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Share your best captions for the #UltimateFanFriday images on Instagram for a chance to score great prizes including an OWL oversized laptop mat, water bottle, hats, backpacks, trading card packs, and more! There will be 3 Instagram posts on @UpperDeckESports that fans can provide their best caption for. The top 3 captions for each post will be announced on Monday, September 28th.
DON’T FORGET TO FOLLOW @UPPERDECKESPORTS
Read the official contest rules:
2020 UPPER DECK CAPTION CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. WINNERS WILL BE REQUIRED TO RESPOND TO THE WINNER NOTIFICATION AND/OR COMPLETE AND EXECUTE THE ENTRANT RELEASE AND ANY OTHER LEGAL DOCUMENTS WITHIN THE TIMEFRAME REQUIRED BY SPONSOR OR PRIZES MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION). ANY TERMS DEFINED IN THE RELEASE SHALL BE THE SAME AS THOSE DEFINED IN THE RULES. BY ENTERING THIS CONTEST DEFINED BELOW, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING THIS CONTEST. THIS CONTEST EXPRESSLY EXCLUDES QUEBEC, RHODE ISLAND AND PUERTO RICO. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
2020 Upper Deck #UltimateFanFriday Caption Contest (“Contest”).
This Contest is sponsored by The Upper Deck Company located at 5830 El Camino Real, Carlsbad, California 92008 (“UDC” or “Sponsor”).
September 25, 2020 at 10:00 am Pacific Standard Time (“PST”) to September 25, 2020 at 11:59 pm PST (“Contest Period”). For more information please see the Contest details located at www.upperdeckbog.com (the “Website”).
The Contest is open and offered only to natural persons Entrants who are legal residents of (a) the fifty (50) United States of America (“USA”), including Washington D.C., but excluding Rhode Island and Puerto Rico who are at least eighteen (18) years old or the age required in the state in which he or she resides at the time of Entry in the USA, and/or (b) the provinces and territories of Canada, excluding Quebec, who have reached the age of majority in their jurisdiction of residence. Officers, directors, employees, representatives and agents of UDC, its affiliates, UDC’s third-party licensors including, without limitation, Blizzard, The Overwatch League, National Hockey League Players’ Association, EON, NHL Enterprises, L.P. and its related entities, the NHL Teams, National Hockey League Alumni Association, American Hockey League, Professional Hockey Players’ Association, Canadian Hockey League, Hockey Canada, National Basketball Association, National Basketball Players’ Association, Think450, Canadian Football League, Canadian Football League Players’ Association, University Of North Carolina, Hockey Hall of Fame, 20th Century Fox, Marvel, Disney, Pressman, Miramax, and any other third party licensor of Sponsor (collectively “Licensors”), authorized third party distributors and retailers, and their respective immediate families (i.e., parent, child, sibling or spouse) and/or household members (whether related or not) and any other persons or entities associated with this Contest are ineligible to enter or win. Void where prohibited by law.
By participating in this Contest, Entrants agree to abide by and be bound by these 2020 Upper Deck Caption Contest Official Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a prize is contingent upon timely fulfilling all requirements set forth herein.
The nine (5) Winners will each receive a fifty dollar (U.S.D.$50) prize package (each “Prize”) which consists of: (a) a desk mat, (b) a shirt, (c) five (5) trading card packs, (d) a binder. The total approximate retail value of the Prizes is two hundred and fifty dollars (U.S.D.$250). Sponsor will not replace any lost, damaged, stolen, or undeliverable Prize, or any Prize that does not reach the Prize Recipients because of an incorrect or modified address or other contact information. If the Prize Recipient does not accept the entire Prize, the Prize will be forfeited and Sponsor will have no further obligation with respect to the Prize or the Prize Recipient. Sponsor is not responsible for any inability of any Prize Recipient to accept or use any Prize (or portion thereof) for any reason. No Prize substitutions or other consideration will be provided to the Prize Recipient, except in Sponsor’s sole discretion. Sponsor reserves the right and sole discretion to substitute the Prize or any portion thereof of for comparable value of the Prize for any reason, including, without limitation, Prize unavailability. No more than the stated Prize will be awarded. Any international, federal, state, provincial and local taxes, as well as any expenses costs, travel fees or any other fees not specifically listed in these Rules as being provided as part of the Prize are the sole responsibility of the Prize Recipient. In the event the Contest is canceled or rescheduled for any reason, Sponsor reserves the right and sole discretion to provide alternative consideration to the Winner or Finalists.
