BAUER #WomensMovementNeverStops SWEEPSTAKES OFFICIAL RULES

Transcription

1 BAUER #WomensMovementNeverStops SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN CANADA (EXCLUDING QUEBEC) AND THE UNITED STATES (EXCLUDING FLORIDA, NEW YORK AND RHODE ISLAND) ONLY AND WILL BE GOVERNED BY U.S. LAW. 1. PROMOTION PERIOD: The BAUER #WomensMovementNeverStops Sweepstakes ( Promotion ) begins October 20, 2017 at 11:00:00 a.m. Eastern Daylight Time ( EDT ) and ends November 16, 2017 at 11:59:59 p.m. EDT (the Promotion Period ), or whenever the specified number of winners has been reached. 2. ELIGIBILITY: Open to legal residents of Canada (excluding Quebec) and the fifty (50) United States and District of Columbia (excluding Florida, New York and Rhode Island), who are age 13 or older as of the date of entry. The following individuals are not eligible to participate: (i) employees of Bauer Hockey, Inc. or any of its subsidiaries or affiliate companies, or its advertising, marketing, promotional and fulfillment agencies, (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Promotion is subject to all federal, state, provincial and local laws and regulations and is void in Florida, New York and Rhode Island, and outside of the United States, and where prohibited by law. Family members and persons living in the same household (whether or not related) as the Released Parties (as defined in Section 7) are also ineligible to participate in the Promotion. 3. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 4. TO ENTER: a. To enter, you must have or create a non-private Instagram account and you must be a follower on Instagram. If you are not an existing member of Instagram, you will be required to follow the directions and join Instagram. When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Service at and Privacy Policy available at If you are not currently a follower of the Bauer Hockey Instagram account, go to the Bauer Hockey Instagram page ( and click on the follow button on the top right corner of the main Bauer Hockey Instagram page. b. To enter, users must share Instagram post from 11:00:00 a.m. EDT on October 20, 2017, being sure to include the hashtag, #WomensMovementNeverStops. c. Limit of one (1) Entry per person, per Instagram account and per address. All Entries must be posted during the Promotion Period. Eligible persons may only use one (1) Instagram account to participate in the Promotion. Multiple entries will not be acknowledged. Sponsor may disqualify

2 any person whom Sponsor, in its sole opinion, believes has violated these Official Rules. In the event of a dispute regarding the identity of an entrant and/or a winner based upon an Instagram account, an Entry will be deemed submitted by the authorized account holder of the Instagram account from which the post is made, but only if that person meets all other eligible criteria, as determined in the sole discretion of Sponsor. The authorized account holder is the natural person assigned the Instagram account. Persons found entering with multiple Instagram accounts will be disqualified. d. Proof of transmission (e.g. screenshots or captures, etc.) does not constitute proof of delivery to and receipt by Sponsor. Entries generated and/or transmitted (or, in Sponsor s sole opinion, suspected of being generated or transmitted) by script, macro, robotic, programmed, or any other automated means are prohibited andwill be disqualified. Sponsor will not be responsible for late, lost, illegible, falsified, damaged, altered, misdirected, mutilated, garbled or incomplete Entries, which, at the sole discretion of Sponsor, may be voided by Sponsor. 5. SELECTION OF POTENTIAL WINNERS: A drawing will be conducted from all eligible Entries received during Promotion Period to determine the winners. Drawing will be held once the defined number of eligible winners has been reached. The odds of winning depend on the total number of eligible Entries received. 6. WINNER NOTIFICATION AND CLAIMING A PRIZE: If your Entry is selected, a Direct Message will be sent to the Instagram account used to enter OR an will be sent to the account provided. You will be required to provide your address (or, if a minor, your parent/legal guardian s address) as part of the winner validation and prize claim process. Winners located in Canada will be required to correctly answer a mathematical skill-testing question without any assistance in order to be declared a winner. The potential winner (or, if a minor, your parent/legal guardian) may be required to complete, sign and return, within seven (7) days of the date of notification, an Affidavit/Declaration of Eligibility, Liability Release and Publicity Release (where lawful) as a condition of being awarded the prize. Upon Sponsor s receipt of these completed documents, potential winner is validated for eligibility. Once potential winner verification is completed and approved, the prize will be mailed to the winner at the address provided. The prize may be forfeited, and the prize will be awarded to another entrant who is randomly selected if (i) any of the required documentation is not returned timely, (ii) any prize notification or any prize is returned as undeliverable, (iii) Sponsor is unable to contact a potential winner within five (5) days of the first attempt to contact him or her, (iv) a potential winner fails to provide his or her contact information, (v) a potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (vi) a potential winner declines the prize, (vii) a potential winner fails to correctly answer a mathematical skill-testing question, or (viii) a potential winner is otherwise not in compliance with these Official Rules. If a potential winner is a minor in his/her province of residence, prize may be awarded to the minor's parent/legal guardian who must sign and return all required documentation. Sponsor is not responsible for any change of address, mailing address and/or telephone number of entrants. 7. PRIZES AND APPROXIMATE RETAIL VALUE ( ARV ): (1) Prize will be awarded at the end of the Promotion Period. Prize consists of a trip for the Winner and (1) guest to travel to Edmonton to attend the USA vs. Canada women s game on December 17, Prize includes (2) tickets to the game, airfare (if necessary), and hotel accommodations for Winner and guest. If Winner is a minor, the guest must be his/her parent or legal guardian. Prize is non-transferable and nonrefundable and must be accepted as awarded. All applicable taxes (including federal, state, and local income taxes), duties, and the like, if any are the sole responsibility of the prize winner. No cash substitution, assignment, redemption for cash, or transfer of prize by winner is permitted;

