UPPER DECK NHL® SEASON-START-UP SWEEPSTAKES 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 COMPLETE AND EXECUTE A WINNER RELEASE AND PRIZE ACCEPTANCE AGREEMENT (“RELEASE”) AND ANY OTHER LEGAL DOCUMENTS WITHIN THE TIMEFRAME REQUIRED BY SPONSOR OR THE PRIZE 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 SWEEPSTAKES DEFINED BELOW, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING THIS SWEEPSTAKES. THIS SWEEPSTAKES EXPRESSLY EXCLUDES RHODE ISLAND, PUERTO RICO, AND ALL UNITED STATES TERRITORIES. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Upper Deck NHL® Season-Start-Up Sweepstakes (“Sweepstakes”).
In order to participate in the Sweepstakes during the Entry Period (as defined below), Entrants (as defined below) must complete the Entry (as defined below) requirements as defined herein. All Entrants must be at least eighteen (18) years old or at least the age of majority in the state or territory in which he/she/they reside if the age of majority in that state or territory is greater than eighteen (18) (if a legal resident of the United States of America (“USA”), excluding Rhode Island, Puerto Rico, and any other U.S.A. territories), and have reached the age of majority in his/her/their jurisdiction of residence in Canada (if a legal resident of Canada) as defined in Section 5 below.
This Sweepstakes is sponsored by The Upper Deck Company located at 5830 El Camino Real, Carlsbad, California 92008 (“UDC” or “Sponsor”).
Entrants must submit an Entry beginning on October 25, 2023 at 2:00 pm Pacific Time (“PT”) through November 13, 2023 at 11:59:59 pm PT (“Entry Period”).
By participating in this Sweepstakes, Entrants agree to abide by and be bound by these Upper Deck NHL® Season Start-Up Sweepstakes Official Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Entrant eligibility for winning a Prize (as defined below) is contingent upon timely fulfilling all requirements set forth herein.
7. HOW TO ENTER:
Five total (5) winners will be randomly selected by Sponsor at 9:00 am PT on the specified drawing dates below (each a “Winner” and collectively, the “Winners”) at UDC’s office located at 5830 El Camino Real, Carlsbad, California 92008 to receive E-Tickets (as defined below) for a Game (as defined below). All eligible Entries must be received by Sponsor by 8:59 am PT on November 6, 2023 and November 13, 2023 to qualify for the drawing on the respective dates. All eligible Entries must be received by Sponsor by the end of the Entry Period to qualify for the drawings occurring after November 13, 2023. On each drawing date, Sponsor will randomly select one (1) Winner from the eligible Entries received by Sponsor within the specified timeframe above. Non-winning eligible Entries will be rolled over into following drawing (if any).
November 6, 2023
November 13, 2023
November 20, 2023
November 27, 2023
December 4, 2023
a) Prize Available: Each Winner will receive two (2) electronic tickets (“E-Tickets”) for Winner and one (1) guest to attend one (1) of five (5) 2023-2024 NHL® regular season games selected at Sponsor’s discretion (collectively, the “Games” and individually, a “Game”) (each, a “Prize”). The E-Tickets have an estimated retail value range of U.S.D. $298.07-$617.10.
Prizes may not be transferred or assigned by or on behalf of the Winners. The E-tickets will be randomly assigned to each Winner. No travel or any other accommodations are included in the Prize or will otherwise be provided or reimbursed by UDC. Each Winner acknowledges and agrees that he/she/they are solely responsible, at their own cost, for any and all local, provincial, state, federal, and international taxes as well as any expenses and costs including, without limitation, travel, airfare, mileage, lodging, and food costs, and any other fees incurred regarding or related to the Prize.
Winners and Winners’ guests must abide by all venue policies and game ticket terms and conditions including any rules or regulations related to COVID-19. Sponsor reserves the right to revoke the full or partial Prize from any Winners or Winners’ guest(s) who Sponsor or venue personnel deem in their sole discretion may be intoxicated, be a safety or health risk, have violated any venue policy or law, or bring the Sponsor or the NHL Entities into disrepute.
b) Receiving the Prize: UDC will contact the Winners through the email address used to submit an Entry to notify the Winners of their selection as the Winners (“Winner Notification”) on or around 9:00 am PT on the specified dates set forth in Section 8. If UDC is unable to send the Winner Notification due to error in the email address provided in an Entry, then UDC may randomly select alternate Winners without any notice to Winners, and the original Winner’s Entry will thereby be deemed void. Each Winner must execute and return the Release provided by Sponsor to Winners via the Winner Notification via email to [email protected] no later than 4:00 pm PT on the following business day after the date of the Winner Notification in order to receive the Prize. The Release is hereby incorporated into these Rules. The Prize will then be sent to Winners upon completion and return of the Release via the email address identified in the Winner Notification. Winners must have a smart phone and a Ticketmaster account to receive the E-Tickets from Sponsor. All E-Tickets will be transferred through the Ticketmaster mobile application and are only accessible through the Ticketmaster mobile application.
