BAUER MVP SWEEPSTAKES OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN A SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES ARE INTENDED FOR PLAY ONLY IN THE FIFTY UNITED STATES AND DISTRICT OF COLUMBIA (THE “U.S.”) AND CANADA (COLLECTIVELY, THE “ELIGIBLE TERRITORY”), AND ARE VOID OUTSIDE THE ELIGIBLE TERRITORY AND WHEREVER PROHIBITED.
IMPORTANT: YOU UNDERSTAND AND ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE SWEEPSTAKES OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BAUER HOCKEY’S LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ AND UNDERSTAND THESE SWEEPSTAKES OFFICIAL RULES BEFORE YOU ENTER A SWEEPSTAKES.
2. Overview. These Bauer MVP Sweepstakes Official Rules (“Official Rules”) govern sweepstakes offered in connection with Bauer MVP™ where one enters for a chance to win a prize to be awarded on a randomized basis from eligible entries received during a specified time period (subject to an additional requirement for Canadian residents to correctly and independently answer a math skill question before being confirmed as the winner) (each such promotion referred to herein as a “Sweepstakes”).
Each Sweepstakes is sponsored by Bauer Hockey, LLC, 100 Domain Dr., Exeter, NH 03833 and Bauer Hockey Ltd. 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2 (together, “Bauer Hockey” or “Sponsor”).
In addition to being subject to these Official Rules, each Sweepstakes is subject to Specific Sweepstakes Terms for that Sweepstakes (as defined in Section 3, below).
By participating in a Sweepstakes, you are signifying your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and the Specific Sweepstakes Terms (as defined below).
For purposes of these Official Rules, Sweepstakes are only open to currently enrolled Members of the BAUER MVP Loyalty Program (as defined in the BAUER MVP Loyalty Program Terms and Conditions (the “BAUER MVP Terms”)) who meet the eligibility requirements set forth in Section 5, below (or as otherwise set forth in the Specific Sweepstakes Terms), and who comply with all requirements set forth in these Official Rules and in the applicable Specific Sweepstakes Terms.
3. Specific Sweepstakes Terms. Each Sweepstakes (a “Specific Sweepstakes”) that Sponsor runs will be subject to these Official Rules and to any Specific Sweepstakes terms announced in connection with the Specific Sweepstakes (“Specific Sweepstakes Terms”), which will include the Sweepstakes Entry Period (as defined in Section 4, below) and specific prize (“Reward”) information for that Sweepstakes. If there are any inconsistencies between these Official Rules and the Specific Sweepstakes Terms, the Specific Sweepstakes Terms will prevail.
4. Promotional Periods and Entry Period Dates and Times. Over the course of each calendar year, Sponsor will operate promotional periods, the exact dates of which will be posted on the BAUER MVP Site (as defined in the BAUER MVP Terms) and in each Member’s BAUER MVP Account (each a “Promotional Period”). During those Promotional Periods, Sponsor will offer one or more Sweepstakes. Each such Sweepstakes may start and end on different dates and times during that Promotional Period, as set forth in the Specific Sweepstakes Terms for each Sweepstakes (“Sweepstakes Entry Period”).
Unless otherwise set forth in the Specific Sweepstakes Terms for a particular Sweepstakes, the Sweepstakes Entry Period will always start at 12:00 a.m. ET on the start date and ends at 11:59 p.m. ET on the end date set forth in the Specific Sweepstakes Terms, which is the time during which an Eligible Participant can enter a particular Sweepstakes.
5. Eligibility. Unless otherwise specified in the Specific Sweepstakes Terms, Sweepstakes are open only to Members (as defined in the BAUER MVP Terms) in good standing at the time of entry and Reward awarding, except that the following Members are ineligible to enter a Sweepstakes or win a Reward:
- Sponsor or its affiliated entities employees, officers, directors, contractors, representatives, mandataries or agents (“Sponsor Personnel”);
- the employees, officers, directors, contractors, or agents of Sponsor’s advertising, promotion, marketing, PR or fulfillment agencies, or any other agency working with Sponsor in connection with the BAUER MVP or any Sweepstakes (“Agency Personnel”);
- employees, officers or directors of retailers who sell Bauer Merchandise, as defined in the BAUER MVP Terms (“Retailer Personnel”);
- an immediate family member of any of the foregoing (defined as a parent, sibling, spouse or child; whether biological, adopted, step or in-law) or household member (whether related or not) of any of the individuals identified in subsections (a)-(c) above.
