EmpowerHER GRANT CONTEST
OFFICIAL RULES (Updated 1/11/2023)
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 EmpowerHER Grant Contest (the “Contest”) begins at 12:00:00 AM Eastern Time (“ET”) on Monday, January 23, 2023 and ends at 11:59:59 PM ET on Monday, March 6, 2023 (the “Contest Period”). The Contest consists of three phases (each, a “Phase”) as set forth in the table below.
Start Date (at 12:00:00 a.m. ET)
End Date (at 11:59:59 p.m. ET)
Monday, January 23, 2023
Monday, February 6, 2023
Tuesday, February 7, 2023
Sunday, February 12, 2023
Monday, February 20, 2023
Monday, March 6, 2023
2. HOW TO MAKE A SUBMISSION: During the Submission Phase, visit the Pittsburgh Penguins website at https://www.nhl.com/penguins/empowerhergrant (“Website”) and follow the directions provided to complete your nomination of your community Business (as defined below) (a “Submission”). Each Business nominated as part of a Submission must meet the Business Eligibility Requirements in Section 3(b) below. A “Submission” consists of the following:
a. Providing basic demographic and personal information of the submitting individual: name, email address, age, phone number and zip code.
b. Providing the name, address, and owner’s name of the Business to be nominated.
c. Answering the following questions:
i. What makes your Business/the Business you are nominating important in your community?
ii. What makes your Business/the Business you are nominating deserving to win the EmpowerHER grant?
iii. What differentiates your Business/the Business you are nominating from others?
iv. If nominating your own Business, how would this $25,000 grant support your Business? How would it make a difference both for the Business and your community? If nominating a Business, what would you like to see the $25,000 grant go towards improving or refining from a customer/client/employee perspective?
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 Business. 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 Businesses (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, the Pittsburgh Penguins’ 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 fifty (50) United States and D.C. and eighteen (18) years of age or older as of the time of entry. Each eligible person who makes a Submission is a “Nominator”.
b. Business Eligibility: Businesses eligible for nomination as part of a Submission must be a 100% woman-owned business that is located in one of the following counties in Pennsylvania: Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, Indiana, Lawrence, Washington or Westmoreland whose business purpose is not, and/or does not promote, activities that are (i) sexually explicit, obscene, pornographic, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), offensive, threatening, profane, or harassing; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing) or any activities that may appear unsafe or dangerous; or (iii) promote any political or religious agenda or message (a “Business”).
c. Business Verification: Once a Submission has been made for a Business, the Business is subject to certain verification of eligibility requirements set forth by Sponsor, including the requirements listed below (“Business Verification”). The owner/operator of the Business 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 Business;
· Sign and return an affidavit of eligibility; and
· Agree to be bound by the Official Rules of the Contest.
If the owner(s) of a nominated Business cannot be reached (regardless of reason), does not respond within the designated time or any nomination notification is returned as undeliverable, then such Business may be deemed ineligible. Sponsor and the Pittsburgh Penguins LP and each of their employees, 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.
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. Nominators must have permission/authorization from the Business to submit the Business in this Contest and provide all required information in the Submission.
5. INITIAL JUDGING AND VOTING:
a. Initial Judging Phase: During the Initial Judging Phase, all eligible Submissions for Businesses that have passed the Business Verification will be judged by a panel of Sponsor and Pittsburgh Penguins LP representatives, based on the following judging criteria:
i. Description of the Business needs and how it would help the community (30%);
ii. Description of why the Business is important to the community (30%);
iii. Sponsor’s assessment of the current health and status of the Business (e.g., impact of the pandemic on the Business, how the Business has helped the community) (30%); and
iv. Number of Nominations (or votes) received (i.e., all eligible Submissions for a particular Business will be judged in the aggregate) (10%).
The three (3) Businesses with the highest scores (each, a “Finalist”) will move to the Voting Phase. Sponsor reserves the right, in its sole discretion, to choose less than three (3) Finalists if Sponsor determines that there are less than three (3) Businesses that adequately meet the judging criteria above. 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 Business they deem most deserving. Only votes made through the Website will count. Limit: one (1) vote per person, per day, per email address. For the purposes of this Contest, a “day” is defined as 12:00:00 a.m. until 11:59:59 p.m. The Finalist with the most votes at the end of the Voting phase will be the Grand Prize winner (the “Winner”), subject to verification. 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 in-game at PPG Paints Arena at the Pittsburgh Penguins vs. New York Rangers game on Sunday, March 12th, 2023. 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 Business Verification. Within three (3) days following the date of notification, the potential Finalists must complete, sign and return as instructed a 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. . GRAND PRIZE: One (1) Grand Prize Winner will receive a Twenty-Five Thousand Dollar ($25,000) grant (in the form of a check or wire transfer awarded in the name of the Business, to be determined in Sponsor’s sole discretion) from Sponsor towards making business improvements (“Grand Prize”).
Total ARV of all prizes to be awarded in the Contest: $25,000.
8. PRIZE RESTRICTIONS/LIMITATIONS: Winner may make no substitution or transfer of the Grand Prize. The Grand Prize is not exchangeable for cash. 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.
9. PUBLICITY: Participation in the Contest constitutes permission to the Licensed Parties to use the Nominator’s and Business’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 Business will sign and return a publicity release and such other documents as may be required pursuant to these Official Rules.
10. GENERAL CONDITIONS: By participating, each Nominator (and participating Business, 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 Business’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, Businesses 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 Businesses 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 Business has been selected to receive a prize.
11. DISPUTES: Except where prohibited, all Nominators (and participating Businesses, 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 Business 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.
12. 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.
13. SPONSOR: 84 Lumber Company, 1019 Route 519, Eighty Four, PA 15330.
14. LIST OF CONTEST WINNER: To obtain a complete list of winners, send a self-addressed, stamped envelope by June 7, 2023, to “EmpowerHER Grant Contest”, c/o Bernadette Provost, 1001 Fifth Avenue, Pittsburgh, PA 15219. Please include on the outer envelope “EmpowerHER Grant Contest”.
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