“RENOVATE THE RINK” CONTEST
NO PURCHASE NECESSARY TO ENTER THE CONTEST. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or otherwise restricted by law.
1. OVERVIEW: The “Renovate the Rink” Contest (the “Contest”) begins at 12:00 AM Eastern Time (“ET”) on October 17, 2019 and ends at 11:59 PM ET on March 9, 2020 (the “Contest Period”). The Contest consists of three phases (each, a “Phase”) as set forth in the table below.
Start Date (at 12:00 a.m. ET)
End Date (at 11:59 p.m. ET)
October 17, 2019
November 30, 2019
December 1, 2019
February 16, 2020
February 17, 2020
March 9, 2020
2. HOW TO MAKE A SUBMISSION: During the Submission Phase, visit the Pittsburgh Penguins website at pittsburghpenguins.com/renovatetherink (“Website”) and follow the directions provided to complete your nomination of your community Rink (as defined below) (a “Submission”). Each Rink nominated as part of a Submission must meet the Rink Eligibility Requirements in Section 3(b) below. A “Submission” consists of the following:
a. Providing basic demographic and personal information: name, email address, age and zip code.
b. Providing the name and address of the Rink to be nominated.
c. Answering the following questions:
i. What makes your Rink so important to your community?
ii. What Rink renovation (excluding ice renovation) do you think your Rink should use the $100,000 renovation budget towards (Example: upgrade a bathroom, paint the entry, upgrade the concession stand, etc.) and how would the renovation benefit your community?
iii. Why should your Rink be chosen as the winner of the Contest?
iv. Are you associated with a hockey association and, if so, which one?
Submissions must comply with the Submission Guidelines in Section 4 below. LIMIT: one (1) Submission per person. Multiple people may enter a Submission on behalf of the same Rink. All Submissions must be received by the Submission End Date noted in Section 1 above. The Released Parties (as defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, gargled, delayed or misdirected Submissions; all of which are void. By participating, Nominators and Rinks (both as defined below) agree to be bound by the Official Rules and the decisions of Sponsor, which are binding and final on all matters relating to the Contest. Contest is subject to all applicable federal, state and local laws. VOID WHERE PROHIBITED. For purposes of this Contest, Sponsor’s computer will be the official time keeper.
a. Nominator/Voter Eligibility: To be eligible to make a Submission and/or vote in the Voting Phase you must be a legal resident of the 50 United States and D.C. and 18 years of age or older as of the time of entry. Each eligible person who makes a Submission is a “Nominator”.
b. Rink Eligibility: Rinks eligible for nomination as part of a Submission must be a community ice rink that is located in one of the following counties in Pennsylvania: Allegheny, Armstrong, Beaver, Butler, Fayette, Indiana, Lawrence, Washington or Westmoreland (a “Rink”).
c. Rink Verification: Once a Submission has been made for a Rink, the Rink is subject to certain verification of eligibility requirements set forth by Sponsor, including the requirements listed below (“Rink Verification”). The owner/operator of the Rink must:
· Consent to participate in the Contest;
· Submit to a credit check and complete any documentation required by Sponsor to complete such credit check;
· Provide all requested documentation to prove full ownership of the Rink or the right to make improvements to the property;
· Sign and return an affidavit of eligibility; and
· Agree to be bound by the Official Rules of the Contest.
If the owner/operator of a nominated Rink cannot be reached (regardless of reason), does not respond within the designated time or any nomination notification is returned as undeliverable, then such Rink may be deemed ineligible. Sponsor and the Pittsburgh Penguins LP and each of their parent companies, affiliates, subsidiaries, related companies, representatives and agents (collectively, “Contest Parties”) and members of their immediate families (spouse and parent, children, siblings and their respective spouses, regardless of where they reside or persons living in the same household (whether related or not)), are not eligible to participate in the Contest. The UPMC Lemieux Complex is also not eligible.
4. SUBMISSION GUIDELINES: Each Submission must meet the following criteria, as applicable:
· Answers to the three (3) Submission questions must be no more than 3,000 characters per question and must be in English;
· Submission must be an original work of the Nominator;
· Submission must not:
o contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), offensive, threatening, profane, or harassing;
o promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing) or any activities that may appear unsafe or dangerous;
o promote any political or religious agenda or message;
o contain material that violates or infringes another's rights, including, but not limited to, material that violates privacy, publicity or intellectual property rights or that constitutes copyright infringement.
