Pittsburgh Penguins & Power of Bowser Drive Away Survey OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. 1. HOW TO ENTER a. These rules govern the Pittsburgh Penguins & Power of Bowser Drive Away Car Giveaway (the Promotion ) being conducted by the Pittsburgh Penguins (collectively, the Team ) beginning on October 11, 2011 at 6am ET and ending on March 30, 2012 at 11:59pm ET (the Promotion Period ). b. To participate in the Promotion, you may enter via the following method: ONLINE: Log on to www.pittsburghpenguins.com/driveaway and follow the links and instructions to enter the Promotion. Complete the survey in its entirety, including fields for your first name and last name, complete mailing address, city, state, zip code, telephone number, date of birth and a valid email address in the online entry form. FOR ENTRY: Each entrant may receive no more than one (1) entry per day. Multiple participants are not permitted to share the same email address. All entries submitted become the sole property of the Team and will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Team. In the event of a dispute as to the identity of any entrant, the entrant will be deemed to be the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. c. All entries must be received by March 30, 2012 at 8 am EST. Team s computer is the official time keeping device for the Promotion. The Team is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. All entrants must agree to the Team s online submission release in order to submit his or her entry.
2. ELIGIBILITY RESTRICTIONS a. The Promotion is open to all persons who: 1) are 21 years of age or older; 2) legally reside in Pennsylvania, Ohio, West Virginia, or Maryland; and 3) have a current, valid driver s license issued in their name (or the name of the co-signer) by their state of residence. Employees of the Team, its licensee, the licensee s parent, subsidiary and affiliated entities, the Team s advertising and promotional agencies, its participating sponsors, the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. b. The winner must provide valid government-issued drivers license and must be able to be financed (can have a co-signer), must be gainfully employed, with approval through Subaru financial services (details will be provided by Dealer) provide their complete address, date of birth and phone number to claim a prize. The winner or his/her co-signer, if applicable, must pass a credit check required by Dealer. c. The winner must have proof of or be able to obtain Full Automobile Coverage insurance and any other state automobile insurance requirements as of April 1, 2012 and prior to taking possession of the vehicle lease prize. d. Entrants are required to provide truthful information and the Team will reject and delete any entry that it discovers to be false or fraudulent. The Team will disqualify any entry from individuals who do not meet the eligibility requirements. The Team will also delete any entry knowingly received from persons under the age of 13 in compliance with the Children s Online Privacy Protection Act. 3. WINNER SELECTION AND NOTIFICATION a. The Promotion is subject to all federal, state, and local laws, rules, and regulations, as well as all laws, rules, and regulations of the National Hockey League. Void where prohibited. Decisions of the Team with respect to the Promotion are final. b. On March 30, 2012 at approximately 8:00am, ET, Ten (10) semi-finalists will be randomly selected from among all eligible entries received at the location specified in the Instructions (the Semi-Finalists ). Semi-Finalists will be contacted by the Team, asked to sign and return an affidavit of eligibility/release of liability form ( Affidavit ), and will be invited to the grand prize event (the Event ) on April 7, 2012 from 3:00pm to 7:30pm
ET at CONSOL Energy Center, 1001 Fifth Avenue, Pittsburgh, PA 15219. If a potential Semi-Finalist cannot be contacted, fails to sign and return the Affidavit within the required time period, or is disqualified for any other reason, the potential semi-finalist forfeits his/her right to be a semi-finalist, and all prizes and rights that go with it. Time permitting, alternate semifinalists will be selected and invited to the Event in compliance with these Official Rules. c. All Semi-Finalists must be present at the Event and check in with the Team no later than 3:30pm on April 7th. No proxies or stand in will be permitted. Upon checking in with Team staff, each Semi-Finalist will receive a box that contains a key. Each key will have a color label. The Team will randomly select and announce five color labels. Each Semi- Finalist holding a key that matches a color randomly selected and announced by the Team will be named a finalist (the Finalists ). d. At the conclusion of the hockey game, the five Finalists will be escorted onto the ice at CONSOL Energy Center. In an order randomly selected by the Team each Finalist will try his/her key to activate the keyless entry of the Grand Prize. The Finalist whose key activates the vehicles entry will be named the grand prize winner. Once the vehicle has been started the Promotion will be discontinued immediately and no other Finalists will have an opportunity to start the vehicle. e. Odds of being selected as a Semi-Finalist are dependent upon the number of eligible entries received. Odds of a Semi-Finalist being selected as a Finalist are 1 in 10. Odds of a Finalist winning the Grand Prize are 1 in 5. f. The Grand Prize winner will be required to execute several documents by the prize provider, and may be required to execute additional documents by the Team. Failure to do so within the time allotted will result in forfeiture of the Grand Prize. 4. PRIZES a. One (1) grand prize: a prize package that includes a three (3) year lease on a 2012 Subaru Outback 2.5i Premium. Team to make the decision regarding color, model, and options in its sole discretion. The lease includes 12,000 miles per year and a cap of 36,000 miles allowed during the life of the lease. Winner is responsible for: (i) any fees related to excess mileage, wear and tear/damage to the car (or any part thereof); (ii) disposition fees (if any); (iii) all applicable vehicle title, license and registration fees; (iv) freight, delivery, dealer prep, destination, emissions inspection, or any similar fees or charges; (v) any additional equipment, add-on s, or options that are not part of this prize package; (vi), all federal,
