(a) This “SIDNEY CROSBY FAN ART CONTEST” contest is open to individuals who are at least 18 years of age or older at time of Contest Entry. No purchase is necessary. Employees and immediate family members (consisting of any spouse, sibling, grandparent, or any other person living in the same household of an employee) of Pittsburgh Penguins LP, Pittsburgh Penguins LLC, Pittsburgh Community Rink Operating LP, are ineligible to participate in the Contest.
(b) The Contest is governed by the law of the Commonwealth of Pennsylvania. All federal, state, and local laws and regulations apply. Void where prohibited by law. Contest is subject to modification or cancellation by Sponsor, in the sole discretion of Sponsor.
(c) Any individual that makes a submission to Sponsor in connection with this Contest is referred to herein as a “Contestant,” or collectively, as “Contestants.”
Contest begins at 9:00 a.m. EST on July 24, 2019 and ends at 11:59 p.m. EST on Thursday, August 8, 2019. All submissions must be received within the Timeframe in order to be considered eligible for the Prize (as hereinafter defined). To enter, Contestants must submit a Qualifying Submission (as hereinafter defined) in form of a photo (.jpg or .png) at pens.pe/2JHa4La.
(a) By participating in the Contest, Contestant acknowledges that the Contest Entry form may require, among other things, the submission of various pieces of pseudo-personal information, including Contestant’s (i) full name, (ii) a valid email address and phone number, (iii) residential zip code, (iv) current employer’s zip code, if any, and (v) date of birth.
3. Qualifying Submission.
(a) All mediums of Penguins themed artwork, including, without limitation, original (i) paintings, (ii) photographs, (iii) drawings, (iv) sculptures, and (v) computer generated artwork (any image generated with the assistance of a computer/tablet, computer program, or similar means), are acceptable (the “Qualifying Mediums”). Each Contestant may enter one submission.
(b) If a Contestant’s submission is (i) made during the Timeframe and (ii) a Qualifying Medium, the submission tendered shall be deemed a “Qualifying Submission.”
(c) In the event that a Contestant submits the Maximum Number of Entries (1), any submission/entry that follows the initial entry will not be considered for the Prize (the “Rejected Submission”). Contestant shall have the option, however, in Contestant’s discretion, to withdraw a prior Qualifying Submission in lieu of the Rejected Submission, provided that such substitution is request is made in writing and received by Sponsor a minimum of twenty-four (24) hours before the end of the Timeframe (the “Substituted Submission”).
(d) Sponsor shall not have any liability, to Contestant or otherwise, in the event that the Substituted Submission is not timely entered into the Contest and/or adjudicated by the Panel (as hereinafter defined).
(a) Six (6) Contestants will be selected as finalists for the Contest (each, a “Finalist” and collectively, the “Finalists”). The Finalists will be selected in accordance with Section 5. The Qualifying Submissions submitted by Finalists that are selected by the Panel are the “Finalist Submissions.”
(b) One Finalist (the “Winner”) will be selected in accordance with Section 5 to receive the signed painting from Sidney Crosby.
(c) The Prize shall be distributed to the Winner at PPG Paints Arena, on a time and date as and when determined by Sponsor.
(d) The Winner shall be solely responsible (in its sole cost and expense) for (i) any taxes due on the Prize and any costs and fees associated with collecting the Prize, (ii) any costs or fees associated with creating/producing the Qualifying Submission, and (iii) any costs or fees associated with submitting the Qualifying Submission to Sponsor.
(a) Sponsor shall designate a judge or a panel of judges (the “Panel”) to adjudicate the Contest and the Qualifying Submissions of Penguins theme art. The precise number of judges on the Panel shall be determined at the sole discretion of Sponsor. The Panel shall be selected by Sponsor in its sole discretion.
(b) The Finalists will be selected by the Panel from the Qualified Submissions based on a one hundred (100) point system wherein two (2) criteria are evaluated: (i) visual impact and (ii) conceptual impact (the “Criteria”). The Criteria may be changed in Sponsor’s and/or the Panel’s discretion.
(c) Following determination of the Finalists by the Panel, the Finalist Submissions shall be voted upon by fans and the Winner will be selected according to the fan vote (the “Fan Vote”), which will begin at 2:00 p.m. EST on August 2, 2019 and ends at 11:59 p.m. EST on August 8, 2019. The Finalist Submission selected for the Prize is referred to herein as the Selected Submission”.
(d) Contestant hereby acknowledges that (i) the precise weight/point allocation given to, as well as the content of, the Criteria is solely in the discretion of the Panel, (ii) all Contest decisions shall be final, and (iii) Contestants will have no right, pursuant to these Official Rules or otherwise, to challenge the decisions of the Panel, the Fan Vote, and/or the Prize decisions.
