Goal Song Submission Contest and Sweepstakes Promotion Posting The following Promotion Posting, together with the Rules starting on page three (3) (the Rules ) are the Official Rules for the Goal Song Submission Contest and Sweepstakes (collectively the Contest ). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED. Contest: The Contest is to determine a new goal song to be played at New Jersey Devils games, to be either a fan written original unpublished song ( Original Song ) or published song ( Published Song ) recorded by a popular performing artist (example: Wrecking Ball by Miley Cyrus). Contest Period: The Contest period will begin on October 14, 2013 at 7:00 PM, and end on November 1, 2013 at 12:00 P.M. ( Contest Period ). Eligibility: The Competition is open to legal residents of the United States who are at least eighteen (18) years of age at time of entry. For further eligibility requirements entrants must consult the Rules. Entry into the Contest is limited to one entry per entrant during the Original Song Finalist and Published Song Entry Period and one entry during the Final Entry Period. Any entry received in excess of such limitation will be deemed void. How to Enter: Original Song Entry: To enter an Original Song, a fan must complete and submit the Original Song Entry Form located at http://www.newjerseydevils.com, and submit a YouTube link of the performance by the fan of an Original Song written by the fan (music and lyrics) during the period of Monday October 14, 2013 at 7:00 P.M. to October 16, 2013 at 12:00 P.M. ( Original Song Entry Period ) All Original Song entries must be original, unpublished and created by the individual entering such entry, and must not contain any appearance by third party or use of third party material unless permission to use for such appearance and material(s) has been granted by such third party and all necessary consents and permissions directly or indirectly related to the entry and its use have been obtained. All Original Song entries must be posted on YouTube using a valid YouTube account. After the conclusion of the Original Song Entry Period, a panel of judges selected by Devils Arena Entertainment LLC ( Devils ) will select, at their discretion, up to 20 finalists ( Original Song Finalists ) which will be posted at http://www.newjerseydevils.com. In order to determine the Original Song Finalists, judges selected by Devils, will subjectively judge each Original Song entry from the Original Song Entry Period based upon independent criteria. Fans may register their vote for an Original Song to be the new Devils goal song by completing and submitting the Entry Form located at http://www.newjerseydevils.com on or before Monday October 27, 2013 at 12:00 P.M. Published Song Entry: To enter a Published Song, fan must complete and submit the Published Song Entry Form located at http://www.newjerseydevils.com and register their vote for a Published Song to become the new Devils goal song during the period of Monday October 14, 2013 at 7:00 P.M. to Monday October 27, 2013 at 12:00 P.M. ( Published Song Entry Period ). After the conclusion of the Original Song Finalist Period and the Published Song Entry Period, the Devils panel of judges will select, at their discretion subjectively based upon independent criteria, three song finalists from among the Original Songs and Published Songs that received the most registered votes. The Devils will post the finalists at http://www.newjerseydevils.com on Tuesday October 28, 2013.
Final Entry Period: During the period of Tuesday October 28, 2013 at 12:00 P.M. to Friday November 1, 2013 at 12:00 P.M. ( Final Entry Period ) fans may complete and submit the Final Entry Form located at http://www.newjerseydevils.com and register their vote for one of the three final songs to become the new Devils goal song. Winners and Prizes: Club Seats: At the conclusion of the Published Song Entry Period and Original Song Entry Period (12:00 P.M. on October 27, 2013) ten (10) Contest entrants will be selected by random drawing to each win two (2) Club Seats to the November 2, 2013 New Jersey Devils home game at the Prudential Center, and have the opportunity to take a photograph on the Prudential Center ice after the game. Winners will be notified by phone and/or email. Odds of winning are dependent upon the number of eligible entries received. Approximate retail value of Club Seat package prizes awarded: $500.00 ($250.00 per ticket). Goal Song: After the conclusion of the Contest Period (12:00 P.M. on November 1, 2013) the Devils will announce the winning song receiving the most votes during the Final Entry Period from among the three final songs. The winning song will be played as the New Jersey Devils Goal Celebration Song at Devils games during the remaining New Jersey Devils 2013-2014 season. The nature of this prize is such that it is not capable of having a retail value applied. Only one Club Seats Prize per person, household, email address, or username will be allowed per Contest.
