2012 Stanley Cup Playoffs Scratch & Match
Open only to residents of the United States and the District of Columbia 18 years of age or older with access to Facebook at the time of entry. NO PURCHASE NECESSARY. PURCHASE WON’T INCREASE YOUR CHANCES OF WINNING. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., or Bozuko. You understand that you are providing your information to Modell’s Sporting Goods, Inc. (“Modell’s” or “Sponsor”).
The 2012 Stanley Cup® Playoffs Scratch and Match (The “Game“) begins at 12:01 a.m. Eastern Standard Time (“EST”) on Tuesday May 22, 2012 and ends at 11:59 p.m. EST on Saturday, June 30, 2012 (the “Game Period“). Entries may be made from entrant’s Facebook page. If using a Smartphone to enter, standard text messaging rates apply to each text message sent or received as provided in your wireless rate plan. (Contact your carrier for pricing plans and details).
1. HOW TO PLAY:
Utilizing your computer or Smartphone you can enter the Game through Sponsor’s application on Facebook during the Game Period at http://www.facebook.com/Modells (the “Facebook Site”) and (b) if you have not previously done so, “Like” the Sponsor’s Facebook page and (c) follow directions to receive the link to play the Game.
The Game entails “scratching” (i.e., clicking on with your mouse) six NHL® shield images that appear on your screen. Each of the shield images will indicate a potential prize. If three of the shield images match, you will win the prize indicated on the three matching shields (an “Instant Win”). Winning dates and times during the Game Period of the various prizes are randomly predetermined under the supervision of Cohen Friedberg Associates (the “Administrator”). Plays are subject to the Prize Limits set forth in Rule 2 below. Each play will be deemed to have been submitted by the natural person assigned the email address used in his/her Facebook account by the entity responsible for assigning email addresses for the domain associated with such person’s email address. LIMIT: You may play one (1) time per eight hour period. Each time you play you earn one (1) entry into the random Grand Prize sweepstakes draw, as described in Rule 5 below. Any mass entries or entries generated by a script, macro or automated devices will be disqualified. You will only be contacted if you are selected as a winner of a prize offered in this Game.
2. PRIZES AND ODDS: Only the prizes listed below will be awarded in this Game. LIMIT: One (1) prize per person or household.
One hundred and twenty six (126) Instant Win prizes: $25 Modell’s Gift Card. Terms and conditions as written on the Gift Card apply. Odds of winning depend upon the number of participants playing the Game and the date and time of each play. Sponsor reserves the right to substitute prizes of equal or greater value but no other substitution or transfer of prizes is permitted. Taxes and fees, if any, are the responsibility solely of the winners.
One (1) Grand Prize: Trip for two (2) to the 2013 NHL® All-Star Game to be hosted in Columbus, Ohio. Prize includes the following:
· Roundtrip (coach class) air transportation for two (2)
· Three (3) nights (double occupancy) hotel accommodations
· Two (2) tickets to the 2013 NHL® All-Star Game
· Two (2) tickets to the 2013 NHL® All-Star Skills Competition
Approximate retail value $1,840.
- Prizes are provided by the Promotion Entities (as defined in Rule 4 below) on an “as is” basis, without any warranty, guaranty or representation of any kind, and the Promotion Entities disclaim any implied warranty. The prizes are non-transferable. Prizes may not be redeemed for cash or substituted in any manner by any prizewinner; provided, however, Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable.
- With respect to any prize that includes accommodations, flights, and sporting event tickets, the Sponsor will determine at its sole discretion days of travel, airline, hotel, and sporting event seat location. Prize winner and their travel companion, must travel on the same itinerary.
- To the extent that any prize includes airline transportation or other travel arrangements, air transportation shall be coach class roundtrip from the prize winner’s city of residence to the location of the prize, and all such travel arrangements will be made by a designated Sponsor representative whose decisions regarding the itinerary are final. Selection of airline and airport shall be at the discretion of the Sponsor or any other provider of any portion of the prize. Trip winner and travel companions must have valid travel documents (e.g., government issued I.D., passport (if needed), drivers license, etc.) prior to departure, and failure to obtain such documents may result in forfeiture of prize. Winner and his/her travel companion are solely responsible for satisfying all legally required conditions of travel. Sponsor is not liable for any expenses incurred as a consequence of travel delays, flight cancellation, or any weather or airline issues that prevent the prize winner and travel companion, if applicable, from traveling, in which event any missed portion of the prize is forfeited in its entirety and no substitution will be provided.