c) Prize Disclaimers: Sponsor will not replace any lost, damaged, stolen, or undeliverable Prize or any element thereof, or any Prize that does not reach the Winners because of an incorrect or modified email address or other contact information. If a Winner does not accept the entire Prize, the Prize will be forfeited in its entirety, and Sponsor will have no further obligation with respect to the Prize or the Winner. Sponsor is not responsible for any inability of the Winners to accept or use any Prize for any reason. No Prize substitutions or other consideration will be provided to the Winners, except in Sponsor’s sole discretion. In the event that the Sweepstakes is canceled or rescheduled for any reason, Sponsor reserves the right and sole discretion to substitute the Prizes or any portion thereof, subject to the terms and conditions of Ticketmaster, for comparable value of the Prizes, for any reason, including, without limitation, Prize unavailability, delays or cancellations of any Games. No more than the stated Prize will be awarded. Sponsor reserves the right to provide alternative consideration to the Winners in Sponsor’s sole discretion.
10. PRIZE CONDITIONS:
a) Prize Release: By accepting the Prize, the Winners agree to forever release and hold harmless Sponsor and the Released Parties (as defined below) from and against any and all claims, demands, losses, liabilities, damages, costs, or causes of action arising out of or related to participation in the Sweepstakes, Website, UD Store, Newsletter, Entry, his/her/their travel to or from and/or attendance at the Game or receipt or use/misuse of the Prize. By accepting the Prize, the Winners acknowledge and agree UDC is not responsible to pay for any incidental or other expenses associated with the Prize or attending the Game, or this Sweepstakes that is not specifically included in the Prize. Winners will not enter into any settlements or make any admissions on UDC’s behalf without UDC’s prior written consent. Winners acknowledge and agree that his/her/their participation in the Sweepstakes, eligibility to receive, and/or receipt of a Prize is contingent upon his/her/their full compliance with the Rules and conditions herein. Each Prize is subject to prior verification of eligibility, as well as compliance with these Rules. If legitimately claimed by the Winners, the Prizes will be awarded.
b) Canadian Residents: With respect to Canada, this Sweepstakes is open to legal residents of Canada. For Canadian residents only, in order to be declared a Winner, the Winners must first correctly answer, with no assistance of any kind, a mathematical skill-test question which will be emailed to the Winners at the time of the Winner Notification. If the potential Winners fail to correctly answer the skill-test question, he/she/they will be disqualified, and another potential Winner will be randomly selected. Sponsor reserves the right, in Sponsor’s sole discretion, to administer an alternate skill test as it deems appropriate or necessary.
As a condition of entering the Sweepstakes, each Entrant hereby consents that Sponsor and its representatives, affiliates, related parties, licensors, and agents may obtain and deliver his/her/their name, address, email address, and other information to third parties for the purpose of administering and marketing this Sweepstakes and complying with applicable laws, regulations, and rules. Additionally, by entering into this Sweepstakes, all Entrants hereby represent that they have the authority to grant and do grant UDC and its representatives, affiliates, related parties, licensors including, without limitation, the NHL Entities, and agents an irrevocable, royalty-free, perpetual, worldwide, sub-licenseable license to feature Entrant’s Attributes on UDC’s and its related parties’ and affiliates’ social media accounts, including without limitation, Facebook, X (formerly Twitter), YouTube, Instagram, in addition to websites and blogs or for advertising and promotional purposes, including without limitation, advertisements for the Sweepstakes or any similar sweepstakes UDC may run in the future, without additional consideration or notice to Entrant in all manners and media throughout the world unless prohibited by law. By entering the Sweepstakes, all Entrants agree to waive any and all moral rights that they may have in and to their Entry with respect to the uses contemplated herein. Further, by entering into this Sweepstakes, each Entrant consents to UDC’s use of Entrant’s Attributes and all other publicity rights on UDC websites, materials, and social media accounts.