OFFICIAL RULES FOR SWEEPSTAKES AND CONTEST The following Contest rules ( Rules ) and the Promotion Posting collectively comprise the official Contest rules ( Official Rules ). The Contest is promoted by Devils Arena Entertainment LLC and New Jersey Devils LLC ( DEVILS ). In the event of any conflict between these Rules and the Promotion Posting, the Promotion Posting shall apply. DEVILS may terminate, extend, suspend or alter the Contest in its sole discretion, and these Rules may be updated as deemed necessary by DEVILS in its sole discretion. 1. ELIGIBILITY The Contest is open to legal residents of the United States who are at least eighteen (18) years of age at time of entry. The following are ineligible to enter the Contest: Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for DEVILS, the National Hockey League, Prudential Center, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of any such individuals. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year. Entrants must consult the Promotion Posting for additional restrictions. 2. ENTRIES Entry into the Contest must be made via the method specified in the Promotion Posting. Any attempt by a person to use multiple email accounts to enter in excess of such limitation during the Contest will be void. All entries must be received within the time period stated in the Promotion Posting to be eligible to win a prize. Late and/or subsequent entries will be disqualified. By entering the Contest, entrants accept and agree to the Official Rules including all eligibility requirements. All entries become the property of DEVILS. Neither DEVILS, the National Hockey League, the Prudential Center, and their respective affiliates, employees, officers, directors and/or members of each assume any responsibility for late, lost, illegible, misdirected or undelivered entries. Entries will not be returned. DEVILS reserve the right to edit and/or alter any submission and use it for any Contest purpose and/or reject any entry for any reason in its sole discretion. Entries will be deemed made by the authorized account holder of the email submitted at time of entry. In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the email address and/or YouTube account submitted at time of entry. The authorized account holder is defined as the natural person who is eligible to participate in the Contest and who is assigned an email address or YouTube account by an Internet access provider, YouTube, online service provider or other organization that is responsible for assigning email addresses and/or YouTube accounts or the domain associated with the submitted email address, and who is the sole owner of the account pursuant to which the entry is made. A potential winner must provide DEVILS with satisfactory proof that he/she is the authorized account holder of the email address and/or YouTube account associated with the potential winning entry. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. All entries must include all of the information requested by DEVILS to be eligible. 3. PRIZES The number and approximate retail value of the prize or prizes awarded in the Contest ( Prize ) is set forth in the Promotion Posting.
No substitutions, cash equivalents, or transfer of any Prize are permitted except at the sole discretion of DEVILS who reserves the right to substitute any Prize (or portion thereof) with one of equal or greater value. Prizes include only what is specified in the Prize description. DEVILS makes no representation or warranty that any Prize can be sold, bartered, or traded for or at stated values. Values are subject to market conditions, which can fluctuate. Prizes will be provided at a date, time and location determined in the sole discretion of DEVILS. Prizes are awarded subject to applicable legal restrictions, if any, and AS IS, WHERE IS without any warranty or guaranty (express or implied), except that which may be provided by the producer or supplier of the Prize. Specifics of all Prizes are in DEVILS sole discretion. The Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions. The winners must be at least eighteen (18) years of age, but if the winners are still considered a minor in his/her state or place of residence, a Prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on the winner as set forth in the Official Rules. A winner must not be under any legal or physical impediment that would prevent the winner from accepting the Prize, such as events, travel, accommodations or other services, and must be able to accept the Prize on date or dates specified by DEVILS. Otherwise, the Prize will be forfeited and DEVILS may select an alternate winner, at its discretion, in a manner comparable to the selection of the original winner. Any and all costs and expenses associated with the Prize acceptance and use are the sole responsibility of the winner, including, without limitation, all federal, state, local and provincial taxes, transportation and meals, lodging, gratuities, and souvenirs, and all registration, license, permit fees and similar surcharges, and all other expenses of any nature incurred by the Sweepstakes portion winners in claiming any Prize. Prize winners (and permitted guests of winner) are responsible for obtaining travel arrangements at their own expense to and from all activities and events that are components of the Prize and hereby acknowledge that DEVILS has not and will not obtain or provide travel insurance