TAMPA BAY SPORTS STORE GAME 5 SWEEPSTAKES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID OUTSIDE OF FLORIDA AND WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
2.The Tampa Bay Sports Store Game 5 Sweepstakes (“Sweepstakes”) is subject to these official rules (the “Official Rules”).
3. Eligibility. Sweepstakes is open only to individuals who are legal residents of the United States, who are eighteen (18) years of age or older, and are not otherwise barred by law from participating in the Sweepstakes at the date and time of entry. Employees, officers, directors, agents, representatives and volunteers of TB Sports Retail, LLC (“Tampa Bay Sports”, “Sponsor” or “Operator”)Tampa Bay Arena, LLC d/b/a Amalie Arena (“TBA”), VSG Enterprises LLC (“VSGE”), Lightning Hockey LP (“Lightning”), and any other entity directly involved in the development or administration of the Sweepstakes, and the members of their immediate families (defined as spouses, parents, children, and siblings) and households, are not eligible to enter or win. The term “household” includes all persons residing together (part-time or full-time) in a single residence, whether or not related. Winners of a TBA-sponsored prize within the current calendar year are not eligible. The use of multiple identities is prohibited and will void each of that participant’s/person’s entries.
4. Sweepstakes is subject to all federal, state and local laws. Sponsor shall be entitled to interpret these Official Rules as needed – including but not limited to rules regarding deadlines, winner selection, prize restrictions, and eligibility – and all such decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and/or in any other Sweepstakes and/or Sweepstakes-related advertising or materials.
5. Sweepstakes Period. The Sweepstakes begins at or about 9:00 AM Eastern Time (“ET”) on September 26, 2020 and ends at or about 9:00 AM ET on September 27, 2020 (“Sweepstakes Period”). The Sponsor’s computer is the Sweepstakes official clock.
ENTRY INTO THE SWEEPSTAKES
- How to Enter. During the Sweepstakes Period, participants may enter by signing into his/her Facebook application, visiting the official Instagram account of Tampa Bay Sports (http://www.instagram.com/shopTBsports) (the “Official Instagram Account”), ‘liking’ the applicable sweepstakes ‘post’, and ‘tagging’ friends in the comments (an “Entry”). Entries must be received by 9:00 AM ET on September 27, 2020 to be eligible. IF YOU CHOOSE TO ENTER USING YOUR MOBILE DEVICE, STANDARD DATA RATES APPLY. EACH WIRELESS CARRIER’S DATA RATE PLAN MAY VARY, AND YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR INFORMATION ON DATA RATE PLANS AND CHARGES RELATING TO YOUR PARTICIPATION IN THIS SWEEPSTAKES.
- http://www.Instagram.com and following the enrollment instructions.
DETERMINATION OF WINNER; PRIZE
- Random Drawing. On or about September 28, 2020, Sponsor will randomly select one (1) potential winner from all Entries received during the Sweepstakes Period (“Prize Drawing”). Subject to verification of eligibility and compliance with the requirements below, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”). The decision of Sponsor is final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of entries received.
- Prize: One (1) Winner will be awarded one (1) autographed Tampa Bay Lightning jersey (the “Prize”). Approximate Retail Value (“ARV”): $250. Sponsor reserves full discretion in selecting the player that autographs the jersey.
- All Prize details shall be at Sponsor’s sole discretion. The Prize consists only of those items specifically listed as part of the Prize. Winner assumes sole responsibility for all expenses and incidental costs associated with the Prize not explicitly outlined above, including without limitation, all federal, provincial, state and local taxes (if any), VAT taxes or fees, surcharges, fees, tips, gratuities, parking, concessions, souvenirs, merchandise, additional or non-included transportation, travel or lodging, food, beverages, snacks, Internet access, personal items, service or facility charges, and upgrades. Any person who wins prizes through any TBA/Lightning-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 MISC Form or other required tax document(s).
- The potential winner will be notified via a “reply” and/or “direct message” from Sponsor via the Official Instagram Account, determined by Sponsor in its sole and absolute discretion (the “Prize Notification”). Participant must respond within forty-eight (48) hours of the issuance of the “reply”, as determined by Sponsor in its sole and absolute discretion. In the event that any potential winner does not respond to any such Prize Notification within forty-eight (48) hours, or declines the Prize for any reason, the Prize will be forfeited and, at Sponsor’s sole discretion, Sponsor may (i) donate the Prize to a charitable organization of Sponsor’s choosing, or (ii) void the Prize.
- The potential winner will be notified as set forth above and may be required to present valid photo identification and/or to execute and return an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents (collectively, the “Verification Paperwork”) to Sponsor as a condition of receiving any Prize. Sponsor in its sole discretion may allow for transmission of Verification Paperwork from Winner via e-mail. A PARTICIPANT IS NOT A ‘WINNER’ OF THE SWEEPSTAKES PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY. If Verification Paperwork is provided to Winner, Winner must return the completed Verification Paperwork within forty-eight (48) hours of receipt.
- Sponsor may, in its sole discretion, post verified Winner’s name on Sponsor’s website(s), including https://www.nhl.com/lightning, and on or in any of the Sponsor’s and/or Lightning’s social media pages or channels.
- Promotional Usage of Likeness: Except where prohibited, participation in the Sweepstakes constitutes each participant’s consent to Sponsor’s and its affiliates’, agents’ or affiliated third parties’ use of his or her name, photographs (including the use and appearance of his or her photograph on Sponsor’s website/social media pages or channels), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation.
- Participant Warranties and Representations.By entering into the Sweepstakes and submitting an Entry, each participant agrees to be bound by these Official Rules and warrants and represents that he/she is eligible to enter the Sweepstakes in accordance with any and all applicable law and these Official Rules.
