NESN’s Biggest, Baddest Bruins Giveaway Promotion (the “Promotion”) Official Rules – 2023
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in the Promotion, you agree to abide by these official rules (these “Rules”), which are a contract, so read them carefully before participating. This contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies, as well as your agreement that all disputes relating to the Promotion will be resolved solely by binding arbitration.
NESN BIGGEST, BADDEST BRUINS GIVEAWAY
Enter the NESN Biggest, Baddest Bruins Giveaway (the “Sweepstakes” the “Promotion”) for a chance to win the ultimate Bruins Opening Night experience (as described below). The Sweepstakes and redemption of the Prizes is subject in all respects to the terms and conditions of these Rules. These terms supplement and incorporate by reference the NESN 360 Terms of Service and Terms of Use. NESN reserves the right at its sole discretion, to substitute Prizes based on availability. NESN is the sponsor and administrator of the Sweepstakes and is responsible for the fulfillment of the Prizes.
ELIGIBILITY AND PARTICIPATION
Beginning on April 24, 2023 at 6:00 p.m. ET and continuing until September 15, 2023 at 11:59 p.m. ET (the “Entry Period”), the Sweepstakes is open to all legal residents of Connecticut (excluding Fairfield County), Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont who are 18 years of age or older. Employees, officers and managers/directors of NESN, Boston Professional Hockey Association d/b/a Boston Bruins (the “Bruins”), the Boston Red Sox Baseball Club Limited Partnership (the “Red Sox”), and each of their respective Affiliates (defined below), as well as any of their respective sponsors, advertising and promotion agencies (including their immediate family members, regardless of where they reside, or those living in the same household, whether or not related) are not eligible to enter the Sweepstakes or to redeem the Prize (defined below). “Affiliate” means, with respect to a party, any individual or entity controlled by, controlling or under common control with, such party. The term “control” shall mean, with respect to any entity, the ability to vote fifty percent (50%) or more of the voting securities or other comparable equity interests in such entity or to otherwise influence and direct the policies and management of such entity. Each person that is eligible to participate in the Sweepstakes in accordance with this paragraph shall be referred to as an “Eligible Person.”
HOW TO ENTER TO WIN
Eligible Persons can enter the Sweepstakes during the Entry Period in the following ways:
- Monthly Subscriber Online Entries: Each Eligible Person will automatically receive one (1) entry in the Sweepstakes when they purchase a NESN 360 monthly subscription on or before April 24, 2023 and maintain such subscription from the date of purchase through the end of the Entry Period (an “Online Entry”). Incomplete or inaccurate Online Entries are void. Use of the Site is governed by NESN’s website Terms of Use and Privacy Policy available at: https://nesn.com/terms-of-use/ and https://nesn.com/privacy-policy/, respectively. Online Entries received outside the Entry Period are ineligible and void.
or:
- E-Mail Entry: An Eligible Person who wishes to enter the Sweepstakes but does not wish to complete an Online Entry (an “E-mail Entrant”) can send an e-mail to sports@NESN.com during the Entry Period with “2023 Biggest, Baddest Bruins Giveaway E-mail Submission” in the subject heading of the e-mail and the following in the e-mail message: (a) the E-mail Entrant’s full name, mailing address (including city, state and zip code), and day and evening telephone numbers (including area codes); and (b) the statement “I acknowledge that I have read, understand and agree to the 2023 Biggest, Baddest Bruins Giveaway Official Rules” (such entry, an “E-mail Entry”). Incomplete or inaccurate E-mail Entries are void. NESN will use the E-mail Entrant’s e-mail and contact information solely for Contest administration purposes. E-mail Entries must be received by NESN during the Entry Period to be valid. E-mail Entries received outside the Entry Period are ineligible and void.
Each Online Entry and E-Mail Entry shall be referred to as a “Sweepstakes Entry.”
