TAMPA BAY SPORTS STORE SWEEPSTAKES (“Sweepstakes”)
1. NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE APPLICABLE DRAWING. VOID OUTSIDE 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. 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 physically reside within Florida and are not otherwise barred by law from participating in the Sweepstakes at the date and time of entry. Employees, officers and directors of TB Sports Retail, LLC (“Tampa Bay Sports”, “Sponsor” or “Operator”), their advertising and promotions agencies (collectively, “Sweepstakes Entities”), and each of such employees’, officers’, and director’s immediate families (i.e., spouse and parents, children and siblings and their spouses) and individuals living in the same households of such individuals are ineligible to enter the Sweepstakes or win a prize. Eligibility is contingent on agreement to, and compliance with, these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. 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.
ENTRY PERIOD; HOW TO ENTER
4. Sweepstakes Period. The Sweepstakes begins at 3:00 PM Eastern Time (“ET”) on Thursday, June 20, 2019 and ends at 3:00 PM ET on Thursday, June 27, 2019 (the “Sweepstakes Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes.
5. How To Enter. During the Sweepstakes Period, participants may enter by signing in to his/her Instagram application, visiting the official Instagram feed of Tampa Bay Sports Store (https://instagram.com/shoptbsports), ‘liking’ the applicable Sweepstakes ‘post’ and commenting according to the instructions contained in such post. All comments must tag at least two (2) friends to be eligible (a “Comment Entry”). For a bonus entry, participants must ‘share’ a screenshot of the applicable Sweepstakes ‘post’ on their Instagram story and ‘tag’ @shoptbsports (each, a “Bonus Entry”).
Limit one (1) Comment Entry per person for the entirety of the Sweepstakes. There are no limits to the amount of Bonus Entries a participant may submit. Any attempt by a participant to obtain more than the stated number of entries by using multiple and/or different identities, Instagram accounts, registrations, email addresses, logins, or any other method will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Sponsor is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect, altered, tampered with, counterfeit, unauthenticated, late for any reason, or otherwise deficient or for any entries that are intercepted, illegible, misdirected, or otherwise unsuccessfully submitted or received during the Sweepstakes Period, whatever the cause and all such entries are void. Sponsor reserves the right in its sole discretion at any time to disqualify any entry that, or participant who, does not comply with these Official Rules in its sole discretion.
You must be an active holder of a non-private Instagram account and be a follower of @shoptbsports to be eligible to enter this Sweepstakes (i.e., you must make sure your Instagram story is set to “public” and not “private”). You must have an Instagram account to enter. If you do not have an Instagram account, you may sign-up for free by visiting www.instagram.com and following the enrollment instructions.
Entries that contain obscene or offensive language, or any language communicating messages inconsistent with the positive images to which the Sponsor wishes to associate, in Sponsor’s sole and absolute discretion, will be void. If you choose to participate using your mobile phone, standard date fees may apply. See your wireless provider for pricing plan details. Entries generated by script, macro, or other automated means or with the intent to subvert the entry process will be void.
Submission of your entry constitutes your consent to participate in the Sweepstakes and consent for Sponsor to obtain, use, and transfer your Instagram username, and other details for Sweepstakes administration purposes.
WINNER SELECTION & NOTIFICATION
5. Random Drawing. On or about June 27, 2019 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.
6. Potential winner will be notified via a “reply” by the Sponsor from the Sponsor’s Instagram handle to the participant’s entry comment (the “Prize Notification”). Participant must respond within seventy-two (72) 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 twenty-four (24) hours, or declines the Prize for any reason, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, Sponsor may (i) randomly select an alternate potential winner from among all remaining eligible entries, (ii) donate the Prize to a charitable organization of Sponsor’s choosing, or (iii) void the Prize.
7. Noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries. Participants acknowledge that (a) it is their responsibility to check their Instagram “replies” and/or notifications, and (b) Sponsor will not be held responsible for any failure by the Winner to timely claim the Prize in connection with the Winner’s failure to receive any “reply” and/or notification transmitted by Sponsor.
8. Prize: One (1) Winner will be awarded one (1) 2019 NHL Draft cap and one (1) autographed Roman Hamrlík cap (collectively, the “Prize”). Approximate Retail Value (“ARV”) of the Prize: $90.00.
9. Prize Conditions. Limit one (1) Prize per Winner per calendar year. All Prize details will be determined in the sole and absolute discretion of Sponsor. Winner is fully responsible for any and all applicable federal, state, territory, and local taxes (including income and withholding taxes). Any person who wins prizes through any Tampa Bay Sports-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS MISC 1099 form or other required tax form. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided, including but not limited to transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Any such changes will be announced.
10. Verification Paperwork: Sponsor may require the potential winner to provide his/her mailing address, telephone number, and other contact information, an executed (and if required, notarized) Affidavit or Declaration of Eligibility and Liability/Publicity Release, and a completed W-9 tax form (collectively, the “Verification Paperwork”) in order to receive the Prize.
11. Sponsor may, in its sole discretion, post the verified winner’s name and/or Instagram handle on the Sponsor’s website, including https://www.tampabaysports.com/ and on or in any of the Sponsor’s social media pages or channels.
12. Promotional Usage of Likeness. By accepting Prize, winner agrees to award Sponsor the right to publicize 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, except where prohibited.
13. 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.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES.
14. The term “Released Parties” shall mean (a) Sponsor; (b) Instagram, Inc. (“Instagram”); (c) Tampa Bay Sports and Entertainment LLC; (d) any other company involved in the development or administration of the Sweepstakes; and (e) their respective parent companies, subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons.
15. 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 or other 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 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 the Winner because of postal failure, equipment failure, or data storage failure; and (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, verification of the Winner, the Prize or otherwise in any other Sweepstakes and/or Sweepstakes-related materials.
16. 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.
17. 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.
18. BY PARTICIPATING IN THE SWEEPSTAKES, you FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, 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; (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.
19. 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.
20. Sponsor reserves the right to cancel, suspend or terminate the Sweepstakes, or other part thereof, if Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Sweepstakes has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Sponsor’s control. In such an event, the Sponsor will post notice at its website and/or Instagram page and select the Winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Sweepstakes or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
21. 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 attempting 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.
22. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
23. 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.
24. 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, seeding, 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.
26. 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.
27. 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.
28. By participating in the Sweepstakes, you expressly (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.
29. 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
30. NATIONAL HOCKEY LEAGUE (“NHL”), EACH OF THE 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 (“NHL ENTITIES”) 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.
31. Tampa Bay Lightning trademarks and copyrights are the property of Tampa Bay Lightning. All Rights Reserved.
32. 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
33. For a copy of the Official Rules of the Winner’s name, send a self-addressed, stamped envelope to Tampa Bay Sports Store Sweepstakes, 401 Channelside Drive, Tampa, Florida 33602, specifying either “Winner’s Name” or “Official Rules”. Winner’s name will be available after July 28, 2019.
34. 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.