2019 Washington Capitals
Win Teds Tickets Sweepstakes
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
These
rules (the “Official Rules”) contain an arbitration agreement and class action
waiver which affect your legal rights. It is strongly recommended that you
review the rules in their entirety before entering the Sweepstakes.
The
“Win Four Glass Capitals Tickets Sweepstakes” (the “Sweepstakes”)
begins on December 10, 2019 at 10:00 a.m. EST (the “Sweepstakes Start
Date”) and ends on December 16, 2019 at 11:59 p.m. EST (the
“Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes
Entry Period”). All times are measured by Eastern Standard Time (EST) in The United States.
SPONSOR:
The Sweepstakes is sponsored by and for the benefit of Monumental Sports
& Entertainment Foundation (the "Sponsor"), a designated
501(c)(3) non-profit organization.
ELIGIBILITY:
The Sweepstakes is only open to (a) legal residents of the United States
living in the United States (excluding Florida, New York, and Rhode Island)
(the “Promotion Area”) and (b) who are at least eighteen (18) years of age (or
the majority in their jurisdiction of legal residence) at the time of entry.
Entries are limited to individuals only; commercial enterprises and business
entities are not eligible. By participating in the Sweepstakes, each entrant
unconditionally accepts and agrees to comply with and abide by the terms and
conditions stated in these Official Rules which shall be final and binding in
all respects, agrees to be bound by the decisions of Sponsor, and warrants that
she/he is eligible to participate in the Sweepstakes. Employees, independent
contractors, officers, and directors of Sponsor, the Washington Capitals,
Monumental Sports & Entertainment, and their respective affiliates,
subsidiaries, advertising, promotion, and fulfillment agencies, and legal
advisors, and their immediate family members and persons living in the same
household, are not eligible to participate in the Sweepstakes.
The
Sweepstakes is void outside of the Promotion Area and where prohibited or
restricted by law and is subject to applicable federal, state and local laws
and regulations.
Sponsor
shall be entitled to interpret these Official Rules as needed, including, but
not limited to, rules regarding entries, entry or other deadlines, winner
selection, prize restrictions, and eligibility, and all of Sponsor’s
decisions are final and binding in all Sweepstakes-related matters. By
participating, you irrevocably, fully and unconditionally agree to be bound by
these Official Rules and the decisions of Sponsor and waive any right to claim
ambiguity in these Official Rules or any other Sweepstakes-related advertising
or materials.
HOW TO
ENTER:
1) TO
ENTER BY DONATING: Entrants may enter the Sweepstakes by visiting www.WinTedsTix.org (the
"Sweepstakes Website") during the Sweepstakes Entry Period and
following the on-screen prompts. If you donate:
· $20.00
you will receive 20 entries.
· $50.00
you will receive 50 entries and one (1) Capitals Gravy Boat. Subject to
availability (40 total available).
· $75.00
you will receive 75 entries and one (1) T.J. Oshie “Metro Celebration”
bobblehead. Subject to availability (100 total available).
· $100.00
you will receive 100 entries and either one (1) John Carlson Autographed
Capitals Military Puck OR one (1) T.J. Oshie Autographed Capitals Military Puck.
Subject to availability (98 total available).
Entrants
will receive an email confirmation at the email address provided on the
Sweepstakes Website. All donations are final and non-refundable. All
receivables other than number of entries are subject to availability at the
time of entry.
2) TO
ENTER WITHOUT DONATING: No contribution or purchase necessary.
Participation in the Sweepstakes is voluntary and does not require you to make
a donation to the Sponsor. To enter the Sweepstakes for free without donating
to the Sponsor, click on the link entitled “No Purchase Required” and complete
the entry form. Each valid free entry form will receive 20 entries into the
Sweepstakes (the same number of entries as a donation at the $20 level). Free
entry participants will receive an email confirmation at the email address
provided on the Sweepstakes Website.
Regardless
of entry method, your ticket numbers will be e-mailed to the e-mail address you
provide at the time of entry. These are the only methods of entry. Entries
will not be accepted via U.S. mail, e-mail, or any other method.
IMPORTANT:
DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN
THE SWEEPSTAKES.
