TRULY HARD SELTZER® PENGUINS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.
Each text message sent or received may incur a charge as provided in your rate plan, standard text and/or data rates apply.
ELIGIBILITY: Truly Hard Seltzer® PENGUINS SWEEPSTAKES (the “Sweepstakes”) is open to legal U.S. residents of OH & PA who are at least twenty-one (21) years of age at the time of entry. Employees (and their immediate families) of The Hard Seltzer Beverage Company (the “Sponsor”), Reconomy Inc., (the “Administrator”), the National Hockey League (“NHL”), its member clubs, Pittsburgh Penguins LP, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities collectively, the “NHL Entities”), the National Hockey League Players’ Association (“NHLPA”), Hockey Ventures (Canada) Inc. (the foregoing NHLPA entities collectively, the “NHLPA Entities”) and any of their respective parents, subsidiaries, affiliates, suppliers, independent contractors, members, agencies, alcoholic beverage wholesalers and retailers (cumulatively, the “Sweepstakes Entities”) and the immediate families and any persons living in the same household of such parties (whether related or not) are not eligible to participate in the Sweepstakes. Immediate family is defined as a parent; sibling; child by blood, adopted, or marriage; spouse; grandparent or grandchild. Sweepstakes is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes.
TIMING: The Sweepstakes begins on 2/6/2023 at 12:01 a.m. Eastern Standard Time (“EST”) and ends 3/19/2023 at 11:59 p.m. Eastern Standard Time (“EST”) (the “Sweepstakes Period”). Prize winner will be selected in a random drawing on or around 3/20/2023 from all eligible entries received during the Sweepstakes Period. Sponsor’s clock is the official clock for the Sweepstakes.
HOW TO ENTER: There are two (2) ways to enter:
1) QR Code: During the Sweepstakes Period, use your mobile phone to scan the QR code and you will receive information on how to submit an entry.
2) Internet: Visit www.TrulyPenguinsSweeps.com (“Website”) and follow the online instructions to enter for a chance to win.
Limited one (1) entry per person, regardless of method of entry. Duplicate entries for a single individual will be disqualified. All entries become the property of the Sponsor.
PRIZE AND ODDS OF WINNING: Four (4) Total Prize winners will be selected in a random drawing on about 3/20/2023 from all eligible entries received during the Sweepstakes Period. One (1) Grand Prize– Winner will receive four (4) tickets to the Penguins game scheduled to occur on 3/30/2023 and a $250 gift card with an Approximate Retail Value (“ARV”) – $700.00. Two (2) Runner-Up Prizes – Each winner will receive two (2) tickets to the Penguins game scheduled to occur on 3/30/2023 with an Approximate Retail Value (“ARV”) – $400.00. One (1) Third Place Prize – Winner will receive a Truly Wearable with an Approximate Retail Value (“ARV”) – $125.00. The difference between any stated value and actual value will not be awarded to winner. The random drawing, selection of a winner, and awarding of the prize will be conducted under the supervision of Administrator, an independent organization whose decisions are final and binding in all matters pertaining to this Sweepstakes. No prize substitution will be allowed, except that Sponsor reserves the right to substitute a prize of comparable value if the prize listed is unavailable for any reason. Odds of winning depend on the number of eligible entries received.
Grand Prize winner will receive an Internal Revenue Service Form 1099 for the ARV of the prize for the tax year in which the prize was awarded and agree to fully cooperate with Sponsor and its representatives as to its compliance with all applicable governmental reporting requirements, including by providing upon request his/her Social Security Number via Internal Revenue Service Form W9.
WINNER NOTIFICATION: Potential prize winner will be notified by email, text message, U.S. mail, telephone, or private delivery service (at Sponsor’s sole discretion) and will be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability (where permitted by law) within three (3) days of notification. Winner’s age is subject to independent age verification, and if failed, will result in prize forfeiture. In the event of noncompliance, if the prize winner cannot be reached at the phone number, email address or address on that winner’s entry, or if the prize or prize notification is returned unclaimed or undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited, and an alternate winner may be selected only if time permits and in Sponsor’s sole discretion.
GENERAL LIABILITY RELEASE: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, image, likeness, voice, picture, audio and video recordings of, biographical information, statements, and any material based thereon or derived there from, together with any actual or fictional material, or to refrain from so doing, and address (city and state), without the ability to review, for advertising, promoting and/or publicity purposes worldwide and in any and all forms of media now known or hereafter developed, in perpetuity, without further compensation, where permitted by law. Entrants agree that the Sweepstakes Entities: (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, or lost prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
GENERAL TERMS: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
FORCE MAJEURE: Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes or any particular Sweepstakes drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes or particular sweepstakes drawing as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes or a particular Sweepstakes drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court of jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes in its entirety or the affected portion of the Sweepstakes.
DISPUTES, ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees to the following: (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Boston, MA; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Massachusetts, USA, without regard to Massachusetts choice of law provisions.
NHL Rules: These Official Rules shall in all respects be subject to and subordinate to each of the following, as such may be amended from time to time: (a) the NHL Constitution; (b) the NHL By-laws; (c) all other rules, regulations and policies of the NHL and the resolutions of its Board of Governors; (d) any collective bargaining agreement between the NHL and/or its member clubs and other parties; (e) all consent decrees and settlement agreements entered into, between or among the NHL and its member clubs or the NHL, NHL member clubs and/or other persons in furtherance of NHL business or interests or as otherwise authorized directly or indirectly by the NHL Board of Governors, the NHL Commissioner, or the NHL Constitution; (f) any television or cable, radio, or other media network agreements between the NHL and third parties; and (g) any national corporate marketing, licensing, sponsorship or similar agreements between the NHL (or NHL affiliates) and third parties, all as the same may now exist or hereafter be amended or enacted or as they may be interpreted by the Commissioner.
General Conditions: The Sweepstakes Entities are not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes. The Sweepstakes Entities will not be responsible for incomplete, undecipherable, lost, late, damaged, misdirected or mutilated entries, misdirected or faulty messages or for any technical problems, incorrect announcements of any kind, hardware or software failures of any kind including any injury or damage related to phone or other devices. Incomplete/illegible entries are void. The Sweepstakes Entities are not responsible for any human or other error that may occur in the processing of the entries, nor are they responsible for any error, omission, interruption, deletion, defect, or delay in operation or transmission, theft or destruction or unauthorized access to or alteration of entries, or for technical, network, telephone, computer hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failures of any wireless or internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person’s ability to participate in the Sweepstakes or receive communication from Sponsor.
The Sweepstakes Entities assume no responsibility for undeliverable messages resulting from filtration of a participant’s wireless or Internet service provider or for insufficient space to receive messages. The Sweepstakes Entities reserve the right to cancel, terminate, suspend, or modify the Sweepstakes or any portion thereof for any reason whatsoever, for example, without limitation, if fraud or technical failures destroy the integrity of the Sweepstakes, or if a technical problem corrupts the administration as determined by Sponsor, in its sole discretion. If the Sweepstakes is canceled, Sponsor shall have no further obligation to any participant in connection with the Sweepstakes. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Only the number of prizes stated in the rules are available to be won in this Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES LAW.
WINNER LIST/Official Rules: For the name of the prize winners, email firstname.lastname@example.org with the subject: TRULY HARD SELTZER® PENGUINS SWEEPSTAKES Winners’ List Request, by May 20th, 2023.
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