By accepting the Prize, each Prize Recipient agrees to release and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, or causes of action arising out of participation in the Contest, the Caption, the Website, Instagram Account, Entry, or receipt or use of the Prizes. Prize Recipients are solely responsible for all matters relating to or arising from a Prize after it is awarded. If (a) a Prize or Prize notification is returned as unclaimed or undeliverable to a Prize Recipient, and such Prize Recipient cannot be reached via email three (3) business days from the first notification attempt; (b) a Prize Recipient fails to return requisite document(s) provided by UDC following notification of the Prize and within the specified time period; (c) if a Prize Recipient does not fully comply with these Rules, then such person shall be disqualified and, in Sponsor’s sole discretion, an alternate Prize Recipient may be selected; or (d) if a Canadian resident fails the required skill test. For Canadian residents only, in order to be declared a Prize Recipient, the Prize Recipient must first correctly answer a mathematical skill-testing question which will be individually emailed to the Prize Recipient. If the Prize Recipient fails to correctly answer the question, he/she will be disqualified and another Prize Recipient will be with the second highest number of votes will be selected. Sponsor reserves the right, in Sponsor’s sole discretion, to administer an alternate skill test as it deems appropriate or necessary. By accepting a Prize, each Finalist acknowledges and agrees UDC is not responsible to pay for any travel, incidental, or other expenses associated with the Prize or this Contest. Further, by accepting a Prize, each Finalist grants to UDC an irrevocable, perpetual, worldwide, sub-licenseable, royalty-free license to feature the Finalist’s name, image, likeness, and publicity rights (collectively the “Attributes”) on solicitations, websites, social media, the Website, the Instagram Account, and advertisements related to the Contest. Each Finalist agrees to indemnify, defend, and hold harmless UDC, its licensors, officers, directors, employees, and agents from any and all damages, costs, liabilities, claims, disbursements, actions, and expenses, including without limitation, attorneys’ fees, arising out of or related to the Attributes, the Caption, and his/her Instagram account. Such Finalist will not enter into any settlements or make any admissions on UDC’s behalf without UDC’s prior written consent. Each Entrant acknowledges and agrees that his/her participation in the Contest, eligibility to receive, and/or receipt of the Prize is contingent upon his/her full compliance with the Rules and conditions herein and eligibility to participate in the Contest is good, valuable, and sufficient consideration. The Prizes are subject to prior verification of eligibility, as well as compliance with these Rules. The Prizes may not be transferred or assigned. If legitimately claimed, the Prizes will be awarded.
If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including, but not limited to, (a) infection by computer virus or bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) a Force Majeure Event which includes, but is not limited to, “acts of God”, fires, strikes, labor disputes, pandemics, accidents, embargoes, riots, floods, earthquakes, wars or governmental actions(each a “Force Majeure Event”), (d) technical or production failures, or (e) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the
right, in its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and to award the Prizes using all eligible Entries received as of, or prior to cancellation, termination, modification, or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Rules. Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be (y) tampering or attempting to tamper with the Entry process or the operation of the Contest, or (z) acting in violation of these Rules or in any manner that’s disruptive to or contrary to the spirt of the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON(S) INVOLVED IN OR RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. FAILURE BY SPONSOR TO ENFORCE ANY PROVISION OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY LEGAL OR EQUITABLE RIGHTS.
To the full extent permitted by law, by participating in the Contest, Entrants agree to release and hold harmless UDC, Instagram, and Licensors and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, officers, employees, agents, successors, assigns, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage, liability, or cause of action arising out of or related to an Entry, the Website, Instagram Account, the Contest, the Caption, acceptance, receipt, or use or misuse of a Prize, or participation in any Prize-related activity. Without limiting the foregoing, Entrants agree to release and hold harmless the Released Parties from, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing or production errors; (d) Contest administration or Entry processing; (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of a Prize; or (f) Entrant’s participation it the Contest or feature on the Website or Instagram Account. Released Parties assume no responsibility for 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. Released Parties are not responsible for 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 email or Entry to be received by Sponsor 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 an Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ aggregate liability will be limited to Entrant’s actual cost, not to exceed five dollars (U.S.D. $5.00), if any, to submit an Entry or participate in the Contest as a Entrant, and in no event shall the Released Parties be liable for attorney’s fees or any other costs whatsoever.
ENTRANT INDIVIDUALLY WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS CONTEST, THE WEBSITE, THE ACCOUNT, INSTAGRAM,
AND THE PRIZES. EACH ENTRANT AGREES THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATING TO OR ARISING FROM THE CONTEST OR THE PRIZES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE CONTEST, THE WEBSITE, THE INSTAGRAM ACCOUNT, INSTAGRAM, OR THE PRIZES, AND SPONSOR IS NOT LIABLE FOR THE CONSEQUENCE OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
By accepting a Prize or, submitting an Entry, where permitted by law, Entrants hereby grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant may also be confirmed in writing upon Sponsor’s request), the irrevocable, perpetual, worldwide, sublicenseable, royalty-free license and right to print, publish, disseminate, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Entrants’ full name, image, voice, likeness, Caption, and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSTPROFITS, LOST OPPORTUNITIES, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES. ARISING OUT OF OR RELATED TO PARTICIPATION IN OR ASSOCIATION WITH THIS CONTEST, THE WEBSITE, INSTAGRAM ACCOUNT,OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSEOF, OR ANY HARM RESULTING FROM OR RELATED TO THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO ENTRANTS, OR WINNERS.
claims or conduct any Class Action nor make an award to any person or entity not a party to the action. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If Sponsor cannot commence or complete the performance of its obligations or exercise its rights hereunder due a Force Majeure Event, Sponsor may, in its sole discretion and without penalty, cancel the Contest or suspend the Contest Period hereunder during such time in which Sponsor is unable to commence or complete performance of its obligations, or receive the benefits herein due to a Force Majeure Event.
ENTRANT UNDERSTANDS THAT HE/SHE WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, ENTRANT UNDERSTANDS AND CHOOSES TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
WINNERS AND RULES: To request confirmation of the Winner, please email a written request to email@example.com with the subject line “2020 Upper Deck #UltimateFanFriday Caption Contest.”