OFFICIAL SWEEPSTAKES RULES:
[HEADCOUNT 2023 DISCOVER NHL WINTER CLASSIC® SWEEPSTAKES]
BY ENTERING THIS SWEEPSTAKES (AS DEFINED BELOW), YOU AGREE TO THESE RULES AND REGULATIONS.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA, EXCEPT THOSE RESIDING IN MISSISSIPPI AND OREGON, WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AT THE TIME OF ENTRY.
VOID IN PUERTO RICO, MISSISSIPPI, OREGON AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Introduction. A prize of four (4) tickets to the 2023 Discover NHL Winter Classic® (Boston Bruins vs Pittsburgh Penguins) scheduled to take place on Jan 2, 2023 at Fenway Park in Boston, MA including four (4) roundtrip airfares from any major airport in the fifty (50) United States and three (3)-night hotel 12/31/22 - 1/3/23 (2 rooms each night, with 2 beds each), two (2) signed jerseys by the (1) Bruins and (1) Penguins players (determined at Sponsor’s discretion), 2023 Discover NHL Winter Classic® merchandise pack (including but not limited to: gloves, hat, scarves), and other weekend incentives. Methods of entry and Official Rules are described below.
Sponsor. HeadCount, Inc., 104 West 29th Street, NY, NY, 10001 (“Sponsor”)
The [HEADCOUNT 2023 DISCOVER NHL WINTER CLASSIC® SWEEPSTAKES] (“Sweepstakes”) is in no way sponsored or administered by the NHL Entities (as defined below)]. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address above, and not any other party.
Timing. The Sweepstakes will begin at 12 am Eastern Time (ET) on September 6, 2022 and run until 11:59 pm Eastern Time (ET) on October 10, 2022 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes. Mail-in entries must be postmarked by the last day of the Entry Period and received by [October 13, 2022] (“Mail-in Entry Deadline”). Postcards not received by the Mail-in Entry Deadline will be disqualified. Proof of mailing does not constitute proof of delivery.
Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Void in Oregon, Mississippi, and where otherwise prohibited or restricted by law. Employees, officers, directors, contractors, agents and representatives of Sponsor, the National Hockey League (“NHL”), its member teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities collectively, the “NHL Entities”), and their respective corporate parents, subsidiaries, affiliates, advertising and promotion agencies, agents, and any other entity involved in the development or administration of the Sweepstakes (collectively, with Sponsor and the NHL Entities, the “Sweepstakes Entities”) as well as the immediate family (defined as spouse, parents, children, siblings, grandparents, and “steps” of each) and household members of each, whether or not related, are not eligible to enter or win the Sweepstakes. By participating, you agree to abide by these official rules (the “Official Rules”) and the decisions of Sponsor in all matters relating to the Sweepstakes, which are final and binding in all respects. Notwithstanding the foregoing, Sponsor’s volunteers are eligible to enter the Sweepstakes.
How to Enter. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
Taking civic actions, such as verifying your voter registration status, registering to vote, or requesting a mail-in ballot, or sharing the Sweepstakes with friends is NOT required for entry. Having a valid voter registration status or being eligible to register to vote is NOT required for entry.
There are two (2) ways to enter the Sweepstakes:
- Visit the Sweepstakes website on a web browser. Sweepstakes website is headcount.org/NHL
- Complete the form provided on the Sweepstakes website to enter.
- Mail a 3 ½” x 5” card with your name, complete valid postal address (including ZIP code), date of birth, telephone number, and valid email address legibly, hand printed in a #10 envelope with proper postage affixed to: HeadCount I04 West 29th Street 11th Floor, New York, New York 10001, ATTN: HEADCOUNT 2023 DISCOVER NHL WINTER CLASSIC® SWEEPSTAKES. Maximum one (1) entry card will be accepted per stamped outer mailing envelope. The Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, mutilated, illegible or postage-due entries or mail, all of which will be void. No mechanically-reproduced entries permitted. Illegible/incomplete entries are void. All entries become the property of Sponsor, and none will be acknowledged or returned.
You can earn a maximum of one (1) entry per person by Internet or Mail methods, or by any combination of these methods. You can earn a maximum of two (2) Bonus Entries, as set forth below. Limit three (3) total entries per person, regardless of the method of entry.
EARN BONUS ENTRIES VIA SHARE AND RECRUITMENT: After completing the form to submit an entry using the Internet method of entry, each entrant will receive a custom URL (the “URL”) on the post-submission screen on the Sweepstakes website. An entrant may share the URL with third parties (each, a “Referral”) by sending the URL directly to a Referral using email or social media; or sharing the URL via any other lawful means.
Any entrant that converts three (3) or more Referrals to Referred Persons will receive two (2) additional entries (each, a “Bonus Entry”) into the Sweepstakes. A “Referred Person” is a Referral that visits the Sweepstakes website and takes (1) Qualifying Actions during the Entry Period. The “Qualifying Action” is (1) entering the Referral’s name and contact information on the Sweepstakes website.