Those Members that meet these eligibility criteria are eligible for the Sweepstakes, unless there are specific eligibility criteria set forth in the Specific Sweepstakes Terms for a particular Sweepstakes, in which case those specific criteria shall apply for purposes of that Sweepstakes only (“Eligible Participants”).
6. Shots. During each Promotional Period, Eligible Participants will be allotted a certain number of entries (each a “Shot”) that they can use to enter any of the Sweepstakes that Sponsor offers during that Promotional Period, as detailed in Rule 7, below. The number of Shots that an Eligible Participant will receive to enter online via the Bauer MVP Site for each Promotional Period is determined by the Member Tier (as established in the BAUER MVP Terms) that the Eligible Participant is in as of the start date of the Promotional Period, as set forth in Table 6.1, below (see Rule 7.b., below, for details on how to receive maximum Shots, regardless of Tier level, to use by mail). If an Eligible Participant is assigned to a higher Tier within BAUER MVP during the Promotional Period, that Eligible Participant will receive the additional Shots associated with that higher Tier and may use those additional Shots for any remaining Sweepstakes that are still open during the Promotional Period. An Eligible Participant can use all of their Shots for a single Sweepstakes in the Promotional Period, or divide them up into different Sweepstakes. Once an Eligible Participant has used all of their Shots for that Promotional Period, if another Sweepstakes is announced for that Promotional Period, the Eligible Participant will not be able to enter that subsequent Sweepstakes unless the Eligible Participant reallocates the Shots that they used in an earlier Sweepstakes in that Promotional Period to the subsequent Sweepstakes, but an Eligible Participant may only reallocate Shots from the earlier Sweepstakes if the Sweepstakes Entry Period that the Eligible Participant wants to reallocate Shots from is still open. Once a Sweepstakes Entry Period has closed, an Eligible Participant may no longer reallocate Shots from that Sweepstakes to a different Sweepstakes. If an Eligible Participant has not used all of their Shots for a Promotional Period by the end of the Promotional Period, they will forfeit their unused Shots (i.e., unused Shots will not roll over to the next Promotional Period). At the beginning of the next Promotional Period, each Eligible Participant will receive a full set of new Shots, the number of which will depend on the Eligible Participant’s Tier at the time of the start of the new Promotional Period.
Shots per Promotional Period
7. How to Enter. Unless otherwise set forth in the Specific Sweepstakes Terms, Eligible Participants may enter a Sweepstakes in one of two ways:
- On the BAUER MVP Site (“Site Shots”). If you are an Eligible Participant and wish to enter a Sweepstakes, visit the Bauer MVP page on bauer.com or ca.bauer.com (the “BAUER MVP Site”) during the Sweepstakes Entry Period, use your password to log in to the BAUER MVP Site and follow the prompts to the Sweepstakes page on the BAUER MVP Site. Then click the “Enter” button for the particular Sweepstakes you wish to enter with the number of Shots you have available that you wish to enter into that Sweepstakes. You can enter all of your remaining Shots that you have for a Promotional Period in one Sweepstakes (provided the Sweepstakes Entry Period for that Sweepstakes is open), or save some of your remaining Shots for other Sweepstakes that may be running or may still be announced during the same Promotional Period. You may come back and enter more Shots into a Sweepstakes at a later time, as long as you do so before the Sweepstakes Entry Period for that Sweepstakes ends and up to the maximum Shots you have available for your Tier.