A maximum of one (1) Sweepstakes Entry will be accepted per Eligible Person, regardless of method of entry. In case of more than one (1) Sweepstakes Entry received from the same name, email address and/or phone number, only the first Sweepstakes Entry received from such name, e-mail address or phone number will be accepted. An Eligible Person can enter the Sweepstakes via the Online Entry method or the E-mail Entry method described above and cannot use both methods to generate additional Sweepstakes Entries beyond the permitted amount. Additional Sweepstakes Entries beyond the specified limit will be void and not counted. Incomplete or inaccurate Sweepstakes Entries are void. NESN is not responsible for lost, misdirected, illegible, damaged, postage due or undelivered Sweepstakes Entries. Sweepstakes Entries that have been tampered with or altered, mass Sweepstakes Entries or Sweepstakes Entries generated by scripts, macro or other automated means or with the intent to affect the integrity of the Sweepstakes are void. The time of receipt of any Sweepstakes Entry shall be the time it is made available to NESN via the NESN.com platform, in the case of Online Entries or Additional Online Entries, or the sports@NESN.com inbox, in the case of E-mail Entries. NESN’s computer will be the official clock of the Sweepstakes. No other method of participation will be accepted other than as set forth above.
Participants may be given the option to receive (a) commercial e-mail from NESN and/or (b) mobile text messages and updates from NESN; however, eligibility to participate in the Sweepstakes is not dependent upon a Participant’s consent to receive such e-mails or mobile text messages and updates, and consenting to receive such e-mails or mobile text messages and updates will not impact any Eligible Person’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
SWEEPSTAKES DRAWING
One (1) winner will be selected in a random drawing conducted by NESN following the conclusion of the Entry Period from among all eligible Sweepstakes Entries received by NESN (each, a “Drawing”). After confirming a winner’s eligibility under, and agreement to abide by, these Rules, NESN will confirm such winner’s status as a “Winner” under these Rules. The Winner may be required to submit his or her valid social security number, driver’s license, passport or other identification to NESN to confirm eligibility and redeem the Prize. NESN’s decisions regarding the Sweepstakes and the selection of the Winner are final.
The Winner will be announced by NESN within 30 days following the Drawing on the Site.
SWEEPSTAKES PRIZE
The Winner will receive the ultimate Bruins Opening Night experience that includes the following (collectively, the “Prize”):
- Two (2) tickets to the first Boston Bruins home game of the 2023-24 season at TD Garden (ARV $500 USD)
- One (1) 2023 Winter Classic jersey signed by Brad Marchand (ARV $250 USD)
- One (1) $200 Banners Kitchen & Tap gift card (ARV $200 USD)
- One (1) $200 Boston ProShop gift card (ARV $200 USD)
The Odds of winning the Prize depend on the number of valid Sweepstakes Entries received. The Prize will be fulfilled by NESN. The Winner is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes) incurred in connection with the Winner’s redemption of the Prize. All costs and expenses associated with Prize redemption that are not specified herein as being covered by NESN, including any lodging, transportation costs, parking, meals, gratuities and other expenses incurred by a Winner or his or her guest in connection with Prize redemption, are the sole responsibility of the Winner. Each Prize is non-transferable and non-assignable, with no substitutions for cash or any other item. The Prizes may not be resold or offered for resale by the Winner or any third party, or used by the Winner or a third party for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture. Notwithstanding anything to the contrary, NESN reserves the right, in its sole discretion and at any time, to: (i) cancel or suspend the Promotion or Sweepstakes (or any portion thereof); or (ii) substitute or modify any Prize with a prize of comparable or greater value to be determined by NESN in its sole discretion.
PRIZE WINNER NOTIFICATION
The Winner will be notified by e-mail or phone call (using the e-mail address and/or phone number provided on the Winner’s Sweepstakes Entry) promptly following the Drawing, and given instructions on how to claim their Prize (“Winner Notification”). The Winner will be required to execute and return an affidavit of eligibility and release of liability provided by NESN (the “Affidavit”) within two (2) days of notification in order to claim his or her Prize. Failure to timely provide any identification or return any documentation required by NESN may result in disqualification and Prize forfeiture. If, for any reason, a Winner is (i) not an Eligible Person or NESN is unable to timely confirm such Winner’s eligibility in accordance with these Rules, (ii) unable or unwilling to timely return all identification and documentation required by NESN in order to claim the Prize (including the Affidavit), or (iii) unable or unwilling to redeem the Prize, then NESN reserves the right to randomly select another potential Winner or no Winner.
