Brick’s Backyard Rinks Contest
Presented by Franklin Sports
Official Rules 2018-19

NO PURCHASE NECESSARY

ELIGIBILITY
The Brick’s Backyard Rinks Contest presented by Franklin Sports (The “Contest”) is open to all legal United States residents who reside in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont who are 18 years of age or older as of December 26, 2018. Employees of New England Sports Network (The “Sponsor”), Franklin Sports, and their respective affiliates, parent companies, subsidiaries, advertising and promotion agencies (including immediate family members or those living in the same household of each) may not enter the Contest. The Contest entry period will begin on December 26, 2018 at 9:00 am ET and end on January 28, 2019 at 11:59 pm ET.

PURPOSE OF THE COMPETITION
To submit to NESN a short video that shows off your backyard rink. NESN’s Bruins color analyst Andy Brickley will then decide who has the best backyard rink in New England.

HOW TO ENTER
Visit NESN.com/Rinks and follow all entry instructions to submit a short video to NESN. Videos must be no longer than 30 seconds in length. Limit one entry per household. Each entry must be complete and include the backyard rink owner’s name, email address, zip code and television provider. Each entrant must also agree to these official rules and to NESN’s User Submission Agreement.

No purchase or obligation necessary to enter or win this contest. Void where prohibited by law. Incomplete or illegible entries are not eligible. All entries become property of the Sponsor and will not be acknowledged or returned. Duplicate entries will be disqualified. Use of automated devices is not valid for entry. Sponsor is not responsible for any computer malfunctions, website tampering or any technical difficulties that may occur.

SELECTION OF WINNERS
The Grand Prize (1) winner and First Prize (5) winners will be determined by and based solely on the opinions of NESN’s Andy Brickley. Judging will take place on or around January 29, 2019 and will be based on the following criteria: overall look and appeal of the backyard rink (50%) and suitability as community/neighborhood gathering spot for playing hockey (50%).

GRAND PRIZE (1)
One (1) Grand Prize winner will win the unique opportunity to have NESN’s Andy Brickley host a hockey clinic for the winner’s family and friends on the winner’s backyard rink and a Franklin Sports hockey prize package that includes the following: two (2) 72” Steel Hockey Goals and two (2) Tuukka Tutors. Date of the event is to be determined. NESN reserves the exclusive right to change the date of the event without notice at anytime and for any reason. In the event of inclement weather, NESN will attempt to reschedule the event. Prize is non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prize and any elements of the prize. Estimated retail value of the grand prize is $600. Franklin Sports will issue an IRS 1099 tax form to the grand prize winner by January 2020 for the full retail value of the grand prize.

FIRST PRIZE (5)
Five (5) First Prize winners will receive one (1) 72” Steel Hockey Goal and (1) Tuukka Tutor provided by Franklin Sports. Retail value of the First Prize is $300.

PRIZE WINNER NOTIFICATION
The potential grand prize winner will be notified by email on or around January 29, 2019. Potential grand prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release within 3 business days of being notified or the prize will be forfeited and awarded to an alternate winner. Prize winners will be responsible for all taxes, income taxes and/or sales taxes (federal, state and local) and all other expenses not specifically mentioned here related to acceptance and use of the prize.

CONDITIONS AND RELEASE
This Contest is void outside of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont and where prohibited or restricted by law and subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the Commonwealth of Massachusetts. By entering, entrants agree to these Official Rules and the decisions of the Sponsor, which are binding and final, and release Sponsor, Franklin Sports, and their respective divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies and anyone associated with the production of this Contest, and their respective directors, officers, employees and agents from any and all liability for any claims, injuries, losses or damages (including attorney’s fees) of any kind arising out of their participation in this Contest or resulting from acceptance, possession, receipt, use or misuse of prize, and entrants agree that these entities are in no matter responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. The potential prize winner waives the right to assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize and waives any liability or claims (including attorneys fees) which might arise from redeeming or seeking to redeem said prize. In the event of non-compliance with these Official Rules, or if prize notification is returned to Sponsor as undeliverable, if prize is refused or the prize is not accepted for any reason within three (3) business days of prize notification, the prize will be forfeited and an alternate winner will be selected. Upon forfeiture, no compensation will be given. Acceptance of prize constitutes permission, to use the winner’s name, photograph, likeness and/or statements attributed to winner regarding Contest, for advertising and publicity purposes without further compensation or consent.

INTERNET
It is the entrant’s responsibility to enter in the appropriate manner. Each entrant is responsible for all costs or charges involved in accessing the NESN.com web site and warrants that the cost of accessing the site, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend the Contest. Should the online portion of the Contest be terminated prior to January 28, 2019, finalists will come from eligible entries received online up to the time of cancellation. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, services or providers, computer equipment, software, failure of any email or entry to be received due to technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading of any material in this Contest. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws 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. In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

WINNER LIST
To obtain the name of the winner, mail a stamped, self-addressed envelope (to arrive by March 1, 2019) to Brick’s Backyard Rinks Winner, 480 Arsenal Way, Building #1, Watertown, MA 02472.

PRIVACY POLICY
Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy on http://www.nesn.com for important information regarding the collection, use and disclosure of personal information by Sponsor.

