The Easton Hockey - HockeyBarn.com Mr./Ms. Clutch Challenge (the "Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. All registrants under the age of eighteen (18) must have expressed, written consent from a parent/guardian. Employees of Interactive Sports Network, LLC, Easton-Bell Sports, Inc., and Formula PR are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes.
The Sweepstakes is presented by the following organizations (the "Sponsors"):
-Interactive Sports Network, LLC, 201 50th Avenue, New York, NY 11101.
-Easton-Bell Sports, 7855 Haskell Ave, Van Nuys, CA 91406.
Applications to become a Clutch Performer ("Contestant") will be accepted from July 27, 2009 at 12 p.m Eastern Time ("ET") until August 7, 2009 at 2:30 p.m. ET (the "Application Period"). Administrator's computer is the official time-keeping device for the Sweepstakes.
All videos produced by the Contestants must be received by HockeyBarn.com by a time and date to be determined by the Sponsors after the selection of the contestants (the "Submission Period"). Videos will not be accepted after this Submission Period, and Contestants for whom HockeyBarn.com does not have a video by this Submission Period will be disqualified and expelled from the Sweepstakes.
All Contestant videos will be published on HockeyBarn.com. Commenting will be accepted adjacent to the videos on each video page. The video that attains the highest number of total comments from unique users by a time and date to be determined at the sole discretion of the Sponsors will win the Prize.
The winner of the Sweepstakes will be announced during a week in September to be determined by the Sponsors at their sole discretion.
One pair of Easton SE16 skates will be awarded to the contestant whose video page on HockeyBarn.com yields the most comments (the "Prize"). Only one comment will be counted per registered user per video. For example, if a friend of a Contestant enters multiple comments on the video page of a single video, that person's comments will only count once towards the official Sweepstakes tally.
Contestants may not create alias accounts, intended solely for the purpose of adding comments to the Sweepstakes videos ("Dummy Accounts"). ANY CONTESTANT WHO IS DEEMED TO HAVE CREATED A DUMMY ACCOUNT WILL BE DISQUALIFIED FROM THE SWEEPSTAKES.
In the event of a tie, the tie break will go to the Contestant whose video has the highest user rating on HockeyBarn.com (the "Site). In the event of a second tie break, a coin toss between the Contestants with the top two videos will determine the winner.
The winner will be notified by email during a week in September, 2009. The winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, potential winner forfeits the Prize. The winner must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. In the event that a winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner in the order of Contestants whose videos have produced the most comments. Only three (3) alternate winners will be announced after which the prize will remain un-awarded. Prize will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
The grand Prize is one pair of Easton SE16 skates. The prize is non-transferable and no substitution will be made except as provided herein at the Sponsors' sole discretion. Sponsors reserve the right to substitute prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depend on the number of eligible Contestants during the Submission Period.
By receipt of any prize, winner agrees to release and hold harmless Sponsors, Administrators, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsors and their agents' use of winner's name, likeness, photograph, voice, opinions, hometown and state, and videos for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsors reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. Sponsors reserve the right, in their sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Sweepstakes or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In the event that 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, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Except where prohibited, contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York.