10381 Jefferson Blvd., Culver City, California 90232. Requests for a copy of these Rules or a list of winners of the Contest must be sent in writing to the Sponsor in a self-addressed stamped envelope. Such requests must identify the name of the Contest as set forth above. Requests for a list of winners must be sent within sixty (60) days following the end of the Contest.