2008 UPPER DECK 20TH ANNIVERSARY WRAPPER REDEMPTION SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE THE CHANCES OF WINNING.
1 ELIGIBILITY: The 2008 Upper Deck 20th Anniversary Wrapper Redemption Sweepstakes (the “Game”) is open only to legal residents of the fifty (50) United States and Canada and you must be thirteen (13) years of age or older as of February 1, 2008. Void in Puerto Rico, Quebec Province and where prohibited or restricted by law. Employees of The Upper Deck Company, a Nevada Corporation, The Upper Deck Company, LLC and its related companies, dealers, licensors, distributors, agents, advertising agencies, promotional suppliers, service agencies, independent contractors, the National Basketball Association (“NBA”), its member teams and NBA Properties, Inc. collectively the “NBA Entities” as well as the immediate family and household members of each such individual are not eligible. By participating, each player agrees to be unconditionally bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
2 TO PLAY: There are two (2) ways to play the Game: A. Collect Upper Deck 20th Anniversary commemorative packs (while supplies last) going to participating hobby shops each month during the Sweepstakes period and purchase Upper Deck and Fleer trading card product. Purchase one or more boxes of either Upper Deck or Fleer trading card product and you will receive one commemorative pack. Purchase at least 5 packs of either Upper Deck or Fleer trading card product and you will receive one commemorative card. Enter the codes on the back of each card at www.upperdeck.com/anniversary. There are 80 unique codes available and you must enter all 80 to be entered into the Sweepstakes. B. For a chance to receive a code go to npn.upperdeck.com. Canadian residents must correctly answer an arithmetic skill test question to claim a prize. Limit: one (1) entry per outer envelope, per person, per household, per day. No copies or mechanical reproductions accepted. Only one card per envelope. More than one entry from any person, address or household per day for The Game will void all entries from that person, address or household. By participating, each player agrees to be unconditionally bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
3 PRIZES: The Grand Prize will consist of the following: One winner and a guest will win tickets to the following events: 2009 Super Bowl; 2009 NBA Finals (one game); 2009 NHL Stanley Cup finals (one game); and 2009 World Series (one game). This prize will include air transportation and accommodation for each winner and their guest for 2 days and 1 night for each event. Total ARV = $10,000. The sweepstakes drawing will occur on or about January 7, 2009. All Potential Grand Prize winners will be required to fill out and submit an affidavit (or in Canada, a Declaration of Compliance with Contest Rules), a Liability Release, and where lawful, a Publicity Release, all within fourteen (14) days of notification, without which the potential winner will be disqualified and an alternate winner selected by random drawing from all remaining participants. If a potential winner is under the age of maturity where the winner resides (“minor”), the potential winner’s parent or guardian must sign the Affidavit of Eligibility (or in Canada, the Declaration of Compliance with Contest Rules), Liability Release, and where lawful, a Publicity Release. Travel rewards are time sensitive; potential winners of rewards involving travel must be able to travel on short notice; winners will receive no less than fifteen (15) days notice of date, time, and location. Travel rewards includes round trip coach air transportation from the major airport nearest the winner’s home, the stated accommodation (i.e. 2 days, 2 nights) (standard room, double occupancy) and meals for winner and one (1) guest. If winner is unable to travel on dates to coincide with reward, reward will be forfeited in its entirety and awarded to an alternate winner provided sufficient time remains to do so. If winner is a minor, winner must travel with his/her parent or legal guardian (guest of minor, where applicable, must be parent or guardian). No special requests will be granted. In the event a prize is cancelled or postponed for any reason beyond the Sponsor’s control, Sponsor will offer the winners an alternate Prize, comparable in price to original Prize, to be chosen in the Sponsor’s sole discretion. All travel dates and arrangements are subject to change, availability, and or Sponsor approval. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or reward items. If a Canadian resident is a potential winner, he or she must answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question; if the potential winner cannot be contacted and the skill test administered within seven (7) business days after the first attempt to contact such potential winner, the Prize will be forfeited and awarded to an alternate winner. If any reward notification is returned as non-deliverable, the potential winner will be disqualified and the prize will be awarded to an alternate winner. SPONSOR AND THE NBA ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS AGAINST ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS GAME OR PARTICIPATION IN ANY GAME RELATED ACTIVITY. Subject to all federal, state, provincial and local laws. Void where prohibited. All taxes and any other fees or charges associated with receipt of a Prize and/or use are the sole responsibility of winner. No transfer or substitution of Prize is permitted, except by Sponsor who reserves the right to substitute a Prize with another of comparable or greater value. Limit: one (1) Prize per person, family or household. Once you have entered the drawing you are eligible for all the prizes that have not already been rewarded.