3 however, Sponsor reserves the right, in its sole and absolute discretion, to substitute any prize described herein, or any portion thereof, with an alternative prize of equal or greater value. The ARV for this prize depends upon location of Winner to determine airfare. 8. PROMOTION OPERATION: Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend this Promotion at any time, if it cannot be completed as planned for any reason or if fraud, technical failures, including any network server or hardware failure, viruses, bugs, unauthorized intervention, technical failures, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In such event, Sponsor will award the prize from among all eligible, non-suspect Entries received prior to cancellation. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or Sponsor s website; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or any person whom Sponsor suspects has engaged in the foregoing. In the event of any conflict between the terms in these Official Rules and any Promotion details contained in other materials (including but not limited to point of sale, internet, television and print advertising, promotional packaging, and other promotion media), the terms set forth in these Official Rules shall prevail. 9. RELEASE & LIMITATION OF LIABILITY: As a condition of entering the Promotion, each entrant agrees, and as a condition of being awarded a prize, each winner agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and its subsidiaries or affiliate companies, its advertising, marketing, promotional and fulfillment agencies and each such company s respective officers, employees, directors, representatives and agents and all others associated with the development and execution of this Promotion and Instagram (individually and collectively, the Released Parties ), from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property arising from or relating to, in whole or in part: (i) the Promotion; (ii) submitting an Entry or otherwise participating in any aspect of the Promotion; (iii) the receipt, ownership, possession, use or misuse of any prize awarded; (iv) any actual or alleged breach by entrant of these Official Rules; or (v) any typographical or other error in these Official Rules or the announcement or offering of the prizes. Except where prohibited by law, winners grant (and agree to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. 10. LIMITATION OF LIABILITY. The Released Parties are not responsible for: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; (b) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware, software or technical malfunctions, failures or difficulties; (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or any other Promotion-related materials; (d) errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to,

4 errors which may occur in connection with the administration of the Promotion, the processing of Entries, the announcement or notification of any winner or prize or the cancellation of the Promotion; (e) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion; (f) incomplete, illegible, misdirected, damaged or lost Entries; (g) failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion; (h) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion. By entering the Promotion, you waive the right to claim any punitive, consequential, incidental, special, exemplary, or indirect damages of any kind and any and all rights to have damages multiplied or otherwise increased. 11. DISPUTE RESOLUTION. As a condition of entering the Promotion, except as prohibited by law, you agree that: (1) all 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 (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Hampshire without giving effect to any choice of law or conflict of law rules (whether of the State of New Hampshire or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hampshire. By participating in this Promotion, you consent to the State of New Hampshire as the venue for settling any dispute. 12. DISCLOSURES: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY S FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY PARTICIPANT S ACCESS TO AND USE OF THE PROMOTION WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS PROMOTION WEBSITE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 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. In particular, Sponsors employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.

5 13. PRIVACY POLICY: To see how Sponsor may use personal information obtained in connection with this Promotion, see Sponsor s Privacy Policy at If you are selected as a winner, your information may also be included in a publicly available winners list. 14. WINNERS LIST: For a list of winners, mail a self-addressed, stamped envelope to: BAUER HOCKEY, INC. 100 Domain Drive, Exeter, NH Requests must be received by October 30, Vermont and Canadian residents can omit return postage. 15. SPONSOR: BAUER HOCKEY, INC. 100 Domain Drive, Exeter, NH This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to Sponsor and not to Instagram. Instagram is a registered trademark of Instagram Bauer Hockey, Inc. All rights reserved.