Any use
of robotic, repetitive, automatic, programmed, mechanical, script, macro, or
any other automated means or similar entry methods or agents (including, but not
limited to, contest-entry services or multiple or different e-mail addresses,
or the submission of false contact information under multiple or different
e-mail addresses, identities, registrations, accounts or logins) or any other
devices or artifices to enter or encourage, directly or indirectly,
automated or false entries are prohibited and suspected or detected entry
method violations may void some or all entries submitted by that entrant, in
Sponsor’s sole discretion. No group submissions will be accepted.
PRIZE:
One (1) official winner of the Sweepstakes (the “Sweepstakes Winner”)
will win: (a) four (4) glass seat tickets in Section 112 Row A Seats 11-14
to the Washington Capitals vs. the Columbus Blue Jackets game on December 27,
2019 at 7:00 p.m. EST at Capital One Arena (the “Game”);
(b) four (4) tickets to the MGM National Harbor VIP Lounge
(including an all-inclusive dining experience featuring complimentary alcoholic
beverages (for participants 21 and over), passed hors d’oeuvres, entrees and
desserts) at Capital One Arena; (c) one (1) VIP parking pass for the
garage at Capital One Arena; and (d) one (1) Alex Ovechkin autographed Capitals
jersey (collectively, the “Sweepstakes Prize”). Approximate Retail Value
(“ARV”) of $2,300.00.
Sweepstakes
Prize offered is provided “as is” with no warranty or guarantee either express
or implied by Sponsor. Merchandise prize component (if any) carries no warranty
other than that offered by manufacturer. Sponsor has neither made nor is
responsible or liable for any warranty, representation, or guarantee, express
or implied, in fact or in law, relative to the Sweepstakes Prize, including but
not limited to its quality, mechanical condition or fitness for a particular purpose.
Other restrictions apply.
GUEST CONDITIONS: Due to the nature of
the Sweepstakes Prize, the Sweepstakes Winner and the Sweepstakes Winner’s
Guests must complete and return all requested liability, publicity and other
consents, releases and/or other documentation prior to Sweepstakes Prize
redemption as further described herein. Guests must be at time of prize
fulfillment the age of majority in the jurisdiction in which s/he resides (and
at least eighteen (18) years of age), unless accompanied by a parent or legal
guardian. If Sweepstakes Winner elects to participate in the Sweepstakes
Prize without any or all Guests, no additional compensation will be awarded.
Sweepstakes Prize tickets are valid only on the dates and times set forth above
in the prize description. No refund or compensation will be made in the event
of the cancellation or delay of the Game, except at the sole discretion of
Sponsor. Sponsor will not be responsible for weather, acts of God, acts
of terrorism, civil disturbances, player/referee/labor or other strike or work
stoppage, or any other natural disaster outside its control that may cause the
cancellation or postponement of the Game or closure of the Arena or any other
inability to use prize tickets in whole or in part and the terms and conditions
on, or applicable to, the tickets will govern in such event. Lost,
stolen, mutilated or damaged tickets, vouchers and/or certificates will not be
replaced or exchanged once they are in the possession of the Sweepstakes Winner
or any Guests. Sponsor is not responsible if the Sweepstakes Winner and/or any
or all Guests do not use any event tickets on the day of the applicable event.
No substitution or transfer of Sweepstakes Prize(s) is permitted. Sweepstakes
Prize(s) cannot be redeemed for cash and no cash alternative or prize
substitution will be allowed, except in Sponsor’s sole discretion. Sponsor is
responsible only for Sweepstakes Prize delivery and not Sweepstakes Prize
utility. Sponsor reserves the right to substitute for the listed Sweepstakes
Prize, or any portion thereof, one of equal or greater value if any advertised
prize becomes unavailable for any reason. Any and all federal, state, and local
tax liabilities as a result of acceptance of all or any portion of the Sweepstakes
Prize, as well as any other fees, costs and expenses not specified herein as
being awarded (including but not limited to all additional meals, beverages,
transportation and incidentals), are the sole responsibility of the Sweepstakes
Winner and any and all Guests, unless otherwise specified herein.
Inappropriate activity may result in removal from the venue and/or
disqualification. Sweepstakes Winner and his or her Guests agree to comply
with all applicable Arena regulations and policies in connection with the prize
or any prize component and acknowledge that Arena may remove or deny entry to
any person, including Sweepstakes Winner or any Guest, who engages in an
unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten
or harass any other Arena visitor, guest, employee or other person, or in any
other way that violates any Arena policies.
