NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE "BLUES WIN IT ALL" SWEEPSTAKES PROMOTION (THE "PROMOTION") AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY WITHIN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ("TERRITORY") AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CALIFORNIA STATE LAW. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY, PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY, OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
The "Blues Win It All" Sweepstakes Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. PROMOTION DESCRIPTION: The "Blues Win It All" Sweepstakes Promotion is sponsored by Fox Sports Net Midwest ("Sponsor") located at 333 South 18th Street, Suite 300, St. Louis, Missouri 63103 and is administered by Shoutlet, Inc. ("Administrator") located at 1 Erdman Place, Suite 102, Madison, Wisconsin 53717. The Promotion's website is located at http://www.facebook.com/foxsportsmidwest ("Facebook Page") and the Promotion is related to Sponsor's coverage and telecast of the St. Louis Blues post season professional hockey games and any ancillary programming related thereto. The Promotion begins on April 8, 2014, and ends on the earlier of the (i) 2014 post-season elimination of the St. Louis Blues; or (ii) conclusion of the 2014 National Hockey League's post-season (such entire period of time shall be referred to hereinafter as the "Promotion Period"). The Promotion may consists of up to sixteen (16) independent Promotion sweepstakes (each a "Sweepstakes" collectively "Sweepstakes"), with one (1) prizewinner selected for each Sweepstakes. A Sweepstakes will occur only in the event that the St. Louis Blues win a post-season game (each a "Game" collectively "Games"). Each prizewinner will be randomly selected to receive a prize as more specifically described below. By participating in this Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and/or Administrator, which shall be final and binding in all matters relating to this Promotion.
2. ELIGIBILITY: The Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are eighteen (18) years of age or older at the time of entry and have a valid account on facebook.com ("Facebook"). Obtaining a Facebook account is absolutely free. To obtain a Facebook account, go to www.facebook.com (the "Facebook Website") and follow the instructions to create a Facebook account ("Facebook Account").Void where prohibited by law. Officers, directors, and employees of Sponsor, Administrator, St. Louis Blues Hockey Club, L.P, NHL Enterprises, L.P its teams and related entities, Fox Cable Network Services, LLC, Fox Entertainment Group, and The News Corporation, Inc., and each of their parent, subsidiary and affiliated companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters, and web suppliers (collectively, the "Promotion Entities") and each of their immediate family members (children, spouse, parents, siblings) and individuals residing in their same household, whether or not related are ineligible to enter the Promotion or win a prize. Your Facebook Account will be governed by the Facebook terms of service, which are located at https://www.facebook.com/#!/policies. Violation of the Facebook terms of use or any other third party polices is strictly prohibited and any entrant or entries that are found in violation will automatically be ineligible to participate in this Promotion. Entrants should read the terms and conditions that apply to Facebook or any other third party services or applications that the entrants download or use in connection with the Promotion. Sponsor is not responsible for the conduct of such third parties. Entrants should read the terms and conditions that apply to Facebook or any other third party services or applications that the entrants download or use in connection with the Promotion. Sponsor is not responsible for the conduct of such third parties. This Promotion is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Facebook is not affiliated with this Promotion in any way and Facebook is not responsible for the administration of the Promotion or the awarding of prizes. The potential prizewinners of the Sweepstakes may be required to show proof of residency
3. WHEN TO ENTER: No purchase necessary to enter or win. The Promotion begins at 6:00:01 p.m. Central Time ("CT") on April 8, 2014 and ends on the earlier of the (i) 2014 post-season elimination of the St. Louis Blues or (ii) conclusion of the 2014 National Hockey League's post-season (such entire period of time shall be referred to hereinafter as the "Promotion Period"). To be eligible for a Sweepstakes and all subsequent Sweepstakes, all entries must be received by the end of the Promotion Period. Sponsor's database clock shall be the official timekeeping device for all entries received in this Promotion. All non-winning entries from one Sweepstakes will rollover into all subsequent Sweepstakes.
4. HOW TO ENTER: A computer with internet access is required to participate in this Promotion. Each entrant must enter the Promotion through the Promotion's application on the Facebook Platform located at http://www.facebook.com/foxsportsmidwest ("Facebook Page"). To be eligible for this Promotion, during the Promotion Period, each entrant must "Like" the Facebook Page. The entrant will then be redirected to the Promotion's registration form. Each entrant must complete and submit the Promotion's registration form in its entirety, which may include without limitation, an entrant's full name and e-mail address. Upon completion of the aforementioned process, the entrant will receive one (1) entry into the applicable Sweepstakes. If an entrant has previously "Liked" the Facebook Page, the entrant will see a "Win It All" icon. The entrant must then click on the "Win It All" icon to automatically be redirected to the Promotion's registration form. Each entrant must complete and submit the Promotion's registration form in its entirety, which may include without limitation, an individual's full name and e- mail address. Upon completion of the aforementioned process, the entrant will receive one (1) entry into the applicable. All required information must be completed to in order to enter into the Promotion and to be eligible to win. All entries must be received by the end of the Promotion Period in order to be eligible.