· Notwithstanding the foregoing, Sponsor reserves the right to permit, in its sole discretion, incidental and non-infringing uses of trademarks owned by others.
By entering a Submission, Nominators represent and warrant (a) the Submission is original; (b) the Submission has not been previously published; (c) the Submission meets the Submission Guidelines; and (d) publication of all or a portion of the Submission in any medium will not infringe the rights of any third party. By entering a Submission, Nominators grant Sponsor, the Pittsburg Penguins LP and each of their affiliates, employees and agents (the “Licensed Parties”) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Nominator will sign any documentation that may be required for the Licensed Parties to use the Submission as set forth herein. Nominators also agree to indemnify and hold harmless the Licensed Parties from any claims arising out of the Submission or the use thereof by the Licensed Parties.
5. INITIAL JUDGING AND VOTING:
a. Initial Judging Phase: During the Initial Judging Phase, all eligible Submissions for Rinks that have passed the Rink Verification will be judged by a panel of Sponsor and Pittsburgh Penguins LP representatives, based on the following judging criteria:
i. Description of the Rink improvement needed and how it would help community (30%);
ii. Description of why the Rink is so important to the community (30%);
iii. Sponsor’s assessment of current condition of facility (30%); and
iv. Number of Nominations (or votes) received (10%).
The three (3) Rinks with the highest score (each, a “Finalist”) will move to the Voting Phase. Sponsor reserves the right, in its sole discretion, to choose less than three (3) Finalists. Sponsor will not disclose judging scores. Decisions of the Sponsor and judges are final and binding.
b. Voting Phase/Winner Announcement: During the Voting Phase, the Finalists chosen by the judges will be posted to the Website for public vote. During the Voting Phase, individuals who meet the eligibility requirements in Section 3(a), and who register using his/her Facebook account or email address, can vote for the Rink they believe needs a makeover the most. Only votes made through the Website will count. Limit: one (1) vote per person, per day, per email address. The Finalist with the most votes at the end of the Voting phase will be the Grand Prize winner (the “Winner”). In the event of a tie, the affected Submissions will be reviewed by an additional judge who will serve as tiebreaker and evaluate the nominations according to the criteria set forth in Section 5(a) above. The Winner will be announced at a Pittsburgh Penguins hockey game on or about March 20, 2020. All decisions of Sponsor regarding the Contest are final and binding on all participants, and selection of all Finalists and the Winner is within the sole discretion of Sponsor.
6. NOTIFICATION: The potential Finalists will be notified by phone or email using the contact information provided during the Rink Verification. Within five (5) days following the date of notification, the potential Finalists must complete, sign and return as instructed: (a) a Services Agreement, and (b) W9 form. If a potential Finalist cannot be reached (regardless of reason), does not respond within the designated time, or any prize notification is returned as undeliverable, the potential Finalist may be disqualified, and an alternative Finalist may be chosen based on the next highest judging score received. Failure to sign the Services Agreement within Sponsor’s designated time period will cause the potential Finalist to forfeit the Grand Prize. Upon disqualification at any stage, no further compensation will be given. Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s sole discretion. In the event that a potential Finalist or potential Winner is disqualified for any reason, another Finalist or Winner may be selected. Sponsor, in its sole discretion, may limit the number of attempts to award a prize (as described below) to two (2) attempts. In such case, if a potential Finalist or potential Winner cannot be confirmed after two (2) attempts, the prize may remain un-awarded, in Sponsor’s sole discretion.
7. SERVICES AGREEMENT: Notwithstanding anything to the contrary herein, until Sponsor and the potential Winner enter into an agreement that governs the terms of the Rink improvement, including that all aspects of the renovation are subject to Sponsor’s final approval (the “Services Agreement”), the potential Winner shall not be eligible for any portion of the Grand Prize (as defined below). Failure to sign a Services Agreement satisfactory to Sponsor in its sole but reasonable discretion will result in that potential Winner’s disqualification as set forth herein.