- Fraud: In the event that Sponsor learns of any fraud (or any intended fraud) in connection with the presentation of the Sweepstakes or the distribution/collection of any Prize, or in the event Sponsor otherwise learns of any other illegal activity in connection with the Sweepstakes, Sponsor may modify or cancel the Sweepstakes. Any and all such determinations shall be made in the sole reasonable judgment of Sponsor. All Sweepstakes decisions shall be final, and each entrant will have no right, pursuant to these Official Rules or otherwise, to challenge the Sweepstakes or the Prize decisions.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES.
- The term “Released Parties” shall mean (a) Sponsor; (b) Lightning; (c) TBA; (d) VSGE; (e) the NHL, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, National Hockey League Foundation, NHL Foundation, each of the other thirty (30) member clubs of the NHL, and each of their respective subsidiaries or affiliated entities, including any entity which, now or in the future, controls, is controlled by, or is under common control with the NHL or any of its member clubs, and the directors, officers, employees, partners, shareholders, owners and agents of the above entities (collective, the “NHL Entities”); (f) Instagram, LLC ("Instagram"); (g) any other company involved in the development or administration of the Sweepstakes; and (h) their respective parent companies, subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons.
- By participating in the Sweepstakes, you agree that the Released Parties: (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic; (b) are not responsible for any incorrect or inaccurate information, whether caused by participant’s printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes, the printing of this offer, the administration of the Sweepstakes, the selection or announcement of the Winner(s) or Prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Sweepstakes or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Sweepstakes; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select Winner(s) because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Sweepstakes, selection of Winner(s), verification of the Winner(s), the Prize or otherwise in any other Sweepstakes and/or Sweepstakes-related materials; (h) are not responsible for any interruptions/postponement/cancellation of the Sweepstakes; and (i) are not responsible for any other errors or malfunctions, even if caused by the negligence of any one or more of the Released Parties.
- RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO prize. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE SWEEPSTAKES OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE SWEEPSTAKES PAGE OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SWEEPSTAKES.
- By participating in the Sweepstakes, you agree to release, defend, indemnify and hold Released Parties harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation, or inability to participate, in the Sweepstakes, or any Sweepstakes-related or Prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Sweepstakes; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the Prize; and (d) any other claim or cause of action you may have against any Released Party.
- BY PARTICIPATING IN THE SWEEPSTAKES, you FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THESWEEPSTAKES OR THE PRIZE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES. WITHOUT LIMITING THE FOREGOING, BY PARTICIPATING IN THE SWEEPSTAKES AND/OR ACCEPTING THE PRIZE, you RELEASE, FOREVER DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER, WHICH YOU MAY NOW OR HEREAFTER ASSERT.
- SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- Sponsor reserves the right to terminate, cancel, suspend and/or modify the Sweepstakes, or other part thereof, if intervening circumstances warrant, within Sponsor’s sole discretion, due to any fraud, virus or other technical problem which corrupts the security, administration, operation, fairness and/or proper play of the Sweepstakes, or for any other reason. In such an event, Sponsor reserves the right to select the Winner from all non-suspect entries received prior to the suspension, cancellation, termination, and/or modification of the Sweepstakes or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
- Sponsor reserves the right to disqualify any individual from further participation in the Sweepstakes if Sponsor concludes, in its sole discretion, that such person (a) has attempted to tamper with any entries or the operation of the Sweepstakes, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules or (c) has acted towards Sponsor or any other participant or person in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempts to submit entries except as permitted herein, including by using any prohibited device or method. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR OTHER REMEDIES AGAINST SUCH INDIVIDUAL(S) AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- All activity arising out of and relating to the Sweepstakes, including any reference to the status of any person as a "winner" is subject to verification and/or auditing for compliance with the Official Rules. If Sponsor determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or participant with the Official Rules, Sponsor reserves the right to disqualify such entry and/or participant from the Sweepstakes and prize at any time. Sponsor reserves the right to conduct a background check on any potential winner and to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a Prize to any such individual might reflect negatively on Sponsor. Each participant agrees to cooperate with Sponsor and its representatives in connection with all verification, auditing and/or background check activities.
- Sponsor reserves the right to correct typographical, printing or clerical errors in any Sweepstakes-related materials. No more than the stated number of Prizes will be awarded. If production, technical, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing from among all legitimate, un-awarded, eligible Prize claims.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant’s or Released Parties in connection with the Sweepstakes, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
- Arbitration: Except where prohibited by law, by participating in the Sweepstakes, you expressly agree that (a) all disputes and causes of action arising out of or connected with the Sweepstakes or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules in Tampa, Florida; and (b) judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- By participating in the Sweepstakes, youexpressly (a) agree that any legal proceedings arising out of or relating in any way to the Sweepstakes or these Official Rules shall be brought only in the federal or state courts located in Hillsborough County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Sweepstakes-related materials, including but not limited to television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
NHL & Trademarks
- NHL ENTITIES (DEFINED ABOVE) WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES OR THE PRIZE. THE NHL ENTITIES HAVE NOT OFFERED OR SPONSORED THE SWEEPSTAKES IN ANY WAY.
- Tampa Bay Lightning trademarks and copyrights are the property of the Lightning. All Rights Reserved.
- Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
Winner’s Name/Official Rules
- For a copy of the Official Rules or the Winner’s name, send a self-addressed, stamped envelope to Tampa Bay Sports Store Game 5 Sweepstakes, 401 Channelside Drive, Tampa, Florida 33602, specifying either “Winner’s Name” or “Official Rules”. Winner’s name will be available after December 15, 2020.
- Sponsor. TB Sports Retail, LLC, 401 Channelside Drive, Tampa, FL 33602. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering, you are providing your information to Sponsor and not to Instagram.