SUBJECT TO TAX REGULATIONS
The Prize is subject to all applicable U.S. federal, state and local tax regulations, including applicable IRS reporting and withholding requirements, as well as the applicable tax laws of any foreign jurisdiction. Taxes on the Prizes are the sole responsibility of the Winners, and the value of the applicable Prize may be deemed ordinary income to the Winner by the IRS. Each Winner should consult his or her personal tax advisor regarding redemption of the Prize. NESN may require the Winners to complete and submit certain documentation required under U.S. federal, state or local tax regulations and to provide his or her social security number or other identification as a condition of redeeming the Prizes. In addition, NESN may require the Winners to sign and deliver a waiver of liability and publicity release (where not prohibited by law) and other documentation prior to delivering the Prizes. Failure to timely complete, sign and return any such documentation, noncompliance with these Rules or NESN’s inability (after the exercise of reasonable efforts) to deliver the claimed Prize or Winner Notification, as the case may be, may result in disqualification and Prize forfeiture. Upon Prize forfeiture for any reason under these Rules, no compensation will be given.
WAIVER OF LIABILITY/PUBLICITY RELEASE
Promotion participants (“Participants”) may not take actions that are negligent, injurious or reckless in connection with the Promotion or the redemption of the Prizes. Participants who do not follow this rule or who otherwise participate in the Promotion or redemption of the Prizes in an unsportsmanlike manner will be barred from participation in both. Participants are solely responsible for any injuries or other damages that are caused from their behavior.
By participating in the Promotion, each Participant agrees to (i) comply with these Rules and the decisions of NESN, which are binding and final, and (ii) to the extent permitted by law, waive and fully, completely and forever release and discharge NESN, the Bruins, the Red Sox, Apple, Inc., Facebook, Inc., Twitter, Inc., Instagram, Inc. and each of their respective sponsors, Affiliates, officers, directors/managers, employees, agents, representatives, sponsors and advertising and promotion agencies (collectively, “Released Parties”), for any injury, damage or loss (including attorney’s fees) that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or the Sweepstakes, or from the redemption of the Prizes or any travel or activity related to the redemption of the Prizes, including but not limited to exposure to or contraction of COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 or any other communicable or infectious diseases, viruses, bacteria or illnesses or the causes thereof. By participating in the Promotion, each Participant gives his or her express permission to be contacted by NESN by telephone, e-mail or postal mail for Promotion administration purposes. The Winners, by acceptance of the Prizes, grant to NESN and its affiliated parties the perpetual right to publicize, publish, use, reproduce, broadcast or otherwise transmit, distribute, create derivative works of, publicly perform or display such Winner’s name, address (city and state of residence), photograph, voice, statements or other likeness and Prize information for advertising, promotional, trade or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
DISCLAIMERS
Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled Sweepstakes Entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Sweepstakes Entries, the announcement of the Prizes or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, tampering, hacking, or by any equipment or programming associated with or used in the Promotion. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer or wireless device related to or resulting from participating in the Promotion or downloading materials from any e-mail, application or website associated with the Promotion. Persons who tamper with or abuse any aspect of the Promotion or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any Participant or any representative of NESN or who are in violation of these Rules, as solely determined by NESN, will be disqualified and all associated Prize claims will be void. Any attempt to deliberately damage the content or operation of the Promotion is unlawful and subject to legal action by NESN or its agents. NESN shall have the sole right to disqualify any Participant for violation of these Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. NESN’s failure to enforce any term of these Rules shall not constitute a waiver of such term.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NESN WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND NESN AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Sweepstakes Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the qualification of any Sweepstakes Entry (and, consequently, any Winner resulting therefrom) based on competing claims as to the true identity of the Participant identified in such Sweepstakes Entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, as the case may be, provided the Authorized Account Holder is eligible to participate in this Sweepstakes at such time in accordance with these Rules. The “Authorized Account Holder” is the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
DISPUTE RESOLUTION
As a condition to participating in the Promotion, each Participant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to the Promotion, the Sweepstakes or the Prize (each, a “Claim”), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in Suffolk County, Massachusetts before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc., Instagram, Inc., Twitter, Inc., Apple, Inc. or Google, Inc.