or any other form of insurance for any travel associated with any Prize. Prize winners and guest must comply with all venue, stadium, and event rules and regulations. Failure to do so may result in forfeiture of such portion(s) of Prize. If a Prize involves attendance at any event held at the Prudential Center, DEVILS reserves the right to remove or deny entry to any winner and any of his/her guests who engage in a nonsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the event. If any portion of the Prize or any other activity or event is unable to take place as planned for any reason, including but not limited to, cancellation, scheduling conflicts, lockout, labor dispute, strike, or inclement weather, the remaining components of the Prize will be awarded and DEVILS obligation to the winner will be fulfilled, and no other additional compensation or substitution will be provided. 4. WINNER SELECTION By submitting a YouTube video in the contest, the entrant warrants and represents that he/she and any persons appearing in or who are identifiable in the YouTube video consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein. Any YouTube video entries may not contain, as determined by DEVILS in its sole discretion, any content that: is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted entries; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television,
movies or other media), without permission; contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission (DEVILS reserves the right to request proof of these permissions in a form acceptable to DEVILS from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void); contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will with which DEVILS wishes to associate; and/or violates any law. DEVILS reserves the right not to award Prizes in any Contest if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for the Contest. 5. WINNER NOTIFICATION; REQUIRED DOCUMENTS Winners will be notified within the timeframe provided in the Promotion Posting following the conclusion of the Contest by the method described in the Promotion Posting. DEVILS shall use such effort as, in its sole discretion, it deems reasonable to notify winners of the award of a Prize. In order to receive a Prize, winners will be required to furnish proof of Contest eligibility and identity including, but not limited to, U.S. social security number where applicable. Winners must immediately claim the Prize and return to DEVILS any documentation required by DEVILS, including a Confirmation, Release and Indemnity in the form(s) provided by DEVILS, within twenty four (24) hours of notification. Otherwise, the prize may be forfeited. If a Prize award notification is not effective or a winner fails to claim the Prize or return the required documents, DEVILS reserves the right to select an alternate winner utilizing the same selection method from the remaining eligible entrants for the applicable Contest. DEVILS decisions concerning selection of winners, as well as all other matters relating to the Contest, are final and binding. 6. PRIVACY Personal information collected by DEVILS will be used for administration of the Contest. Entrants may also be contacted immediately or in the future by DEVILS with respect to available ticket offers and other promotional opportunities. In addition, entrants may receive commercial advertising email correspondence from, or on behalf of, DEVILS, and/or Prudential Center subject to their respective Privacy Policies, as applicable. DEVILS use reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in such email correspondence. Any questions regarding privacy matters of DEVILS or the Prudential Center should be directed to DEVILS at the address set out below. Please refer to the New Jersey Devils Privacy Policy located at: http://devils.nhl.com, and the Prudential Center Privacy Policy located at http://prucenter.com for important information regarding the collection, use and disclosure of personal information. 7. PUBLICITY To the extent permitted by law, each entrant agrees that entry in the Contest constitutes permission, in perpetuity, that DEVILS, the National Hockey League, and each of their respective affiliates, employees, officers, directors and/or members may use worldwide the entrant s identity, name, image, likeness and biographical information, as well as any materials submitted by the entrant, and any audio, video, photo or other recording, in any media, now or hereafter developed of entrant s participation in the Contest, for any purpose, including, but not limited to, publicity, promotional and advertising purposes related to such parties without any additional consideration or any compensation of any kind. 8. RELEASE As a condition of entering the Contest, entrant agrees that: (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with the Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney s fees. 9. LICENSE