- To Enter by Mail (“Mail Shots”). If you are an Eligible Participant and wish to enter a Sweepstakes by mail, during the Sweepstakes Entry Period hand-print the following information on a 3”x5” card: your first and last name, street address, the email address associated with your BAUER MVP Account, the name of the Sweepstakes you wish to enter, and the number of Shots you wish to enter into that Sweepstakes (the “Mail In Shot Form”). Mail your Mail In Shot Form to 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2, postmarked during the applicable Sweepstakes Entry Period for the Sweepstakes that you are seeking to enter, and received within one week following the last day of that Sweepstakes Entry Period. You may submit a separate Mail In Shot Form for each Sweepstakes that you wish to enter during a Promotional Period, but regardless of your BAUER MVP Tier, you must not designate more than a total of twenty (20) Shots across all combined Mail Submissions and Site Submissions during a single Promotional Period. Each Mail In Shot Form must be for a separate Sweepstakes and must be sent in a separate mailing envelope with the correct postage. You cannot re-allocate Mail Shots once submitted.
- When being referred to in a manner where no there is no distinction between Site Shots and Mail Shots, both will be referred to simply as Shots; otherwise, they will be identified as Mail Shots or Site Shots, and collectively as “Combined Shots.”
In the event of a dispute over the identity of an entrant, the authorized account holder of the BAUER MVP Account, who must match the authorized account holder of the email address used to register the BAUER MVP Account, will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address.
An Eligible Participant’s Site Shots will always be tallied at the end of a Promotional Period, before their Mail Shots (if any) are added to that tally. If with the addition of the Mail Shots an Eligible Participant’s Combined Shots exceed twenty (20) in any Promotional Period (regardless of Shot method received), the Mail Shots that were last received (or last opened if all received on the same date) that put that Eligible Participant in excess of a total of twenty Combined Shots will be disqualified. If Sponsor cannot determine the order in which an Eligible Participant’s Mail Shots were received, Sponsor reserves the right to allocate the Eligible Participant’s Mail Shots into the available Sweepstakes identified in the Mail Shots in the order in which Sponsor opens the Eligible Participant’s Mail Shots. If a Mail In Shot Form is received that fails to identify the name of the Sweepstakes that an Eligible Participant was seeking to enter, Sponsor may pick an eligible Sweepstakes in which to include the Shot(s) based on eligible Sweepstakes Entry Period in which the mail In Shot Form was postmarked and received, if any. If there is no Sweepstakes Entry Period that coincides with the date a Mail In Shot Form was postmarked and received, the request will be disqualified and no Mail Shots will be entered. Shots and any material accompanying them become the property of Sponsor and will not be returned and may not be acknowledged. Shots received that are not in conformance with the Official Rules may be disqualified, in Sponsor’s sole discretion. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Official Rules or the Specific Sweepstakes Terms to participate in or to disrupt a Sweepstakes; that participant may be disqualified from the Sweepstakes in the sole and absolute discretion of the Sponsor. A Shot may be rejected if (in the sole and absolute discretion of the Sponsor) it is not duly completed with all required information and submitted and received in accordance with these Official Rules. Released Parties (as defined below) are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Shots and/or other information (all of which are/is void). Facsimiles and/or photocopies of Mail In Shot Forms will not be accepted.
8. Winner Determination. Unless otherwise stated in the Specific Sweepstakes Terms, winner(s) for each Sweepstakes will be selected at random from among all eligible Submissions received for that Sweepstakes at 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2, on or about noon ET on the second Wednesday following the end date of the applicable Promotional Period in which the Sweepstakes occurs. If there are multiple Rewards available to be awarded in the Sweepstakes, the random selection will start with the Grand Reward first (if any), and working from 1st Place Reward to 2nd Place Reward and onward.
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIAL CONFIRMS SUCH POTENTIAL WINNER AS THE WINNER IN ACCORDANCE WITH THESE OFFICIAL RULES. Before being declared as an official prize winner (a “Winner”), a potential winner will be required to: (a) undergo verification as detailed in Section 10, below; (b) where required, return the completed and signed Reward Claim Form (as defined below) within the prescribed time frame; (c) in the case that the potential winner is a Canadian resident, correctly answer a Skill Question (as defined below) without mechanical or other aid; (d) if requested, return a signed authorization allowing Sponsor to conduct a background check on potential winner and any guest(s) participating in the Reward; and (e) comply with any other requirements or conditions that may be set out in the Specific Sweepstakes Terms. Odds of winning depend on the number of eligible Shots received in compliance with these Official Rules and the Specific Sweepstakes Terms for that particular Sweepstakes.