Any Referral that does not complete the Qualifying Action will not be considered a Referred Person. Each entrant will receive no more than two Bonus Entries, regardless of how many Referred Persons such entrant achieves. Each Referral can be a Referred Person only for the entrant whose URL was used in visiting the Sweepstakes website to take the Qualifying Action.
The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually postmarked/received by the deadlines specified in these Official Rules will be included in the prize drawing. Any automated receipt does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements will be disqualified from the Sweepstakes.
Odds of Winning: Odds of winning depend on the number of eligible entries received.
Prize. One (1) winner (the “Winner”) will win the following prize (the “Prize”): four (4) tickets (for winner and three (3) guests) to attend the 2023 Discover NHL Winter Classic® (Boston Bruins vs Pittsburgh Penguins) scheduled to take place on Jan 2, 2023 at Fenway Park in Boston, MA including four (4) roundtrip airfares from any major airport in the fifty (50) United States and three (3)-night hotel 12/31/22 - 1/3/23 (2 rooms each night, with 2 beds each), two (2) signed jerseys by the (1) Bruins and (1) Penguins players (determined at Sponsor’s discretion), 2023 Discover NHL Winter Classic® merchandise pack (including but not limited to: gloves, hat, scarves), and other weekend incentives, with an approximate retail value of [US$9,000.00].
The total ARV of all Prizes offered in this Sweepstakes is [US $9,000.00].
Winner is subject to verification, including verification of age and residency. The Prize is neither transferable nor redeemable in cash and it must be accepted as awarded. No substitutions will be available, except at the sole discretion of Sponsor, who reserves the right to award a prize of equal or greater retail value if any advertised Prize (or any component thereof) becomes unavailable. Prize does not include any other item or expense not specifically described in these Official Rules.
Actual value of the Prize depends on travel dates, departure city, and air transportation and hotel market conditions at time of fulfillment. Any difference in value between the stated ARV and the actual value of the Prize will not be awarded.
The various elements of the Prize will be as arranged by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to change the dates of travel. Sponsor will notify Winner in the event of a change in itinerary.
It is the responsibility of the Winner and their travel companion(s) to arrive at the airport on time for their departure and obtain and possess all required travel documents. Sponsor has no responsibility for lost or stolen tickets and/or travel documents, baggage, flight delays, or any other occurrences beyond its control. No refund or compensation will be made in the event of the cancellation or delay of any flight or travel accommodations. Sponsor has no responsibility for the winner’s inability or failure to accept or use any part of the Prize as described herein. The Winner and their travel companion(s) must travel on the same itinerary and must comply with all check-in requirements, including the presentation of a major credit card. Unused components of the Prize have no redeemable cash value. All airline tickets issued in connection with the Prize are not eligible for frequent flyer miles or upgrades and cannot be used in conjunction with any other promotion or offer. Travel must be round-trip. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by the applicable suppliers, including but not limited to, the airline’s passenger ticket contract, and any other rules or restrictions as may be determined in the sole discretion of Sponsor. FLIGHT TICKETS AND HOTEL RESERVATIONS MUST BE ARRANGED BY SPONSOR. ALL TRAVEL RESERVATIONS ARE SUBJECT TO AVAILABILITY AND SPONSOR’S APPROVAL. NO CHANGES ARE PERMITTED ONCE ANY TRAVEL RESERVATIONS HAVE BEEN MADE, EXCEPT WITH THE WRITTEN APPROVAL OF SPONSOR. If the Winner is unable to use the Prize during the time period determined by Sponsor, the Winner forfeits the Prize in its entirety and if time permits, Sponsor will select a substitute winner at random from among all remaining eligible entries. If the Winner is disqualified and there is no time to reasonably select a substitute winner, Sponsor reserves the right not to select a substitute winner and to retain the related Prize. In case of Prize forfeiture, no further compensation is due to winner from Sponsor. Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor is not liable for any travel cancelled or Prize forfeited due to a force majeure event (including without limitation, events related to the propagation of the COVID-19 virus).
WINNER AGREES TO ACCEPT THE PRIZE “AS IS”, AND YOU HEREBY ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANIC CONDITIONS. THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Each ticket and admittance to the event is subject to the terms and conditions, policies,
procedures, and rules of conduct of the event and venue, including without limitation its admittance policy and any COVID-19 testing and/or vaccination requirements. Winner agrees to comply with all
applicable venue regulations in connection with the Prize. Sponsor and Sweepstakes Entities or venue reserve the right to remove or deny entry to any Winner and/or their guest(s) who do not
comply with any required admittance policies, engage in a disruptive manner, or act with intent to
annoy, abuse, threaten, or harass any other person at the event.
Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of Winner.