Any contest entrant who submits an Original Song which results in such entry being selected as the Contest winner will grants to DEVILS a non-exclusive, royalty-free license in perpetuity to utilize such Original Song in any way including performing, broadcasting, modifying or rerecording or preparing derivative works therefrom which will provide that: (1) the DEVILS are under no obligation to utilize the Original Song in the manner in which it is submitted, but can utilize such Original Song in any manner it may solely determine without permission or the payment of any consideration to the Winner; (2) the DEVILS in its sole discretion can at any time, decide for any reason not to utilize the Original Song for any purpose; and (3) the Winner will certify that: (a) the Original Song is an original, unpublished, creation of the individual, which does not contain any third-party material, unless legal permission to use such material(s), to the satisfaction of the DEVILS has been granted and provided to the DEVILS by such third party, such that all necessary consents and permissions, directly or indirectly related to the Original Song and the right and license granted to the DEVILS by the Winner have been obtained; (b) neither the Original Song nor its use infringes or violates any third party s copyrighted material, trademark, or other legal or intellectual property rights; and (c) to the extent any third party alleges that the DEVILS use of the Original Song infringes or violates any third party s copyrighted material, trademark or other legal or intellectual property rights, the entrant will indemnify and hold harmless the DEVILS against any and all claims of infringement or violation of such third party s copyrighted material, or other legal or intellectual property rights including to indemnify the DEVILS with respect to any damages and/or attorney fees awarded against the DEVILS based upon such use. 10. LIABILITY EACH ENTRANT: (1) ACKNOWLEDGES ACCEPTANCE OF THE OFFICIAL RULES AND AGREES TO ADHERE TO AND BE BOUND BY THEM; (2) ASSUMES ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ANY PERSONAL BODILY INJURY OR DEATH OR ANY DAMAGE OR LOSS OF PROPERTY, INCLUDING ANY BODILY INJURY OR DEATH TO ANOTHER PERSON, DIRECTLY OR INDIRECTLY ARISING FROM PARTICIPATION IN THE CONTEST; AND (3) AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS DEVILS, CONTEST SPONSOR, AND EACH OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS AND/OR MEMBERS ( RELEASED PARTIES ), THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, LOSSES AND DAMAGES TO PROPERTY OR PERSON, INCLUDING DEATH, INCURRED OR CAUSED BY ENTRANT OR ENTRANT S REPRESENTATIVES, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, ARISING FROM OR IN CONNECTION WITH OR RELATED TO THE OPERATION OF, OR PARTICIPATION IN, THE CONTEST. 11. GENERAL The Contest is conducted in the English language and DEVILS shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Contest. The application and interpretation of the Contest Official Rules, the award of prizes, and selection of winners shall be determined by the representatives of DEVILS and may be changed or modified by such representatives at any time for any reason, and all decisions in that regard shall be in the sole discretion of such representatives and shall be final and conclusive. Entrants agree that in the event a legal authority or insurer challenges the award of any Contest prize, DEVILS shall have the sole right to determine whether or not to award such prize. The Contest, the Official Rules and any prize awarded are subject to applicable laws, including the laws of the State of New Jersey, and shall be void where prohibited thereunder. DEVILS is not responsible for any inability to conduct the Contest or award any Prize as a result of any act of God, labor stoppage strike, or lock out, or other reason beyond the control of DEVILS. DEVILS reserves the right, in its sole discretion, to disqualify any entrant for suspected or actual cheating and to prevent any person from participating in the Contest or in any Prize award if that person does not adhere to the Official Rules or acts: (a) in a manner that DEVILS determines to be not fair; (b) with an intent to annoy, threaten or harass any other person or the RELEASED PARTIES; or (c) in any other disruptive manner. 12. INTERNET AND SOCIAL MEDIA
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of DEVILS which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, DEVILS reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of this termination date. DEVILS assumes no responsibility for (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, (ii) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to entrant s or any other person's computer relating to or resulting from participation in this Contest or downloading or uploading any materials in connection with this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ONLINE MEDIA OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS OR THE ONLINE MEDIA RULES AND REGULATIONS AND, SHOULD SUCH AN ATTEMPT BE MADE, DEVILS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. 13. CHOICE OF LAW AND JURISDICTION Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, DEVILS, and administrator in connection with this Contest shall be governed by, and construed in accordance with, the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of New Jersey or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of New Jersey. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the state of New Jersey. 14. INQUIRIES & WINNERS Address all inquiries regarding any Sweepstakes and Contest to: SWEEPSTAKES & CONTESTS Devils Arena Entertainment LLC 165 Mulberry Street Newark, NJ 07102 The identity of the winners may be obtained by sending a request to the address above within thirty (30) days of the end of the Contest and by including a self-addressed postage paid (US postage only) envelope.