9. Reward(s). The prize(s) (each individually a “Reward” and collectively the “Rewards”) and Reward value(s) for each Sweepstakes will be announced in the Specific Sweepstakes Terms. If more than one Reward is offered in a particular Sweepstakes, there is a limit of one Reward per person per Sweepstakes.
- Trips/Travel Rewards: Unless otherwise specified in the Specific Sweepstakes Terms, for Rewards that include trips/travel/overnight accommodations:
- The trip/travel is for the Winner plus the number of guests (if any) specified in the Specific Sweepstakes Terms.
- If travel includes airfare, airfare will be roundtrip coach class between major airport nearest winner’s home and destination, as determined by Sponsor. Winner and guest (if included) must travel on same itinerary. If Winner lives within 150 miles of the destination, Sponsor may substitute airfare with ground transportation.
- If the Reward includes hotel accommodations, such hotel accommodations are standard and based on double occupancy. Choice of hotel or other accommodation is at the sole and absolute discretion of the Sponsor.
- If Winner is a minor, at least one travel companion guest must be Winner’s parent or legal guardian.
- If Winner is not a minor, travel companions may not be minors unless the Winner is their parent/legal guardian.
- Meals, tips, hotel incidentals (including any damages), and any other expenses not specifically identified in the Reward description in the Specific Sweepstakes Terms as being included in the Reward are the sole responsibility of the Winner.
- Winner may be required to present a current, valid credit card in order to check into hotel and to cover any incidental fees or damages.
- Guest(s) of winner must sign and return a liability/publicity release prior to ticketing.
- If there is an event associated with the trip/travel, the trip/travel must be taken on dates that coincide with the event or Reward may be forfeited (in Sponsor’s sole discretion).
- If there is no event associated with the trip/travel, the trip/travel must be taken within one year of the start date of the Sweepstakes or Reward will be forfeited.
- Exact travel dates are subject to availability and blackout dates may apply, in Sponsor’s sole discretion.
- Reward will be forfeited if Winner is unable to travel on Sponsor-designated dates/times.
- Winner and guest(s) if applicable are responsible for securing all travel documentation prior to ticketing, including any required state identifications, passports, or other documentation required by the destination, carrier, venue or other travel partner.
- If the winner and guest(s) (if applicable) do not utilize any part(s) of a Reward, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in its/their entirety and, if forfeited, nothing will be substituted in their place.
- Sponsor does not obtain insurance for Winner or guest(s) and advises Winner to secure their own travel insurance.
- Event/Ticket Rewards: Unless otherwise specified in the Specific Sweepstakes Terms, for Rewards that consist of or include attendance at an event or tickets to an event:
- Potential winner must confirm availability to attend the event at time of winner verification, and if potential winner is not available for the event, such winner may be disqualified in Sponsor’s sole discretion, and if disqualified, will forfeit all rights to the applicable Reward, and nothing will be substituted in its place.
- In the event that the event is cancelled, nothing will be awarded in lieu thereof, except in Sponsor’s sole discretion.
- If the event is awarded in association with a trip, if the event is postponed prior to the date the trip is booked, the trip will be postponed to coordinate with the new event date to the extent reasonably possible, as determined in Sponsor’s sole discretion.
- If the event is awarded in association with a trip, if the event is postponed after the date the trip is booked, or if the event is cancelled in its entirely, the trip will be awarded without the event component (with nothing awarded in lieu of the event).
- If tickets/event attendance is for Winner and one or more guests, if Winner is a minor, at least one guest must be Winner’s parent or legal guardian.
- If Winner is not a minor, guests may not be minors unless the Winner is the parent/legal guardian of at least one of those guests.
- Unless otherwise specific in the Reward description, travel to/from the event is at the sole expense of the Winner.
