Modell’s Sporting Goods®
Holiday Ticket To Win It
OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to U.S. residents living in CT, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, and Wash DC, who are 16 years of age or older at the time of entry. Void where prohibited by law.
This game is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Modell’s Sporting Goods and not to Facebook.
1) HOW TO PLAY: Modell’s Sporting Goods® Holiday Ticket To Win It game pieces (the “Promotion“) will be distributed at all Modell’s Sporting Goods® retail stores during store hours starting on Saturday, December 3, 2011 and ending Friday, December 23, 2011 (while supplies last) (the “Promotion Period“). To find out if you have an Instant Winning game piece, visit http://www.facebook.com/Modells starting on Saturday, December 3, 2011 and ending on Friday, December 23, 2011 and click on the “Modell’s Holiday Ticket To Win It” tab. If YOU HAVE A WINNING GAME PIECE SEE RULE #5. To receive a game piece without making a store visit (while supplies last), send a self addressed stamped envelope to Modell’s Sporting Goods® Holiday Ticket To Win It Card Request,PO Box 590570, Newton Center, MA 02459. Requests must be received prior to 12/23/2011.
No mechanically reproduced, photocopied or game cards that have been altered in any way allowed. Entries made by any other individual or any entity, including, but not limited to, commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this promotion. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator decisions, which are final and legally binding in all matters related to the Modell’s Sporting Goods® Holiday Ticket To Win It Promotion and cannot be appealed. Winning a prize is contingent upon fulfilling all requirements set forth herein. No responsibility is assumed by Sponsor or Administrator for lost, late, misdirected, illegible, incomplete, or stolen, game pieces.
LIMIT: One (1) game piece per person per store visit. A visit is defined as receiving one (1) game ticket per calendar day (the “Visit“). Sponsor: Modell’s Sporting Goods®, Inc., located at 498 7th Avenue, NY, NY 10018 (“Sponsor“). Administrator: COHEN-FRIEDBERG ASSOCIATES (“Administrator”), Framingham, MA 01702. Sponsor, Administrator, and their respective directors, officers, shareholders, employees, and Associates, affiliates, subsidiaries, distributors, and agents, including, but not limited to, dealers, retailers, printers, individuals engaged in the development, production or distribution of materials, their respective advertising and promotion agencies, and their respective officers, directors, and employees (collectively, the “Promotion Entities”), including immediate family members (as defined by theIRS) of the Promotion Entities are not eligible to participate or win.
2) Timing: Promotion starts Saturday, December 3, 2011 and ends on Friday, December 23, 2011 (while game piece supplies last) (the “Promotion Period”). Winning numbers announced starting on Saturday, December 3, 2011 and ending on Friday, December 23, 2011 (“Winning Number Announcements“). Each day ten (10) winning numbers will be released plus each Friday, one additional number will be released worth $250.
3) CONDITIONS OF PARTICIPATION: Void where prohibited. By participating in this promotion, the participant agrees to assume all responsibility for the submission of potential winning game pieces to the Redemption Center (See Rule #5). Game materials are automatically null and void and will be rejected if prize claim submissions are not obtained through legitimate channels, late, or if illegible, mutilated, torn, altered, counterfeit, photo copied, mechanically reproduced, do not contain printer’s markings, tampered with in any way, miscut, blank or partially blank, misregistered; or, if they contain typographical, mechanical, printing, production or other errors; or if game piece fails any validation test. Liability for the issuance of an instant win game piece containing printing or other errors, if any, is limited to the replacement with another game piece from random stock of game pieces while supplies last. All applicable federal, state and local taxes on prizes are the sole responsibility of the prize winner. The Grand Prize winner will be required to complete an Affidavit of Compliance/Eligibility and Liability/Publicity Release (where permitted) prior to being issued their prize or prize will be forfeited. Each prize will be awarded only if the prizewinner complies with these Official Rules. The prizewinner waive the right to assert as a cost of winning a prize, any and all costs of redemption or travel to redeem said prize, and any liability which might arise from redeeming, or seeking to redeem, or from use, misuse, acceptance or possession of said prize or from participation in prize-related activities. By entering, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Sponsor, the Administrator, Promotion Entities and (collectively, “Released Parties”) from any liability, claim, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the promotion and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (B) that 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the promotion at Sponsor’s sole discretion.
4) PRIZES/ODDS OF WINNING: Two hundred and fourteen (214) winning game pieces will be seeded into the total production of game pieces.
One (1) Grand Prize: $10,000. Prize payable by check in the name of the winner. Odds of winning 1:1,000,000.
