Degree/USA Hockey
2012 Youth Hockey Jersey Giveaway Program
TERMS AND CONDITIONS
NO PURCHASE NECESSARY. The “2012 Youth Hockey Jersey Giveaway Program” (the “Program”) and participation therein is governed in all respects by these Terms and Conditions. By participating in the Program, each participating Association (as defined below), regardless of whether such Association is selected to receive Program Jerseys (as defined below) fully and unconditionally agrees to be bound by and accepts these Terms and Conditions and the decisions of USA Hockey, Inc. (“USA Hockey”), Conopco, Inc. d/b/a Unilever (“Degree”) and the designated Program administrators regarding the Program (including, without limitation, decisions regarding the eligibility of participating Associations, selection of Associations to receive Program Jerseys, and the satisfaction of conditions to receive Program Jerseys). The Program is void outside the fifty (50) United States and the District of Columbia, and where prohibited or restricted by law. The Program is not a sweepstakes, contest or raffle of any kind.
PROGRAM LIMITATIONS: A PARTICIPATING ASSOCIATION ACKNOWLEDGES AND AGREES THAT PARTICIPATION IN THE PROGRAM IS FREE AND THAT DEMAND FOR PROGRAM JERSEYS WILL EXCEED THE SUPPLY OF PROGRAM JERSEYS; ACCORDINGLY A PARTICIPATING ASSOCIATION FURTHER ACKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE OF BEING SELECTED TO RECEIVE PROGRAM JERSEYS, AND NEITHER USA HOCKEY, DEGREE OR THE PROGRAM ADMINISTRATORS SHALL HAVE ANY LIABILITY FOR AN ASSOCIATION’S FAILURE TO BE SELECTED TO RECEIVE PROGRAM JERSEYS. PROGRAM JERSEYS WILL BE DISTRIBUTED ONLY WHILE SUPPLIES LAST. IN THIS PROGRAM, ONLY A MAXIMUM OF UP TO 90,015 PROGRAM JERSEYS IN THE AGGREGATE WILL BE DISTRIBUTED TO A MAXIMUM OF UP TO 5,295 ASSOCIATIONS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
ELIGIBILITY; PHASE 1 AND PHASE 2 OF THE PROGRAM: The Program is only open to youth hockey associations that that are registered and in good standing with USA Hockey and have a valid USA Hockey association code (as determined by USA Hockey in its sole discretion) (an “Association”); . Notwithstanding the foregoing, an Association that received jerseys in any previous Degree/USA Hockey Youth Hockey Jersey Program (including the 2009 and 2010 Degree/USA Hockey Youth Hockey Jersey Programs) is ineligible to participate in Phase 1 of the Program where Program Jerseys are made available to Associations that have not previously received jerseys. If Program Jerseys are still available after Registrations are accepted for Phase 1 of the Program, a Phase 2 of the Program will be conducted that will be open to all eligible Associations.
TO PARTICIPATE: Between 12:00 p.m. Eastern Time (“ET”) on April 3, 2012 and 11:59 p.m. ET on May 31, 2012 (the “Registration Period”), visit USAHockeyDegreeJerseyProgram.com and follow the on-screen instructions and directions to fully complete and submit a Program registration (a “Registration”). The Program administrator’s computer will be the official timekeeping device for the Program. If there is a Phase 2 of the Program, Phase 2 will begin on April 5, 2012 at 12:00 p.m. ET. All Registrations must be fully completed, submitted and received during the Registration Period to be eligible. Incomplete or inaccurate Registrations may be disqualified in USA Hockey’s sole discretion. The individual completing the Registration must be a legal resident of the fifty (50) United States or the District of Columbia, eighteen (18) years of age or older, and an authorized representative of the Association. LIMIT: One (1) Registration per Association in the Program. Multiple Registrations will be void and the subject Association may be disqualified from the Program. Registrations generated by script, macro or other automated means or by any means which subvert the Program process are void. All Registrations become the property of USA Hockey and will not be acknowledged or returned. Proof of submission of a Registration is not proof of receipt of a Registration by USA Hockey or the Program administrator.