- a. Sweepstakes are subject to all applicable federal, state, provincial and local rules, laws, and regulations, these Official Rules, and to any applicable Specific Sweepstakes Terms. By entering or participating in a Sweepstakes, or accepting a Reward in a Sweepstakes, the Eligible Participant or Winner fully and unconditionally accepts and agrees to be bound by the decisions of Sponsor, which are final and binding in all matters related to that Sweepstakes.
- b. Reward Limitations: Rewards must be accepted as awarded, are not transferable and may not be redeemed or exchanged for cash. No Reward substitutions allowed, except Sponsor may, at its sole and absolute discretion, substitute a Reward of equal or greater value if an advertised Reward becomes unavailable to award as planned. Rewards are subject to any terms and conditions of use as may be indicated thereon or in the Specific Sweepstakes Terms. If a Reward consists of a gift card, the gift card is subject to the terms and conditions set forth by the issuer. Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of a Reward or any component thereof; and (b) substitute a Reward or a component thereof for any reason with an alternative reward or reward component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award. By accepting a Reward, each winner agrees to waive all recourse against the Sponsor and all of the other Released Parties (as defined below) if a Reward or a component thereof does not prove satisfactory, either in whole or in part. None of the Released Parties (as defined below) makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Reward. To the fullest extent permitted by applicable law, the winner (and their guest if applicable) understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties (as defined below) should a Reward fail to be fit for its purpose or is in any way unsatisfactory.
- c. Taxes: Any and all federal, state/provincial, municipal and local taxes associated with acceptance and use of Reward(s) are the sole responsibility of Winner (or Winner’s parent/legal guardian, if Winner is a minor). For U.S. Winners, Sponsor will file an IRS Form 1099 for the total value of any Reward(s) valued at $600 or more awarded to Winner during a calendar year, and the Winner will be required to furnish his or her social security number and complete and return an IRS W-9 form for purposes of same as part of winner verification process.
- d. No Warranties: Sponsor has not made and is not responsible for, and hereby disclaims, to the extent permitted by applicable law, any representation, warranty or guaranty, express or implied, in fact or in law, relative to the Reward.
- e. Winner Notification and Verification: Unless otherwise specified, within two weeks of the drawing/random selection, the potential Reward winner(s) from a Sweepstakes will be notified by email at the email address associated with their BAUER MVP Account (the “Winner Notification”), and such Winner Notification may include as an email attachment an Affidavit/Declaration of Eligibility and Liability and Publicity Release (the “Reward Claim Form”), and if potential winner is Canadian, a mathematical skill-testing question (“Skill Question”), which the potential Canadian winner must accurately answer without mechanical or other aid in two minutes before being confirmed a Winner. In addition, if Sponsor so elects, the potential winner (and any guests participating in travel, experiential or event/ticket Reward) may be required to submit to a criminal background check prior to ticketing/booking/planning. In such case, potential winner and each guest agree to sign a waiver (“Background Waiver Form”) authorizing the background check and release of personal information to Sponsor and its representatives. If information is revealed or discovered about a potential winner or guest in the background check or otherwise, including without limitation that such potential winner/guest has been convicted, charged or accused of a crime, or is employed by a competitor (in situations where the prize might involve access to Sponsor’s facilities), or other information which (a) calls into question the safety of Sponsor personnel, other winners/guests, or participants in the activity, or (b) might threaten Sponsor’s proprietary information or security, Sponsor may disqualify the potential winner or guest entirely, or from participating in the Reward activity, in Sponsor’s sole and absolute discretion, and in such case each such potential winner and guest waives all rights to raise any objections and claims. Where permitted by applicable law, if a Reward Claim Form is attached, or if Background Waiver is attached, the potential winner (or their parent/legal guardian if such potential winner is a minor) will be required to complete, sign and return such forms to Sponsor within three (3) business days (or such other amount of time as may be stated in the Winner Notification) in order for the potential winner to be verified as the Winner and awarded the Reward. If the Winner Notification is returned as undeliverable, or if the potential winner does not respond to the Winner Notification as directed (including within the time frame directed), or if the potential winner fails to return the Reward Claim Form and Background Waiver Form (if either or both are required), or if the potential winner is determined to be ineligible or not in compliance with the Official Rules, or if the potential winner is Canadian and fails to accurately answer the Skill Question, then that potential winner may be disqualified and will forfeit any claim to the Reward, and Sponsor reserves the right, but not the obligation to select an alternate potential winner from the remaining eligible Shots for that Sweepstakes. If Sponsor elects to select an alternate potential winner, the same verification process will be followed. Unclaimed Rewards will not be awarded.