(e) The Winner will be notified by Sponsor (or its designated agent) via email on or before August 9, 2019 at 5:00 p.m. EST. If the Winner does not respond to Sponsor within four (4) days of the notification email, Winner will forfeit any and all interest in the Prize, and Sponsor shall have the authority, in its sole discretion, to select an alternate winner (the “Alternate Winner”). In the event that Sponsor elects to select an Alternate Winner pursuant to the terms of this Section 5, Sponsor will not have any further obligation to the original winner and the original winner will have no claim against Sponsor.
(f) The Winner may be required to execute an affidavit of eligibility and liability/publicity release within seven (7) days following the date of notification under Section 5(e). Non-compliance within this time period may result in disqualification and selection of an Alternate Winner.
(g) Acceptance of the Prize constitutes express permission for Sponsor and its affiliates and agencies (if any) to (i) showcase the Selected Submission in and around PPG Paints Arena (the “Showcase”), (ii) to use the Winner’s name, address (city and state), and/or likeness for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, unless prohibited by law, and (iii) to be informed by telephone or email of information regarding the sale of tickets, products, and/or services offered by the Pittsburgh Penguins, its affiliates, and its sponsors.
(a) Winner hereby grants Sponsor and its related and affiliated entities a non-revocable, non-exclusive license to copy, publish, perform, or otherwise feature, in any medium, whether now known or hereinafter developed (including, without limitation, in television, print, or on the internet), the Selected Submission in any of their respective advertising, marketing, and/or promotional initiatives (the “Promotional Use Rights”).
(b) Sponsor and Winner hereby agree that: (i) the Promotional Use Rights shall encompass, without limitation, any PPG Paints Arena and/or Pittsburgh Penguins media platforms or campaigns, (ii) any exercise by Sponsor or its related entities of its Promotional Use Rights shall not entitle Winner to any compensation, and (iii) Sponsor shall not have the right to sell, license, or otherwise grant any intellectual property rights associated with the Selected Submission to any third party without the prior written consent of Winner.
(a) By entering into the Contest, Contestant agrees to be bound by these Official Rules, and any revised version hereof, and warrants, represents, and covenants (as applicable) (i) that Contestant is eligible for the Contest, (ii) that Contestant shall indemnify, hold harmless, and defend Sponsor, the Excluded Entities, and each of their respective parents, members, partners, managers, subsidiaries, affiliates, officers, employees, independent contractors, agents, successors, and assigns from and against any and all claims, demands, actions, suits, or other proceedings arising in connection with the Contest from the wrongful or negligent acts of Contestant, including, but not limited to, the character, contents, and subject matter of any Contest submission or any Qualified Submission, and to pay all costs, expenses, liabilities, liens, and judgments arising hereunder including, but not limited to, attorney’s, paralegal, and other professional fees each at all stages of litigation and appeals and during any negotiations, mediations, arbitrations, trials, and appeals, and (iii) that Contestant has full copyright ownership rights in and to any Contest submission and any Qualifying Submission and that the submission, publication, and/or reproduction of the Qualifying Submission in connection with the Contest will not, in any way, infringe upon the rights of any third party or will not otherwise violate 17 U.S.C.
(b) Contestant consents to Sponsor’s (or its affiliates’) use of Contestant’s personal information, as described in Section 5 above.
(c) By entering into the Contest, Contestant releases and holds harmless the Sponsor and its respective parents, subsidiaries, affiliates, partners, members, officers, employees, and agents and representatives from any and all liability or any injury, loss, or damage of any kind arising from or in connection with this Contest and the Prize.
8. Dispute Resolution: In the event that litigation is initiated in order to enforce and/or interpret any provision of these Official Rules or to resolve a dispute about the Prize, the Showcase Period, or the Contest, the proper venue for any such litigation shall be Allegheny County, Pittsburgh, Pennsylvania. The prevailing party shall be reimbursed by the non-prevailing party for all costs and fees, including attorneys’ fees and court costs, incurred by the prevailing party in connection with such litigation.
10. WAIVER: Contestants, by Contest Entry, waive any right to claim ambiguity in regard to the interpretation or implementation of these Official Rules.
11. Winner Confirmation; Official Rules: For the name of the Winner or to receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Pittsburgh Penguins “Pittsburgh Penguins “SIDNEY CROSBY FAN ART CONTEST”; 1001 Fifth Ave; Pittsburgh, PA 15219. Indicate “Rules Request” (must be received July 24, 2019 – August 11, 2019) or “Winner Confirmation” (request must be received by August 11, 2019) on front of envelope.