8. GRAND PRIZE: One (1) Grand Prize Winner will receive up to One Hundred Thousand Dollars ($100,000) in goods and services from Sponsor towards renovating a portion of the rink (excluding the ice) (e.g., the concession stand, entrance, lobby area, locker-rooms, stands/seating) (“Grand Prize”). THE SCOPE AND SCHEDULE OF THE RENOVATION WILL BE DETERMINED BY SPONSOR IN CONSULTATION WITH THE WINNER. NOTWITHSTANDING, SPONSOR SHALL HAVE FINAL APPROVAL, IN ITS SOLE AND ABSOLUTE DISCRETION, OVER ALL ASPECTS OF THE RENOVATION, INCLUDING WITHOUT LIMITATION, THE AREA OR PART OF THE RINK TO BE RENOVATED.
Total ARV of all prizes to be awarded in the Contest: $100,000.
9. PRIZE RESTRICTIONS/LIMITATIONS: The Grand Prize includes only cosmetic renovations that can be viewed by the public (e.g., paint, tile work, etc.), and excludes, for example, structural changes, plumbing, HVAC updates, score boards, dasher boards, and ice work. Renovation (including, without limitation, labor, materials, taxes, fees and permits) must fit within the Grand Prize budget, unless otherwise expressly agreed by Sponsor. Additional terms and restrictions may apply depending on final scope of the renovation. Winner acknowledges that the renovation schedule may vary depending on availability of select materials, scheduling conflicts, weather, etc. Winner may make no substitution or transfer of the Grand Prize. The Grand Prize is not exchangeable for cash. In the event that the renovation ends up being less than $100,000, Winner forfeits the remainder of the Grand Prize value. All federal, state and local taxes on Grand Prize are the sole responsibility of the prize winner. The Grand Prize consists of only those items specifically stated as part of the prize. All expenses and costs associated with the acceptance or use of the Grand Prize that are not expressly specified in these Official Rules as being part of the prize are the sole responsibility of the prize winner. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. If required by law, winner will be issued a 1099 tax form or similar form for the prize value. UNLESS OTHERWISE EXPRESSLY AGREED BY SPONSOR, THE GRAND PRIZE RENOVATION MUST BE COMPLETED WITHIN SIX (6) MONTHS OF AWARDING THE PRIZE OR THE WINNER WILL FORFEIT ANY AND ALL RIGHT IN AND TO THE PRIZE.
10. PUBLICITY: Participation in the Contest constitutes permission to the Licensed Parties to use the Nominator’s and Rink’s name, city and state of residence, Submission, comments, quotes and other information provided in connection with the Contest for advertising and publicity purposes without prior notice, approval or inspection, and without compensation (unless prohibited by law). If requested, Nominator and/or participating Rinks will sign and return a publicity release and such other documents as may be required pursuant to these Official Rules.
11. GENERAL CONDITIONS: By participating, each Nominator (and participating Rink, if not same) agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, the Pittsburgh Penguins LP, the Pittsburgh Penguins Foundation, their respective parent, affiliates, subsidiaries, and advertising and Contest agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Nominator’s and/or Rink’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel or activity related thereto). Nominators, Rinks and the prize winner agree to confirm the foregoing grants in writing upon Sponsor’s or its designee’s request and to cooperate with Sponsor by executing any additional documents Sponsor deems necessary in its discretion to secure all rights needed for Sponsor to use nomination materials for advertising and/or promotional purposes. Failure to confirm these grants in writing may result in disqualification of the prize winner, at Sponsor’s sole discretion. The prize winner may be featured in follow-up promotional materials and activities of Sponsor. Sponsor reserves the right to modify and/or edit any Submission copy for the purpose of press releases and for feature stories in publications. By participating in the Contest, Nominators and participating Rinks acknowledge and agree that publication of a Submission on the Website or in any other media at any time during the Contest in no way indicates that a Rink has been selected to receive a prize.
12. DISPUTES: Except where prohibited, all Nominators (and participating Rink, if not same) agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts in the Commonwealth of Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) Nominators and Rink owners and operators hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Submissions 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the Voting Phase, or the announcement of the Grand Prize. 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 Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Contest or Website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submissions will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or entry of Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect Submissions received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
SPONSOR: Pittsburgh Commercial Construction, LLC, 3471 Babcock Boulevard, Suite 205, Pittsburgh, PA 15237.
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