- The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in a Sweepstakes; (ii) for the purposes of verifying the eligibility of a Shot and/or other information entered (or purportedly entered) for the purposes of a Sweepstakes; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering a Sweepstakes in accordance with the Sponsor’s interpretation of the letter and spirit of these Official Rules and the Specific Sweepstakes Terms. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a Sweepstakes will be the official time-keeping device(s) used by the Sponsor.
- f. Publicity Release: By accepting a Reward, the Reward Winner (or in the case of a minor, parent/legal guardian on Winner’s behalf) consents to Sponsor’s use of Winner’s name, biographical information, likeness, and statements/quotes for advertising and publicity purposes, without limitation and without additional compensation, in any and all media worldwide, except where prohibited by law. Upon request, Reward Winner will sign any requested paperwork confirming those permissions and releases.
- g. Release of Liability: By entering a Sweepstakes or accepting a Reward, each participant and Winner agrees, to the fullest extent permitted by applicable law, to release Sponsor, Sponsor Personnel, Agency Personnel, Retailer Personnel, and any other parties involved in the planning, administration, execution and fulfillment of the Sweepstakes, and each of their employees, officers, directors, shareholders, agents, advisors, contractors and assigns (collectively, the “Released Parties”), from and against any and all liability, loss or damage of any kind arising out of or in connection with participant’s participation in the Sweepstakes, or with respect to Reward Winner’s acceptance, possession, use and/or misuse of any Reward.
- h. Jurisdiction and Applicable Law: For participants who are not residents of the province of Quebec, Canada: Any dispute arising from a Sweepstakes will be governed by and enforced in accordance with the laws of the State of New Hampshire, USA, without regard to conflict of law rules or principles. Without limiting the arbitration agreement set forth herein, each party agrees to submit to the personal jurisdiction of the state and federal courts located in Rockingham County, New Hampshire, USA, and to accept service of process from them.
- For participants who are residents of the province of Quebec, Canada: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Reward may be submitted to the board only for the purpose of helping the parties reach a settlement. Each participant acknowledges and agrees that in addition to the Official Rules, each Sweepstakes may be subject to any additional terms, restrictions, and limitations applicable thereto as may be indicated on the Winner Notification or other email correspondence from Sponsor.
- i. Limitation of Liability: Entering a Shot constitutes acceptance of any decision of Sponsor makes with respect to the Sweepstakes as final and binding. Sponsor is not responsible for (i) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes, (ii) any delays or human errors that occur in the processing, transmission or receipt of Shots, (iii) any inaccurate transcription of entry or participant information, (iv) any Shots that are misdirected or lost, (v) any faulty, failed, garbled or jumbled electronic data transmissions, (vi) any unauthorized access to or theft, destruction or alteration of Shots at any point in the operation of a Sweepstakes, (vii) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or provers utilized in any aspect of the operation of a Sweepstakes, (viii) inaccessibility or unavailability of the internet or the BAUER MVP Site or a Sweepstakes page or any other website, or (ix) any injury or damage to participant’s or to any other person’s computer which may be related to or result from any attempt to participate in a Sweepstakes.
- ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS, AND ASSIGNS, AND TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTICIPANT AND WINNER ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PARTIES FROM AND AGAINST ANY LIABILITY FOR ANY CLAIM, ACTION, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS OF LITIGATION), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE OFFICIAL RULES; (II) ANY SWEEPSTAKES; (III) ANY FAILURE, DELAY OR DECISION BY SPONSOR IN ADMINISTERING A SWEEPSTAKES; (IV) ANY BREACH OF SECURITY BEYOND SPONSOR’S REASONABLE CONTROL; OR (V) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT A SWEEPSTAKES OR PRIZE MADE BY SPONSOR OR ANY OTHER PERSON OR ENTITY. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if Sponsor or its representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPONSOR OR ITS AFFILIATED ENTITIES OR RETAILERS MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
- To the extent permitted by applicable law, by participating in a Sweepstakes, a participant waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence upon which the claim or action is based.