Sweepstakes Winner is solely responsible for acquiring Guests’
agreements and consent for all required documents, including but not limited
to, documentation regarding publicity release (as defined below), and failure
to do so will disqualify Guest(s) from participating in any portion of the
Sweepstakes Prize.
ODDS OF
WINNING: The odds of winning the Sweepstakes Prize depend on the total
number of eligible entries received during the Sweepstakes Entry Period.
There is no limit to the number of entries the Sponsor may receive.
SELECTION
OF WINNER: On or about December 16, 2019 (the
"Drawing Date"), Sponsor will select the potential Sweepstakes winner
("Potential Winner") in accordance with these Official Rules. The
Potential Winner will be selected by random drawing using a random number
generator algorithm from all eligible entries received by the Sponsor during
the Sweepstakes Entry Period. The Potential Winner will be notified by email
and/or by telephone on or about the Drawing Date, using the email address or
telephone number provided with the selected entry, and will be conditionally
awarded the Sweepstakes Prize subject to verification of eligibility and
compliance with the terms and conditions of these Official Rules. The
notification will include instructions for how to contact the Sponsor to
provide name, address and other information that may be required to complete
validation of eligibility and delivery of the Sweepstakes Prize. No liability
is assumed for any winner notification that is lost, intercepted or not
received by a Potential Winner for any reason. If a Potential Winner does not
respond by email or telephone within one (1) week after the first notification
attempt, or if the prize notification is returned as undeliverable, or if the
Potential Winner fails to provide the necessary information to confirm the
Potential Winner’s identity and eligibility, such Potential Winner may be
disqualified and the Sponsor may, in its sole discretion, select an alternate
Potential Winner to be selected by a random drawing from among the remaining
eligible entries. In the event that a Potential Winner is disqualified for any
reason, the Sponsor may, in its sole discretion, award the Sweepstakes Prize to
an alternate Potential Winner who will be selected by a random drawing from
among the remaining eligible entries. The selected Potential Winner, or any
alternate Potential Winner, is subject to verification of eligibility and
compliance with these Official Rules and must execute all consents as provided
by applicable law.
VERIFICATION
OF POTENTIAL WINNER: Each Potential
Winner is subject to verification by the Sponsor. Sponsor’s decisions are
final and binding in all matter relating to the administration, operation,
selection of the Potential Winner, and all other matters related to the
Sweepstakes. An entrant is not a winner of any prize unless and until the
entrant’s eligibility and compliance with these Official Rules has been
verified by the Sponsor, in its sole discretion, and the entrant has been
notified that verification is complete. The Potential Winner may be required to
complete and return an Affidavit of Eligibility, Release of Liability and/or
Publicity Release in the form(s) provided by Sponsor (collectively, the
"Affidavit") by the date specified by Sponsor, or such Potential
Winner will be disqualified and an alternate Potential Winner may be selected.
In the event that (a) Potential Winner cannot be reached within one (1) week of
initial notification from Sponsor, or for whatever reason after a reasonable
effort has been exerted, or the Potential Winner notification or Affidavit is
returned as unclaimed or undeliverable; (b) Potential Winner declines or cannot
accept, receive or use the Sweepstakes Prize for any reason; (c) Potential
Winner is found to be ineligible to enter the Sweepstakes or receive the
Sweepstakes Prize; (d) Potential Winner did not, cannot or does not comply with
these Official Rules; or (e) Potential Winner fails to fulfill the
Affidavit-related obligations, then the Potential Winner shall be disqualified
from the Sweepstakes and an alternate Potential Winner may be randomly
selected, at Sponsor’s sole discretion, from among the remaining eligible
entries received. Sponsor reserves the right to modify the notification and
Affidavit procedures in connection with the selection of an alternate Potential
Winner, if any. A Potential Winner will be declared the Sweepstakes Winner when
all of the conditions of these Official Rules are fulfilled to the satisfaction
of Sponsor, in its sole discretion. In the event of a dispute as to the
identity of the entrant, any online entry will be deemed submitted by the
authorized account holder of the e-mail account provided to the Sponsor at the
time of entry, provided such account holder still meets the eligibility
requirements for the Sweepstakes. The authorized account holder shall be the
natural person to whom the applicable email address has been assigned by the
Internet access provider, service provider, or other online organization
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address.