state and local taxes; (vii) insurance; (viii) any costs involved with operating the vehicle, including but not limited to gasoline and vehicle maintenance; and (ix) all other fees and expenses not specified herein associated with the receipt and use of the Prize. The Team accepts no responsibility for the prize winner s use or misuse of the car in any way, or any damage that may be caused by or to the car as a result of the prize winner accepting and using the prize. Any additional options (including the interior and exterior color) not specified herein are subject to availability and any payment associated with such option(s) will be the responsibility of the winner. Prize Winner must pass a credit check and provide proof of full coverage insurance and a valid driver s license to take delivery of the vehicle. Vehicle delivery must be accepted at the Power of Bowser Subaru dealership located in Pleasant Hills, PA 30 days after April 7, 2012. IF THE WINNER OR THE WINNER S CO-SIGNER DOES NOT PASS THE CREDIT CHECK, OR CANNOT PROVIDE ADEQUATE PROOF OF INSURANCE, THEN THE WINNER MUST FORFEIT THE ENTIRE PRIZE. THE TEAM RESERVES THE RIGHT, IN THIS INSTANCE, TO SELECT AN ALTERNATE GRAND PRIZE WINNER BY ANY MEANS IT DEEMS PROPER. The prize vehicle is provided as is. Neither Team nor Dealer has made or is responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize vehicle, including without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer s warranty that may apply to the vehicle. Approximate Manufacturer Retail Value of the Grand Prize: $29,043. b. Ten (10) Semi-Finalist prizes: two (2) tickets each to the Pittsburgh Penguins vs. Philadelphia Flyers hockey game at CONSOL Energy Center on April 7, 2012 at 4:00pm ET. Tickets may not be resold, assigned, or transferred without the permission of the Team. No refund or exchange will be given if the winners cannot attend this game for any reason. Approximate Retail Value of the Semi-Finalist Prize: $270.00. c. There is no prize associated with being named a Finalist other than the opportunity to win the Grand Prize. d. There is no substitution, transfer or cash equivalent for prizes, except that the Team may, at its sole discretion, may substitute prizes or cash of comparable value. The prizes are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Other restrictions may apply. 5. CONDITIONS
a. Payments of all federal, state and local taxes are solely the responsibility of the winners. The Grand Prize winner will be required to complete and submit an IRS Form W-9 with the Grand Prize winner s full Social Security Number or the equivalent. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. The Grand Prize will be reported to the IRS. b. Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration. c. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. 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 Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. d. By receipt of any prize, winner agrees to release and hold harmless, the Team, Bowser Subaru, the National Hockey League, and each of their related companies, each of their respective officers, directors, members, employees, and agents, ( Released Parties ) from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use of any prize. e. Limitations of Liability: Released Parties are not responsible for and entrants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be
caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant s sole remedy is another Promotion entry. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. f. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Pennsylvania or the appropriate Pennsylvania Commonwealth Court located in Allegheny County, Pennsylvania; (ii) 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 (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. g. By participating in the Promotion, the winner agrees to have the winner s name, voice and likeness used in any advertising or broadcasting material relating to the Promotion without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize. h. The Team reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Team, any competition or
prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Team reserves the right, but not the obligation, to cancel or modify the Promotion and shall not be required to award a substitute prize. i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by March 30, 2012 to Pittsburgh Penguins & Power of Bowser Drive Away Car Giveaway Official Rules, Attn: Promotions Pittsburgh Penguins, 1001 Fifth Avenue, Pittsburgh, PA 15219. For the names of the prize winners send a self-addressed stamped envelope for receipt by November 30, 2012 to the above address marked Pittsburgh Penguins & Power of Bowser Drive Away Car Giveaway Winner List. The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Team and shall be posted online at www.pittsburghpenguins.com. 6. PRIVACY By use of the Team s website or by entering the Promotion through the Team s website, you agree to the website s Terms of Use Agreement located at www.pittsburghpenguins.com and to the use of your personal information as described in the Privacy Policy located at www.pittsburghpenguins.com.