- Prize winner is responsible for any and all applicable fees, service charges, surcharges or passenger facility charges, all insurance, federal, state, and local taxes, if any, gratuities, meals, incidental charges and any other unspecified expenses associated with acceptance or use of the prize. Prize winner and travel companion are responsible for the full cost of transportation to and from the closest major airport and the prize winner’s place of residence. Sponsor is not responsible for the prize winner’s companion transportation to the prize winner’s place of residence.
3. INSTANT WIN PRIZE CLAIMS:
Follow the prize claim directions that appear after your winning game message. No more than the stated number of prizes will be awarded. In the unlikely event that the winning message for any prize level is distributed in numbers greater than the number stated in these Official Rules for such prize level, the number of winners stated in these Official Rules will be selected in a random drawing from among all verified prize claims received for that prize level. Any unclaimed prizes at the conclusion of the Game Period will not be awarded. Any Instant Win 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. 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 Game materials conform to the rules of the Game.
Open only to residents of the United States and the District of Columbia, 18 years of age or older with access to Facebook at the time of entry Employees, officers, and directors of Sponsor, Administrator, Sweepstakes prize suppliers, the National Hockey League and its member teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises, B.V., and NHL Interactive CyberEnterprises, LLC (together the NHL Entities), and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes agents (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor and will not be acknowledged or returned.
5. PRIZE DRAWING AND NOTIFICATION.
There will be a total of one (1) Grand Prize drawing. Drawing will be conducted on or about July 9, 2012 from among all eligible entries received. The drawing will be under the control of the Administrator, whose decisions will be final and legally binding in all matters related to this Game. Potential winning entrant must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential prize winner will be notified in person and/or by phone and/or by email or mail or express mail or online posting, whichever is deemed appropriate by the Administrator, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (5) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
Winner of the Grand Prize will be required to complete, sign, notarize and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release within 10 days of receipt of such documents from Sponsor. If such documents are not returned to Sponsor prior to such deadline, any prize won may be forfeited in Sponsor’s sole discretion, such potential winner shall be disqualified, and an alternate winner selected from the remaining eligible entries.
- 6. VERIFICATION OF WINNERS:
All winners are subject to verification of eligibility. Sponsor will make three (3) attempts to contact a winner by email. Any prize may be awarded to an alternate winner if a winner does not respond to an e-mail communication within five (5) business days after the date of the e-mail or if any letter, email or prize is returned as undeliverable. Each winner agrees to the use of his/her name, address, likeness and/or prize information for promotional purposes in any medium without additional notice or compensation to the extent permitted by law. All prize claims are the sole property of Sponsor and will not be returned.
7. NOTICE TO ONLINE ENTRANTS:
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 Game, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, 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. Sponsor is not responsible for problems downloading or uploading of any Game-related information to or from the Facebook Site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Facebook Site, or any other technical problems related to Facebook Site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest. Sponsor reserves the right to modify, suspend or terminate the electronic portion of the Game in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Game in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Game. If this is the case, the Grand Prize winner will be selected from among all entries received prior to cancellation. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the holder of the e-mail account. 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 Official 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 Official 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.
8. DISQUALIFICATION/FORCE MAJEURE: 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 Game 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 Game 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 Game 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 Game. If the Game 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.
- NO LIABILITY: The Promotion Entities and Facebook are not liable, and shall be held harmless, for any injuries, damages, losses, and expenses of any kind (including
reasonable legal fees and costs) for any claim resulting from the acceptance or use of any prize, travel related thereto, or otherwise from participation in the Game, including without limitation, the publicity or administration thereof.
10. WINNERS LIST:
For a copy of the Official Rules, send a self addressed stamped envelope to be received by 7/20/12 to “Modell’s 2012 Stanley Cup Playoffs Scratch & Match” Rules Request” PO Box 2001, Framingham, MA 01703-2001. For a list of the major prize winners, send a self addressed stamped envelope to be received by 7/20/12 to: “Modell’s 2012 Stanley Cup Playoffs Scratch & Match” Winners List”, ” PO Box 2001, Framingham, MA 01703-2001. VT residents may omit return postage on any request.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Game 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 Game, 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 Game 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.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.
NHL, the NHL Shield and the word mark and image of the Stanley Cup are registered trademarks and the NHL All-Star Game logo and NHL All-Star Skills Competition are trademarks of the National Hockey League. All Rights Reserved.