Each entrant must provide a valid Facebook to be eligible. Proof of entering the required information on the Promotion's registration page is not considered proof of delivery to or receipt by Sponsor of entry into the Promotion. In the event of a dispute regarding the identity of who actually submitted an entry, the entry will be deemed submitted by the "authorized account holder" of the Facebook Account supplied at the time of entry. The authorized account holder is defined as the natural person to whom the applicable Facebook Account has been assigned by the Facebook Website. Proof (to Sponsor's satisfaction) of being the authorized account holder may be required by Sponsor, in Sponsor's sole and absolute discretion. There is a limit of one (1) entry per person, per e-mail address, per Facebook Account, throughout the entire Promotion Period.
All entries become the exclusive property of Sponsor and will not be acknowledged or returned. As permitted by law, each entrant agrees that personal information collected in connection with this Promotion may be shared with the Promotion Entities and Sponsor's' other promotional partners to contact you regarding promotional updates; information; messages; and for other reasons via electronic and/or ordinary mail and, will be used by Sponsor and such promotional partners in compliance with their respective privacy practices. Without otherwise limiting the foregoing, any personal information supplied by a Promotion entrant to Sponsor will be subject to Sponsor's privacy policy posted at http://msn.foxsports.com/privacy-policy ("Privacy Policy"). By entering the Promotion, each entrant grants Sponsor permission to share your email address and any other personally identifiable information with the other Promotion Entities for the purpose of Promotion administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in the Privacy Policy. Entry must be made by the entrant, only in the manners as set forth herein. All other methods of entry are considered void.
Note: Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void, including but not limited to entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The use of any device to automate the entry process is prohibited. Multiple entrants are not permitted to share the same Facebook Account. Any attempt by any participant to obtain more than one (1) Entry by using multiple/different Facebook Accounts, identities, registrations or logins, or any other methods will be declared void and as such deemed ineligible for this Promotion. Any entrant who attempts to repost the same Facebook post repeatedly will be deemed ineligible. The use of any device to automate the entry process is prohibited.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users, wireless users, or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the entries in the Promotion and/or any Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for lost, incomplete, late, damaged, or misdirected entries, email messages; or other communications malfunctions; interrupted or unavailable network, server or other connections including those through and/or by the Facebook Page or foxsportsmidwest.com; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to an entrant's or any other person's computer related to or resulting from participation in this Promotion or by visiting the Facebook Page or foxsportsmidwest.com; printing or other errors appearing within these Official Rules or in any Promotion-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise.
5. WINNER SELECTION AND NOTIFICATION: Up to a total of sixteen (16) prizewinners may be selected to win a prize. One (1) prizewinner for each Sweepstakes will be selected in a random prize drawing for each Game. For the purposes of clarity, a Sweepstakes will only occur in the event that the St. Louis Blues win a post-season game. Each entrant should check their local listing for the St. Louis Blues' post-season schedule. Within one (1) business day following a Game, a Sweepstakes will be conducted to select one (1) potential prizewinner from all eligible entries received. Determination of the prizewinner for each
Sweepstakes shall be made by Sponsor or Sponsor's agent in its sole and absolute discretion, and such determination shall be final and binding. Each prizewinner will be notified by e-mail on the on the same day in which the prizewinner's name was selected, using the contact information provided at the time of entry. Sponsor shall have no liability for any prizewinner notification that is lost, intercepted or not received by any potential prizewinner for any reason. Time is of the essence in awarding the prize. If, despite reasonable efforts, any potential prizewinner that cannot be reached by telephone, US mail and/or e-mail, or does not respond within three (3) days of the initial attempt to notify the potential prizewinner, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential prizewinner, such potential prizewinner will forfeit his or her prize and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received inclusive of all non-winning eligible entries from previous Sweepstakes, if any. Sponsor may successively attempt to contact up to two (2) potential prizewinners in accordance with such procedure, and if there is still no confirmed prizewinner of the prize after such attempts have been made, if any, the prize may go unawarded if the prize remains unclaimed. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received.