Three (3) First Prizes: $250 Modell’s Sporting Goods Gift Card. ARV $250. The terms and conditions of the Modell’s Gift Card apply and govern redemption procedures. Gift Card is valid for use in-store only. NOTE: One First Prize number will be released each Friday (12/9, 12/16, and 12/23/2011). Odds of winning 1:333,333
Two Hundred and ten (210) Second Prizes: $25 Modell’s Sporting Goods Gift Card. ARV $25. The terms and conditions of the Modell’s Gift Card apply and govern redemption procedures. Gift Card is valid for use in-store only. Odds of winning 1:4,762
Approximate retail value of all prizes $16,000.
Prize Notes: Any Prize that remains unclaimed will not be offered in any Second Chance drawing or otherwise awarded. Return of any prize/prize notification as undeliverable will result in the disqualification of the potential winner and no alternate winner will be selected. No substitution or transfer of prize is permitted except by Sponsor. Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses not specified herein as being awarded.
5) HOW TO VERIFY AND REDEEM AN INSTANT WINNING GAME PIECE. If you have an Instant Winning game piece, you are not a winner until your Instant Win game piece has been verified by the Administrator at the Modell’s Redemption Center and you have complied with all terms of these Official Rules. As part of the verification process, only winning game pieces that contain a “distinguishing mark” or “game security mark” will be honored. Any game pieces submitted for claiming a prize that DOES not contain such marks will be made null and void and will not be honored. DO NOT GIVE YOUR WINNING GAME PIECE TO ANY MODELL’S RETAIL STORE ASSOCIATE. Associates are not authorized to redeem prizes. TO REDEEM: In pen, sign your name near your winning number on your game piece. On a separate piece of paper, clearly print your name, complete address, full birth date and telephone number and mail with your original, signed Modell’s Holiday Ticket To Win game piece to the Modell’s Redemption Center address listed below. IMPORTANT: Please retain a photocopy, for your records, of any Instant Win game piece submission mailed to the Redemption Center address for verification. It is recommended that you send potential winning game piece via Registered or Certified Mail, Return Receipt Requested. Proof of mailing is not proof of receipt.
Modell’s Sporting Goods Redemption Center
NEWTON CENTRE, MA 02459
ALL PRIZE CLAIMS MUST BE RECEIVED BY 12/31/2011. ANY CLAIMS FOR A PRIZE RECEIVED AFTER 12/31/2011 ARE VOID AND WILL NOT BE HONORED OR AWARDED.
Antifraud detection devices will be used to verify winners. No more than the advertised number of prizes will be awarded. In the event the number of winning submission received is greater than the number of prizes provided for in these Official Rules, only the number of prizes indicated will be awarded based on a random drawing of all such submissions received at that prize level. The Sponsor also explicitly reserves the right to correct any and all errors, including, but not limited to, printing errors, so as to make the Sweepstakes materials conform to the rules of the Sweepstakes.
6) NOTICES: Potential winners of any prize valued at $600 or more will have ten (10) days from receipt of notification to claim his/her prize by completing, signing and returning the Affidavit of Eligibility, Liability Release and, where lawful, Publicity Release forms and W-9 request for tax payer’s identification number. If a potential winner fails to comply with these Official Rules, cannot be located or reached, has provided an incorrect mailing address, is determined to be ineligible, declines or fails to claim the prize for any reason, or if the prize notification or prize is returned as undeliverable, such entrant will forfeit his or her opportunity to receive a prize and that prize will become void. Acceptance of a prize constitutes permission for the Promotion Entities to use winner’s name, voice and likeness, along with his or her biographical information, address (city and state) and the right to use and publish their entries, proper name, and any statements made or attributed to such winner (collectively, the “Attributes“) in any and all media, unless prohibited by law. This will include, but is not limited to, media now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising and promotional purposes in connection with the Promotion without further compensation, and releases Promotion Entities from all claims arising out of the use of such Attributes.
7) ELIGIBILITY: Participation open only to U.S. residents living in CT, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, and Wash DC, who are 16 years or older at the time of entry.
8) DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the promotion if it determines, in its sole discretion, that the promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the promotion is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9) Consumer requests & winners list: For a copy of the Official Rules, send a self addressed stamped envelope to be received by 12/31/2011 to “Modell’s Sporting Goods® Holiday Ticket To Win It Rules Request”PO Box 590570,NewtonCentre,MA 02459. For a list of the major prize winners, send a self addressed stamped envelope to be received by 1/6/2012 to: ” Modell’s Sporting Goods® Holiday Ticket To Win It Winners List”,PO Box 590570 , Newton Centre, MA 02459. VT residents may omit return postage on any request.
10) Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion 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.
® Modell’s Sporting Goods, Inc. all rights reserved.