SELECTION TO RECEIVE PROGRAM JERSEYS: The first 5,295 eligible Associations who timely submit an eligible Registration (all as determined by USA Hockey and the Program administrator in their sole discretion) will be eligible to receive Program Jerseys, subject to verification of eligibility and compliance with these Terms and Conditions. In the event of receipt of multiple registrations occurring at the same time, USA Hockey and the Program administrator may determine the order of receipt (or deemed order of receipt) by any method determined by USA Hockey and the Program administrator in their sole discretion. Potential recipients will be notified by mail, overnight courier, phone, and/or e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, if the notice of selection is returned as undeliverable, or if a potential recipient is not in compliance with these Terms and Conditions, the potential recipient may be disqualified and the next eligible recipient selected as a potential recipient. All participating Associations and potential recipients are subject to verification by USA Hockey; unverifiable participants or recipients may disqualify the subject Association.
PROGRAM JERSEYS: Subject to these Terms and Conditions, each Association selected to receive Program Jerseys in accordance with these Terms and Conditions will receive one (1) set of seventeen (17) mid-weight knit hockey practice jerseys in pre-determined sizes and colors (“Program Jerseys) for each 12 and Under travel and/or house league team in the Association (i.e., 7/8 year old team(s), 9/10 year old teams and 11/12 year old teams). Approximate Retail Value (“ARV”) is $188.85 each set. Total ARV of all Program Jerseys to be given away in this Program is $1,000,000.00. Reasonable efforts will be made to accommodate size and color requests, but recipients are not guaranteed that their requested sizes and/or colors will be available, and exact sizes and colors of jerseys will ultimately be determined at USA Hockey’s and the Program administrator’s sole discretion. Program Jerseys are awarded “AS IS” with no warranty, representation or guarantee, either express or implied, in fact or in law, made by USA Hockey, Degree, the Program administrators, or for which any of them can be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Recipients may not substitute, assign or transfer a Program Jersey award or redeem the award for cash, but USA Hockey reserves the right, in its sole discretion, to substitute a Program Jersey award (or portion thereof) with one of comparable or greater value. Program Jersey recipients are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with award acceptance and use.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or garbled
Registrations, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the receipt or processing of Registrations, the announcement of potential recipients or in any Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the any website associated with the Program.
Persons who tamper with or abuse any aspect of the Program or any website associated with the Program or who are in violation of these Terms and Conditions, as solely determined by USA Hockey, may be disqualified and all associated Registrations will be void. Should any portion of the Program be, in USA Hockey’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of USA Hockey, corrupt or impair the administration, security or fairness of the Program, including without limitation, the submission, receipt or processing of Registrations, USA Hockey reserves the right at its sole discretion to suspend, modify or terminate the Program and, if terminated, at its sole discretion, select potential Program Jersey recipients from all eligible, non-suspect Registrations received prior to action taken or as otherwise deemed fair and appropriate by USA Hockey. WARNING: ANY ATTEMPT TO DAMAGE THE PROGRAM WEBSITE OR DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, USA HOCKEY, DEGREE AND THE PROGRAM ADMINISTRATOR EACH RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Participants, by participating in the Program, agree that USA Hockey, Degree, Weber Shandwick, Total Hockey, Inc., and their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by participants and recipients against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Program Jersey award or participation in the Program. Each Association that receives Program Jerseys, by acceptance of the award, except where legally prohibited, grants permission for USA Hockey and its designees to use the Association’s name, address (city and state) and award information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding Registrations received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of submission of the eligible Registration will be deemed to be the submitting party and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
Under no circumstances will a participating Association be permitted to obtain awards for, and each participating Association hereby waives all rights to claim punitive, incidental and consequential damages (including, without limitation, lost profits) and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. USA Hockey’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. These Terms and Conditions will be governed by the laws of the State of Colorado, without regard to any of its conflict of laws provisions that would cause the laws of another jurisdiction to apply. Each participating Association agrees that any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado. Each participating Association hereby submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction.
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