Resale of NHL® event tickets is prohibited. Winner and Winner’s guest(s) must abide by all venue policies and event ticket terms and conditions including those related to COVID-19. Sponsor reserves the right to revoke the full or partial Prize from any Winner and/or Winner’s guest(s) who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety and/or health risk, have violated any venue policy or law, or may bring Sponsor or the NHL Entities into disrepute.
Winner Selection and Notification. On or about October 15th, one (1) Winner will be selected from all eligible entries received via a random drawing administered electronically at the offices of HeadCount - 104 West 29th Street, NY, NY, 10001. Sponsor will notify Winner by email or text via the email address and/or phone number submitted with their Sweepstakes entry.
Winner is subject to verification of eligibility, including verification of age and residency. Winners under the age of 18 must receive permission from their parents or legal guardian to participate, and a parent or legal guardian must accompany them on the trip and to the concerts as the second person.
If a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor or (ii) fails to respond to Sponsor’s selection email or text within forty-eight (48) hours of such email or text, the Winner forfeits the Prize in its entirety and a substitute Winner will be selected based upon a random drawing from among all other eligible entries received.
Publicity. Except where prohibited by law or regulation, by submitting an entry, entrant grants the Sponsor a perpetual, worldwide, royalty-free right and license to use his/her name, photograph, voice, and likeness in connection with the promotion of this and other Sweepstakes offers and Sponsor’s mission.
Winner will be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, all of which must be properly executed and returned within three (3) days of issuance of Prize notification. If these documents are not returned properly executed, or are returned to Sponsor as undeliverable, or if any given Winner does not otherwise comply with the Official Rules, the Prize will be forfeited and awarded to an alternate winner. Each guest of the Prize winner will also be required to sign a liability and publicity release.
LIMITATIONS OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE SWEEPSTAKES WEBSITE AT YOUR OWN RISK. THE SWEEPSTAKES WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND THE SWEEPSTAKES ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE SWEEPSTAKES ENTITIES MAKE NO WARRANTY THAT THE SWEEPSTAKES WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SWEEPSTAKES WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT (I) SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR RELATED TO: (A) THE SWEEPSTAKES, (B) ANY PRIZE AWARDED, OR (C) YOUR USE OF INABILITY TO USE THE SWEEPSTAKES WEBSITE (IN EACH CASE EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND (II) SPONSOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE OFFICIAL RULES, THE SWEEPSTAKES, THE SWEEPSTAKES WEBSITE, OR ANY PRIZE WILL AT ALL TIMES BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE SWEEPSTAKES (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE OFFICIAL RULES.
By participating in the Sweepstakes, you agree to release and hold harmless the Sweepstakes Entities from any liability, claims, costs, injuries, losses or damages of any kind, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Sweepstakes, including, without limitation, the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes, or (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries, including, without limitation, incorrect, delayed or inaccurate transmission of winner notifications, prize claims or other information or communications relating to the Sweepstakes. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate Prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only one (1) Prize from a random drawing from among all eligible entrants. In no event will more than the stated number of prizes (i.e. one (1) Prize) be awarded.
Sponsor reserves the right in its sole discretion to disqualify any entry or entrant from the Sweepstakes or from winning the Prize if it determines that said entrant is attempting to undermine the legitimate operation of the promotion by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Entities.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s Reservation of Rights. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. If for any reason the Sweepstakes is not capable of being safely executed as planned, including, without limitation, as a result of war, natural disasters or weather events, labor strikes, acts of terrorism, pandemic infection (including without limitation, events related to the COVID-19 virus), or other force majeure event, or any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct and fulfillment of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, Sponsor reserves the right to select a winner from a random drawing from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension.
DISPUTES AND JURISDICTION: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE SWEEPSTAKES SHALL BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION IN NEW YORK, NEW YORK. EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Official Rules. For a copy of the Official Rules, mail a self-addressed, stamped envelope by first class mail to HeadCount 2023 DISCOVER NHL WINTER CLASSIC® Sweepstakes Rules, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. Sweepstakes entrants are hereby authorized to copy these Official Rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
Winners List. A winners list is available only within sixty (60) days after the end of the Entry Period. To receive a copy of the winners list, mail a request to HEADCOUNT 2023 DISCOVER NHL WINTER CLASSIC® Sweepstakes Winners List, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope (residents of VT and WA may omit return postage).
Intellectual Property Ownership; Access to Sweepstakes Website. You acknowledge and agree that the Sweepstakes website and all content thereof, and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets therein, are owned by Sponsor or its licensors. Neither these Official Rules (nor your access to the Sweepstakes website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited, non-exclusive right to access the Sweepstakes website for your own personal, noncommercial use. Sponsor and its suppliers reserve all rights not granted in these Official Rules. There are no implied licenses granted under these Official Rules.
NHL, the NHL Shield and the word mark NHL Winter Classic are registered trademarks and the NHL Winter Classic logo is a trademark of the National Hockey League. NHL and NHL team marks are the property of the NHL and its teams. © NHL 2022. All Rights Reserved.