6. PRIZES/ODDS: Up to a total of sixteen (16) prizes may be awarded. Each Sweepstakes prize shall consist of one (1) pole banner autographed by a St. Louis Blues team player. The Approximate Retail Value ("ARV") of each Sweepstakes' prize awarded is Two Hundred Dollars ($200). The ARV should all prizes be awarded in connection with this Promotion is Three Thousand Two Hundred Dollars ($3,200).
Each prizewinner shall be solely responsible for all other expenses not specified herein as being awarded including without limitation, delivery, processing, and handling fees. Odds of winning depend on the actual number of eligible entries received.
If applicable to any prize awarded herein, the prizewinner's companion must be eighteen (18) years of age or older in order to participate or if such companion is under the age of eighteen (18) the prizewinner must be such companion's parent or legal guardian to participate in the prize activities.
7. GENERAL PRIZE RESTRICTIONS: All Minors (as defined below) must be accompanied, at all times, by an adult. The potential prizewinners are subject to verification. The prizes are not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsor reserves the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The prizes are non-assignable and nontransferable. If lost, the prize awarded herein or any portion thereof will not be replaced. The prize or any portion thereof will not be substituted, except at Sponsor's sole discretion due to unavailability and then only for a prize of equal or greater value except where prohibited by law. The prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on the prize received. If any potential prizewinner declines the prize or any portion thereof, is found to be ineligible, or fails to comply with these Official Rules, such potential prizewinner may be disqualified and will forfeit the prize he or she otherwise might have received. In the event the prizewinner or his or her guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsor reserves the right to terminate the applicable event in whole or in part, and send the prizewinners and/or his or her guests home with no further compensation. Upon verification of entrant's win and compliance with these Official Rules, delivery of the prize will be coordinated by a representative of Sponsor and the prizewinners will receive further notification with details on how to claim the prize. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion.
8. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential prizewinner fully complies with these Official Rules. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The prizewinners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prizewinners will be required to execute an Affidavit of Eligibility, a Liability Release, and where imposing such condition is legal, a Publicity Release (collectively, "Prize Claim Documents"). If a prizewinner is not of legal age of majority in his or her state of residence (a "Minor") at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of the prizewinner, or the parent or legal guardian of the prizewinner will be required to ratify and sign Prize Claim Documents. The Prize Claim Documents must be returned within the time frame indicated on the documents. If the potential prizewinner (or, in the case of a Minor, such Minor prizewinner's parent or legal guardian) fails to return such documents within the prescribed time, or if a potential prizewinner is found to be ineligible, or if he/she does not comply with these Official Rules, then the potential prizewinner will be disqualified and an alternate prizewinner may be selected from the remaining eligible entries.
Depiction of any prize in any advertising, promotional materials may not reflect the actual prize delivered to the prizewinner. Sponsor or its agents shall not be responsible for delays in delivery of any prize or any portion thereof once it has been shipped by Sponsor or its agents. Prizewinners shall bear all risk of loss or damage to the prize or any portion thereof after it has been delivered to the prizewinner.
9. CONDITIONS OF PARTICIPATION: This Promotion is subject to all applicable federal, state, and local laws. By entering the Promotion, each entrant hereby: (a) agrees that the Promotion Entities and Facebook will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion or any Promotion-related activity, or for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Promotion and from injuries or damages arising in connection with or relating to participation in this Promotion, or use or misuse of the prize or any portion thereof; and (c) waives any right to claim ambiguity in the Promotion or these Official Rules. This Promotion may not be used for any form of gambling.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
10. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes prizewinner's permission for Sponsor to use prizewinner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities and Facebook (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for misdirected telephone transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion or any Sweepstakes if it determines, in its sole discretion, that the Promotion or the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion or the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Promotion or any Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Promotion or any Sweepstakes. If the Promotion or any Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide prizewinners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE PROMOTION, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA
WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES 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 SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL PROMOTION ENTITIES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
12. WINNER'S LIST/OFFICIAL RULES: Visit http://msn.foxsports.com/midwest/win-it-all-sweepstakes to view a copy of the Official Rules. To view any legally required winner's list http://www.foxsportsmidwest.com. Any legally required winner's list may be available for a period of thirty (30) days following the end of the Promotion Period. The Official Rules may not be available following the end of the Promotion Period.
13. SPONSOR:
Fox Sports Net Midwest
333 South 18th Street, Suite 300
St. Louis, Missouri 63103
14. ADMINISTRATOR:
Shoutlet, Inc.
1 Erdman Place, Suite 102
Madison, Wisconsin 53717
