Official Sweepstakes Rules 1. NO PURCHASE NECESSARY. ENTRY BY PRODUCT PURCHASE WILL NOT INCREASE ODDS OF WINNING. 2. Win a special Winterhawks/Burgerville t-shirt, an autographed game puck, four tickets to a Winterhawks home game (date to be determined), and an invitation to watch pre-game warmups from the Coliseum or Moda Center Penalty Box for one person in the Burgerville-Winterhawks Fan of the Game Promotion (“the Sweepstakes”). There will be six winners during the Sweepstakes. 3. The Sweepstakes is sponsored by Burgerville, LLC dba “Burgerville,” and the Portland Winterhawks (together, “Sponsor”). The Sweepstakes is open only to Oregon and Southwest Washington residents over 18 years of age. Employees of Burgerville, Winterhawks, the Western Hockey League and its Member Teams, and each of their respective affiliated companies, subsidiaries, and advertising or promotional agencies, and the immediate family members of, and any persons domiciled with, such employees are not eligible. 4. Entry. There are two ways to enter the Sweepstakes: (1) Make a purchase at a participating Burgerville location and complete entry form. Contestant will receive an entry blank when they purchase any one of the Winterhawks Special Menu Items, listed on the menu as “Burgerville Favorites” (Tillamook Cheeseburger®, Pepper Bacon Cheeseburger, Half-pound Colossal Cheeseburger, Spicy Anasazi Bean Burger, Deluxe Crispy Chicken Sandwich or Seasoned Turkey Burger) between February 10th, 2015 and March 27th, 2015. Participating Burgerville locations are: Convention Center, Gresham, Hawthorne, Carman Drive, 122nd & Stark (David Douglas), Hillsboro, Beaverton at Scholls & Allen, and St. Johns. (2) Any eligible person may submit an entry by postcard, addressed to: Burgerville - Winterhawks Giveaway, care of Burgerville, 109 West 17th Street, Vancouver, WA 98660. Postcard entries must list the entrant’s full name as it appears on his or her government-issued identification, entrant’s home address, and a telephone number where the entrant can be reached during business hours. Valid postcard entries must arrive at the address above by United States Postal Service only, by March 27th, 2015; Sponsor will not be responsible for incomplete, lost, late, postage-due, misdirected or illegible entries, or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. Any questions shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes. 5. Prize and Odds. The Sweepstakes winners will be determined by a random drawing from among all eligible entries. Drawings will be conducted on or about February 27th, March 16th, and April 3rd 2015. Each winner will receive a Winterhawks tshirt, an autographed game puck, four tickets to a Winterhawks home game (date to be determined), and an invitation to watch a pre-game warmups from the Coliseum or Moda Center Penalty Box for one person (“The Prize”). The estimated retail value of the Prize is [$800]. Sponsor reserves the right to substitute prize of equal or greater value. Odds of winning depend on the number of eligible entries received. Winners will be made available after April 30th, 2015 by sending a self-addressed, stamped (#10) envelope to Burgerville – Winterhawks Giveaway, care of Burgerville, 109 West 17th Street, Vancouver, WA 98660. 6. Winner Notification and Acceptance. Winner(s) will be notified by telephone, and/or electronic mail. Return of prize notification as undeliverable or Sponsor’s inability to reach the winner in a timely manner (as determined by Sponsor in its sole discretion) may result in disqualification. If necessary, an alternate winner may be selected randomly from among remaining entrants. Winners may waive their right to receive The Prize. Winner is solely responsible for reporting and payment of any federal, state, local, and municipal taxes on prizes. Winner is also responsible for all expenses associated with the prize (e.g., parking and transportation), unless otherwise indicated. Winner may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law). Failure to sign and return the affidavit or release as requested by Sponsor, or to comply with any term or condition of these Official Rules, may, at the sole discretion of Sponsor, result in disqualification. 7. Grant of Rights by the Winner. In order to confirm his or her status as the winner of the Sweepstakes and in order to claim the Prize, except where prohibited, the winner agrees to irrevocably grant Burgerville, the Portland Winterhawks, and/or the National Hockey Association and its Member Teams, their affiliates, and agents the unconditional and perpetual right to publish without any royalty or compensation, his or her name and city of residence, photographs and audio and video recordings of his or her likeness, in connection with the Sweepstakes or with any subsequent promotional materials later published. Such rights of publication include the right to publish in any print, electronic, or broadcast media. 8. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes, as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. 9. Limitations of Liability. By entering the Sweepstakes, entrants agree that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrants hereby waive 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.
February 4, 2015
10. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of Oregon, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Oregon. The invalidity or unenforceability of any provision of these rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 11. Waiver of Rights by Winner. In order to confirm his or her status as the winner of the Sweepstakes and in order to claim the Prize, the winner releases and agrees to indemnify, defend and hold harmless Burgerville, the Portland Winterhawks, the National Hockey Association and its Member Teams, and their respective parents, subsidiaries, affiliates, and agents from all liability, claims, or actions of any kind whatsoever for injuries, damages, liability or losses which may be sustained in connection with the Sweepstakes and/or the receipt or use of the Prize. The Winner further waives any rights that may arise in connection with his or her loss of the Prize, or any cancellation or rescheduling of the selected game date. 12. Sponsor Authority, Questions. Sponsor’s decisions regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. If you have any questions regarding this Sweepstakes, please contact Burgerville – Winterhawks Promotion, care of Burgerville, 109 West 17th Street, Vancouver, WA 98660.