Entrant agrees to indemnify, defend, and hold harmless the Released Parties which includes, without limitation, Sponsor and the NHL Entities, against any and all claims, liabilities, suits, cause of actions, demands, losses, damages, disbursements, and costs including, without limitation, attorneys’ fees, arising out of or connected with a breach of any of the Winner’s representations, warranties, covenants, or obligations in the Release the Sweepstakes, UD Store, Rules, Entry, the Prizes, and Winners’ and his/her/their guest’s travel to and from and attendance at the Game, misuse, transfer sale, and assignment of the Prize, and any Prize or other consideration Entrant receives or expenses Entrant incurs regarding or related to the Sweepstakes. Entrant shall give Sponsor full authority to control the defense and all aspects relating to the defense thereof through lawyers of Sponsor’s own choosing, including, but not limited to, the right to compromise and enter into any settlement of all claims, provided, however, that Entrant has no authority to bind, or obligate Released Parties in any way or manner whatsoever. Any compromise or settlement of any claim that required any payment by any Released Party, or requires any action or activity, or the cessation or any action or activity by any Released Party shall require Sponsor’s express prior written agreement to such terms and conditions. Entrant shall not enter into any settlements or make any admissions on the Released Parties’ behalf without their prior written consent.
Sponsor reserves the right, in its sole discretion, to disqualify an Entry from the Sweepstakes, in Sponsor’s sole discretion, that refers, depicts, or in any way reflects negatively upon the Released Parties, the Sweepstakes, UD Store, the Prize, Newsletter, the NHL Entities, NHLPA or any other person or entity or does not comply with these requirements or these Rules. The Released Parties are not responsible for legal protection or clearance of the Entries in any form. Sponsor reserves the right and sole discretion to disqualify any Entries it deems infringing or inappropriate in any form. Except where expressly prohibited by law, once submitted, all Entries will become part of the Sweepstakes and may not be withdrawn, even if Entrant withdraws from the Sweepstakes.
If for any reason the operation or administration of this Sweepstakes, Newsletter, Essay Entry, UD Store, Prize, or Website 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) Game suspension, rescheduling or cancellation for any reason; (e) an event outside Sponsor’s control which includes, but is not limited to, “acts of God,” fires, strikes, labor disputes, pandemics, epidemics, quarantines, accidents, embargoes, riots, floods, earthquakes or other natural disasters, wars or governmental actions (each a “Force Majeure Event”); (f) technical or production failures; or (g) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes 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 conforms to the spirit of these Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant deemed to be (y) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes, or (z) acting in violation of these Rules or in any manner that’s disruptive to or contrary to the spirt of the Sweepstakes. 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 Sweepstakes or suspend the Entry 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.
ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY LEGAL OR EQUITABLE RIGHTS.
ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ 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, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEED OR ANY OTHER COSTS WHATSOEVER.
ENTRANT AGREES THAT 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), VALUE (MARKET OR ESTIMATED RETAIL VALUE) OF THE PRIZES IN FACT OR IN LAW, RELATING TO OR ARISING FROM THE SWEEPSTAKES, NEWSLETTER, WEBSITE, GAME(S), OR PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SWEEPSTAKES, WEBSITE, NEWSLETTER, GAME, OR PRIZE, 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.
b) Delegation to Arbitrator: UNLESS OTHERWISE STATED IN THESE RULES, IT IS THE INTENT OF THE PARTIES TO CLEARLY AND UNMISTAKEABLY DELEGATE TO AN ARBITRATOR (AND NOT ANY INTERNATIONAL, FEDERAL, STATE, OR LOCAL COURT OR AGENCY) THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, REVOCABILITY, UNCONSCIONABILITY, VALIDITY OR FORMATION OF THESE RULES, ANY DISPUTE RELATING TO THE ARBITRABILITY OF ANY DISPUTE, OR AND ANY DISPUTE THAT ONE OF THE PARTIES WAIVED THE RIGHT TO ARBITRATE. Sponsor will pay for all arbitration costs relating to the arbitrator’s determination of gateway issues of arbitrability, including any disputes that one of the parties waived the right to arbitration. Notwithstanding the above, the arbitrator is not authorized to make any award of attorneys’ fees or costs relating to the determination of gateway issues of arbitrability.
c) Intellectual Property Claims Exempted: Notwithstanding the above, the Parties agree that any dispute, controversy, or claim involving the intellectual property rights of the UDC may be brought in any state or federal court in the Southern District in the State of California, and the Parties consent to exclusive personal jurisdiction and venue in such courts.
The invalidity or unenforceability of any provision of these Rules or any Release executed in conjunction with the Sweepstakes 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 Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
To request confirmation of the Winners, please email a written request to [email protected] with the subject line “Upper Deck NHL® Season-Start-Up Sweepstakes.”
Entrant acknowledges and agrees this Sweepstakes is not in any way sponsored or endorsed by the NHL Entities.