LIMITATION OF LIABILITY
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
GENERAL TERMS
These Rules shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in the Commonwealth of Massachusetts, without regard to its principles of conflicts of law. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All participants in the Promotion agree to waive any rights to claim ambiguity of these Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on an applicable website, these Rules shall prevail, govern and control and the discrepancy will be resolved in NESN’s sole and absolute discretion.
NESN reserves the right, in its sole discretion, to (a) cancel or suspend the Promotion or the Sweepstakes (or any portion thereof) should unauthorized human intervention or other causes corrupt the administration, security, fairness, integrity or proper operation of the Promotion or the Sweepstakes (or any portion thereof), and (b) modify these Rules for clarification purposes without materially affecting the terms and conditions of the Promotion or the Sweepstakes. In the event that the Promotion or the Sweepstakes is challenged by any legal or regulatory authority, NESN reserves the right to discontinue or modify the Promotion or the Sweepstakes, or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participant who is disqualified due to such an action.
NESN may collect personal data about Participants and use such data in accordance with NESN’s Privacy Policy and as set forth in these Rules. By participating in the Promotion, each Participant acknowledges that he/she (i) has read and accepts NESN’s Privacy Policy and (ii) agrees to the collection and use of his/her personal information by NESN in accordance with the Privacy Policy and as set forth in these Rules.
The headings to these Rules are for convenience only, and are to be of no force or effect in construing or interpreting any of the provisions of these Rules. Unless the context of these Rules clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, and the part the whole, (b) references to any gender include all genders, (c) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (d) “include”, “includes” and “including” are not limiting and has the inclusive meaning frequently identified with the phrase “including, but not limited to,” or “including, without limitation,” and (e) “hereunder,” “herein,” “hereto” and “hereof” relate to these Rules.
WINNER LIST
To obtain the name of the Winners, mail a stamped, self-addressed envelope (to arrive by October 31, 2023 to: Biggest, Baddest Bruins Giveaway 2023, 480 Arsenal Way, Watertown, MA 02472. Residents of Vermont with a return address in Vermont may omit the return postage on their request.
PRIVACY POLICY
Any questions regarding privacy matters should be directed to the address set out below. Please refer to NESN’s privacy policy on www.nesn.com for important information regarding the collection, use and disclosure of personal information by NESN.
FORCE MAJEURE
Without limiting any other provision in these Rules, in the event that any Released Party’s operations or activities are affected by circumstances out of their control, as determined by NESN in its sole discretion, including by reason of any acts of God, any action, regulation, action, order or request by any governmental or quasi- governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic or public health crisis (e.g., COVID-19 outbreak), explosion, hurricane, tornado or similar severe weather, embargo, work stoppage or strike (whether legal or illegal), civil disturbance, insurrection, riot, or any other similar cause, whether or not specifically mentioned above, NESN shall have the right to modify, suspend, or terminate the Promotion (or any portion thereof), and no Released Party shall be responsible or liable to any Participant or Winner, or any person claiming through a Participant or Winner, for failure to conduct the Promotion or to supply the Prize or any part thereof.
TRADEMARKS
Bruins trademarks, service marks and copyrights are proprietary to the Bruins. Red Sox trademarks, service marks and copyrights are proprietary to the Red Sox or Major League Baseball. All NESN trademarks, service marks and copyrights are proprietary to NESN. All rights reserved.
SWEEPSTAKES SPONSOR: New England Sports Network Limited Partnership, 480 Arsenal Way, Watertown, MA 02472