FORCE MAJEURE
The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.

SPONSOR
New England Sports Network, 480 Arsenal Way, Building #1, Watertown, MA 02472

 

NESN User Submission Agreement

This is the User Submission Agreement between you and NESN and represents a legally binding agreement. Please read it very carefully as it governs your relationship with NESN regarding your submission or attempted submission of content to NESN regardless of what type of device you use to submit the content to NESN. It also outlines your warranties, representations, releases, indemnifications, and grants to NESN and NESN’s disclaimers of warranties and liabilities.

This Agreement will apply to the content you submit to NESN. If you do not agree with any part of this Agreement do not submit or attempt to submit any content to NESN, because by doing so, you are assenting to all of the terms of this Agreement.

In this Agreement, “Content” means any content submitted to NESN and the terms of this Agreement apply whether or not NESN makes any use of your Content.

1. Your Agreement with NESN
   • By submitting or attempting to submit Content to NESN, in consideration of the mutual promises, warranties, conditions, and other agreements set forth in this Agreement, receipt and sufficiency of which is hereby acknowledged by both you and NESN, you agree to the terms of this Agreement and to NESN’s Terms of Use and Privacy Policy, which are incorporated herein by reference. In the event that NESN’s Terms of Use or Privacy Policy conflicts with anything in this Agreement, you agree that the terms of this Agreement control in relation with disputes relating to this Agreement and submissions.
   • You agree that NESN may, in its sole discretion, modify any of the terms found in this Agreement at any time. By submitting or attempting to submit Content to NESN, you further agree to be bound by all modifications made to this Agreement prior to your submission and that such modified agreements replace all prior agreements.
2. Contact Information Required for All Submissions
   • You agree that any submission of Content you make to NESN must contain your full name and email address (collectively, “contact information”). NESN’s handling of your contact information will be governed by the terms and conditions of NESN’s Privacy Policy.
   • You agree that by submitting or attempting to submit Content and providing your contact information, you are expressly granting NESN permission to contact you via email in order to confirm your identity as the sender of the Content, seek clarification regarding the Content, or for any other reason relating to the Content; provided, however, that NESN shall have no obligation or liability to you for failure to do so or for doing so.
   • You agree that you will not submit Content under an assumed name or through any other unauthorized means, including, but not limited to, submitting Content via a third party’s email address.
3. Limitations on Your Participation
   • You certify that you are 18 years or older as of December 26, 2018 and are a legal resident of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont.  You further certify that you are otherwise capable of entering and competent to enter into this Agreement.
   • You certify that you are a citizen of the United States living in the United States or a resident alien living in the United States and further certify that you are not an employee, officer, director, or agent of NESN nor an immediate family member of an employee, officer, director, or agent of NESN.
   • You certify that you are not currently running for a political office or planning to run for a political office within the next sixth months and further certify that you are not using this service to advertise any products, services, or other goods.
4. Your Relationship with NESN and Its Sponsors
   • You agree that no employment, independent contractor, or other business relationship is formed between yourself and NESN or any of its sponsors or business partners, if any, as a result of submitting or attempting to submit Content to NESN. You further agree that neither NESN nor any of its sponsors or business partners, if any, undertake an obligation to compensate you or any third party in any way for your Content or NESN’s use of that Content, or undertake any accounting of NESN’s use of your Content.
   • You agree that NESN does not undertake an obligation to preserve the confidentiality of the Content you submit to NESN.
5. User Content Standards; Unauthorized Content.
   • You agree you will not submit or attempt to submit, and NESN has the right to reject, refuse to accept, remove or otherwise handle as NESN deems appropriate, any “Unauthorized Content” which is defined as any Content that is or could be construed as violating any of the terms and conditions of this Agreement, and/or any of the terms and conditions set forth in the Terms of Use, including, without limitation:
     • infringing on a third party’s intellectual property rights; or
     • causing harm, a tort, harassing anyone, or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the service.
   • NESN does not control any Content submitted, although NESN may use both automated and manual means of reviewing Content in order to prevent Unauthorized Content from appearing and being displayed by it. NESN reserves the right to review any submitted Content and to delete, remove, move, edit or reject, without notice to you, any Content that it deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of intellectual property rights, in violation of this Agreement or otherwise unacceptable to NESN, its affiliates, subsidiaries, licensees, and assigns, for any reason; provided, however, that NESN shall have no obligation or liability to you for failure to do so or for doing so.
   • If NESN receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law, NESN may remove Content associated with such claim in accordance with the terms and conditions set forth in the Terms of Use.
   • NESN reserves the right to provide information to law enforcement officials and governmental agencies and pursuant to judicial or regulatory compulsion.
6. Your Warranties to NESN
   • You warrant that you have the unencumbered legal rights necessary to grant to NESN the license described below. This means you warrant that you have the necessary intellectual property rights required to grant the license described below, whether through ownership, license, permission, or other agreement.
   • You warrant that the Content you submit does not violate a third party’s intellectual property rights, and you further warrant that the Content you submit does not constitute defamation, trade libel, harassment, invasion of privacy, obscenity, indecency, eavesdropping, or Unauthorized Content under this Agreement or otherwise constitute illegal content under all applicable state and federal laws. This warranty extends to all aspects of the Content.