- Nothing in this section is intended to limit or alter a participant’s rights as a consumer that cannot be limited or altered under applicable law. Sponsor reserves all legal rights to recover damages or other compensation under these Official Rules or as allowed by law.
- j. Mandatory Arbitration and Class Action Waiver. For participants who are not residents of the province of Quebec, Canada: To the extent permitted by applicable law, by enrolling in or participating in a Sweepstakes, each such participant agrees (i) that all causes of action or claims arising out of or connected with a Sweepstakes or the determination of the applicability of this arbitration clause itself (each a “Claim”) shall be resolved individually, without resort to any form of class action, (ii) that any and all Claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees, and (iii) to submit any and all Claims or other disputes to be resolved through binding arbitration and not through court proceedings. The arbitration of the Claim or such other dispute shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable).
- To the extent permitted by applicable law, participants hereby waive any right to a jury trial of any Claim. Except as otherwise required under applicable law, and excluding participants who are residents of the province of Quebec, Canada, the participants and Sponsor each agree that any proceeding will be conducted only on an individual basis and each hereby waives any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding. If a court or arbitrator determines in an action between a participant and Sponsor that this class action waiver is unenforceable, the arbitration agreement will be void. If for any reason a claim proceeds in court rather than through arbitration, participant and Sponsor each waive any right to a jury trial.
- k. Cancellation, Termination, Suspension or Modification. Sponsor reserves the right, subject to the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, at its sole discretion, to cancel, terminate, suspend or modify a Sweepstakes (each a “Sweepstakes Change”) if the Sweepstakes cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or corruption of any sort, or force majeure event (including without limitation epidemic, pandemic, communicable, contagious or infection disease or public health quarantine that impacts the anticipated participation in the Sweepstakes, in the event of any accident, printing, administrative, or other error of any kind, in the event of disinterest in a Sweepstakes that results in fewer than twenty total Shots being entered, or for any other reason whatsoever. In any such Unforeseen Event, Sponsor may (a) cancel the BAUER MVP entirely, (b) award the Reward(s) from eligible Shots received prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Submissions have been received (as determined in Sponsor’s sole discretion), or (c) extend the entry period to allow time for more Submissions to be received. Sponsor also reserves the right, in its sole discretion, to disqualify any individual found to be violating these Official Rules or any Specific Sweepstakes Terms, or suspected of attempting to disrupt or defraud the Submission process or the operation of a Sweepstakes, and Sponsor may prosecute or seek other legal redress against anyone suspected of engaging in these acts. Sponsor reserves the right, subject only to the approval of the Régie in Québec, to adjust any of the dates, timeframes and/or other Sweepstakes mechanics or terms stipulated in these Official Rules or in the Specific Sweepstakes Terms to the extent deemed necessary by the Sponsor for any purpose including without limitation (x) verifying compliance by any participant, of a Shot, or of other information with these Official Rules or the Specific Sweepstakes Terms, or (y) as a result of any technical or other problems, or (z) in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules or the Specific Sweepstakes Terms.
- m. Winner(s) Lists: For the name of a major Reward Winners (those who win Rewards with an approximate retail value of $25 or more) from a particular Sweepstakes, mail a self-addressed stamped envelope to Bauer Hockey Winner’s List, 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2, to be received by Sponsor no later than 30 days following the end of the Sweepstakes that you are seeking a Winner List. Please indicate the name of the Sweepstakes for which you would like this information. If the Sweepstakes for which you would like the information is not clearly indicated, you may not receive a response.
- n. General: The invalidity or unenforceability of any provision of these Official Rules or the Specific Sweepstakes Terms 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 Official Rules or the Specific Sweepstakes Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
- Sponsor: Bauer Hockey, LLC, 100 Domain Dr., Exeter, NH 03833, United States and Bauer Hockey Ltd., 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2.