4 ODDS OF WINNING: Odds of receiving a prize are dependent on the number of entries received.
5 TIMING: The Game begins on February 2, 2008 at 12:00:01 a.m. Pacific Standard Time (“PST”) and ends on December 31, 2008 at 11:59:59 p.m. PST.
6 SELECTION OF WINNERS: If any potential winner cannot be contacted within seven (7) days after the first attempt to contact such potential winner, an alternate winner will be selected at random from all remaining eligible entries received. If a potential winner is a Canadian resident, to be declared a winner, he or she must answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be answered by phone or e-mail. If the potential winner in Canada cannot be contacted and the skill test administered within seven (7) business days after the first attempt to contact such potential winner, the prize will be forfeited and awarded to an alternate winner. Limit: one (1) Prize per person, family or household.
7 PRIZE CONDITIONS: Each participant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and the prize will be awarded to an alternate winner. SPONSOR AND THE NBA ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS AGAINST ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY ACTIVITY RELATED TO THE SWEEPSTAKES. Subject to all federal, state, provincial and local laws. Void where prohibited. All taxes and any other fees or charges associated with prize receipt and/or use are the sole responsibility of winner. No transfer or substitution of prizes is permitted, except by Sponsor who reserves the right to substitute a prize with another of comparable or greater value. If Grand Prize winners are unable to travel on dates to coincide with the Grand Prize, prize will be forfeited in its entirety and the space will be awarded to an alternate winner provided sufficient time remains before the event. In the event the event is cancelled or posted for any reason beyond Sponsor’s control, Sponsor will offer the Grand Prize winner an alternate prize comparable in price to the Grand Prize, to be chosen in the Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or prize items. In the event the winner is a minor, as defined by the winner’s state of residence, the winner must travel with his/her parent or legal guardian or have signed permission from his/her parent or legal guardian. If the winner is a minor, the parent or legal guardian must be the “guest”.
8 PUBLICITY: By accepting the prize, the winner agrees that Sponsor and the NBA Entities those acting under their authority, may use winner’s name, picture/portrait, likeness, voice, biographical information (including age, hometown and state of residence) for advertising and promotional purposes without further consideration or authorization, unless prohibited by law.
9 GENERAL CONDITIONS: All entries and prize claims become the property of Sponsor, and none will be acknowledged or returned. Sponsor and its agents are not responsible for lost, late, damaged, misdirected, incomplete, illegible, stolen or postage due mail entries or redemption claims, all of which will be disqualified. All claims are subject to verification by Sponsor. Trading cards used in this game will be null and void and will be rejected if: (1) not obtained in accordance with these Official Rules and through authorized channels; (2) any part of the card is determined by Sponsor to be counterfeited, reproduced, forged, altered, mutilated, or tampered with in any way; or (3) it contains printing, production, typographical, mechanical, or other errors. All applicable federal, state and local laws apply. All taxes on prizes and incidental expenses not mentioned herein are the responsibility of the winners. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Upper Deck with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Game is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Upper Deck that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Upper Deck reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Upper Deck assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Upper Deck is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Upper Deck on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, UPPER DECK RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10 DISPUTES: Each participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall such damages include attorneys’ fees; and (3) under no circumstances will a participant be permitted to obtain awards for, and each participant hereby waives all rights to punitive, incidental, or consequential damages, or any other damages other than actual out-of-pocket expenses. Participant shall not claim or receive any damages subject to being multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
11 WINNERS LIST: For a list of the winner, send a self-addressed, stamped envelope to: Redemption Manager, 2008 Upper Deck 20th Anniversary Wrapper Redemption 5909 Sea Otter Place, Carlsbad, CA 92010 (VT residents may omit return postage). Requests must be received by March 1, 2009.
12 SPONSOR: The Upper Deck Company, a Nevada Corporation, 985 Trade Drive, North Las Vegas, Nevada 89030 © 2008 The Upper Deck Company. All Rights Reserved.