   • You warrant that all third parties depicted in the Content have granted you all necessary permissions to host, cache, store, use, reproduce, distribute, exhibit, prepare derivative works, publicly display, or otherwise use in any way their likenesses, voices, or names in accordance with the license described below.
7. Your Grant of License to NESN
   • You hereby grant to NESN, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to license your Content and to reproduce, distribute, prepare derivative works, publicly display, publicly perform, or otherwise use your Content, in their sole discretion, and throughout the universe by means of any medium now known or hereafter invented or discovered.
   • By way of clarification but not limitation, you hereby grant to NESN, its affiliates, subsidiaries, licensees, and assigns the right to edit, alter, or otherwise modify in any way your Content, in their sole discretion, by means of any technology now known or hereafter invented or discovered.
   • By way of clarification but not limitation, you hereby grant to NESN, its affiliates, subsidiaries, licensees, and assigns the right to disclose publicly any of your Content, in their sole discretion, by means of any medium now known or hereafter invented or discovered. NESN, however, undertakes no obligation to disclose publicly or otherwise make use of any of the Content you submit to NESN.
   • You hereby grant to NESN, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use your name, likeness, voice, biographical information, and any other personal characteristics depicted in the Content in connection with the service, in their sole discretion, and throughout the universe by means of any medium now known or hereafter invented or discovered.
   • If you are a parent or guardian submitting Content depicting your minor child or ward, you hereby grant to NESN, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use the minor’s name, likeness, voice, biographical information, and any other personal characteristics depicted in the Content in connection with the service, in their sole discretion, and throughout the universe by means of any medium now known or hereafter invented or discovered.
   • You hereby acknowledge that NESN has the right to enter into a sponsorship agreement related to the use of the Content, and, therefore, in addition to the other grants in this Agreement, you hereby further grant to NESN, its affiliates, subsidiaries, licensees, and assigns a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to affix logos and other trademarks to the Content and to exploit the Content in connection with the service and any advertising, goods, services, or products produced and distributed in connection with the service, in their sole discretion, and that such rights may be exploited by NESN, its affiliates, subsidiaries, licensees, and assigns throughout the universe by means of any medium now known or hereafter invented or discovered.
8. NESN’S Disclaimer of Warranties
   • NESN’s service is provided “As Is,” and you agree that you use NESN’s service and submit Content to NESN at your own risk and hereby assume any risk relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content.
   • To the extent permitted by law, NESN and its subsidiaries, NESN’s affiliates and their subsidiaries, and NESN’s licensees, assigns, agents, members, officers, directors, employees, representatives, and any other parties engaged by NESN in relation with the service hereby expressly disclaim:
     • Any warranties, express or implied, under this Agreement or otherwise resulting from your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content; and
     • Any warranties of merchantability, title, or fitness.
9. NESN’S Disclaimer of Liability
   • To the extent permitted by law, in no event will NESN and its subsidiaries, NESN’s affiliates and their subsidiaries, and NESN’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by NESN in relation with the service be liable for any damages based on any cause of action or legal theory now or hereafter developed, including but not limited to negligence, relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content.
10. Your Indemnification of NESN
    • With respect to any third party claims arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content, you shall indemnify against all losses arising out of or relating to those claims NESN and its subsidiaries, NESN’s affiliates and their subsidiaries, and NESN’s licensees, assigns, agents, members, officers, directors, employees, representatives, and any other parties engaged by NESN in relation with the service.
11. Your Release of NESN
    • You hereby release NESN and its subsidiaries, NESN’s affiliates and their subsidiaries, and NESN’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by NESN in relation with the service (including without limitation  Dropbox) from any claims you may have arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content.
    • If you are a parent or guardian submitting Content depicting your minor child or ward, you hereby acknowledge the benefit to your child or ward of appearing in the Content and having that Content distributed by NESN and further acknowledge that such appearance is a voluntary, nonessential activity. Acknowledging such, you hereby release NESN and its subsidiaries, NESN’s affiliates and their subsidiaries, and NESN’s licensees, assigns, agents, members, officers, directors, employees, representatives, or any other parties engaged by NESN in relation with the service from any claims your minor child or ward may have arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content.
12. General
    • Choice of Law. Any claims arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflicts of law.
    • Choice of Forum. Any claims arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content shall be brought only in the state or federal courts of Massachusetts, and you consent to the jurisdiction of those courts.
    • Limitation. You agree that any claims you may have arising out of or relating to this Agreement, your submission of Content or use of the service, third parties’ submission of Content or use of the service, the Content itself, or NESN’s use of that Content shall be commenced within sixth months of the accrual of any such claims, or if such a limitation period is to be found unreasonable or unconscionable, within one year of the accrual of any such claims. You further agree that all claims brought outside of these limitations are barred.
    • Severability. If any provision of this Agreement is held unenforceable, you agree that such provision shall be modified to the minimum extent necessary to render it enforceable. To the extent the provision cannot be rendered enforceable, you further agree that the remainder of the Agreement remains in force.