TAXES:
The taxable value of the Sweepstakes Prize will be treated as ordinary
income to the Sweepstakes Winner for federal and state income tax purposes, and
all federal, state and local income taxes are the sole responsibility of the
Sweepstakes Winner. If you are the Sweepstakes Winner, it is important
that you determine what federal, state and/or local taxes you must pay. The
Sweepstakes Winner is encouraged to consult with an accountant or tax preparer
to make that determination.
Nothing
contained in this section shall be construed such that either Sponsor, the
Washington Capitals, Monumental Sports & Entertainment, or any of their
charitable partners, licensors and suppliers, and each of their respective
parents, affiliates, subsidiaries, partners, and advertising and promotion
agencies, and all of their respective officers, directors, employees,
representatives, shareholders, members, consultants and agents, is in any way
liable for the Sweepstakes Winner's tax liability that is created when the
Sweepstakes Winner claims the Sweepstakes Prize.
RELEASE
OF LIABILITY: By participating in the Sweepstakes,
each entrant agrees to the full extent allowed by applicable law to: (a) comply
with and be bound by these Official Rules and the decisions of Sponsor, which
are binding and final in all matters relating to this Sweepstakes; (b) defend,
indemnify, release and hold harmless the Sponsor, the Washington Capitals,
Capital One Arena, Monumental Sports & Entertainment, the NHL and all of
its teams, and each of their respective parents, subsidiaries, and affiliates
and affiliated companies, celebrities, celebrities' team/employer, partners and
any other person and organization responsible for sponsoring, fulfilling,
administering, advertising or promoting the Sweepstakes, and all of their
respective past and present officers, directors, employees, agents, attorneys
and representatives, and their successors and assigns (collectively, the
"Released Parties") from and against any and all claims, expenses,
and liability, including but not limited to negligence and damages of any kind
to persons and property, including but not limited to invasion of privacy,
defamation, slander, libel, violation of right of publicity, infringement of
trademark, copyright or other intellectual property rights, property damage, or
death or personal injury arising out of or relating to a participant’s entry,
creation of an entry or submission of an entry, participation in the
Sweepstakes, travel, lodging, acceptance, possession, attendance at, defect in,
delivery of, inability to use, use or misuse of Sweepstakes Prize, or any
portion thereof (including any travel or activity related thereto) and/or the
broadcast, exploitation or use of entry. Released Parties are not responsible
if the Sweepstakes Prize, or any portion thereof, is delayed, postponed or
cancelled for any reason, in which event that portion of the prize is forfeited
in its entirety and no substitution will be provided except at the Sponsor’s
sole discretion.
RELEASED PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES
MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING
THOSE RELATED TO the prize. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES
BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS
PROVIDED AND/OR MADE AVAILABLE THROUGH THE Promotion OR FOR ERRORS OR
ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD
OF the prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED
PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE SWEEPSTAKES OR
RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SWEEPSTAKES.
PUBLICITY
RELEASE: Except where prohibited or restricted by law, Sweepstakes
Winner's acceptance of, and Guest’s participation in, the Sweepstakes Prize, or
any portion thereof, constitutes the Sweepstakes Winner’s and Guest’s
agreement, permission and consent for Sponsor, the Washington Capitals,
Monumental Sports & Entertainment, and any of their affiliates or designees
to use and/or publish the Sweepstakes Winner's and/or Guest’s full name, city
and state of residence, photographs or other likenesses, pictures, portraits,
video, voice, testimonials, and/or statements made by the Sweepstakes Winner
and/or Guest regarding the Sweepstakes or otherwise, worldwide and in
perpetuity for any and all purposes, including, but not limited to,
advertising, publicity, trade and/or promotion on behalf of Sponsor, the
Washington Capitals or Monumental Sports & Entertainment and any of their
affiliates or designees, in any and all forms of media, now known or hereafter
devised, including, but not limited to, print, TV, radio, electronic, cable, or
World Wide Web, without further limitation, restriction, compensation, notice,
review, or approval. Sweepstakes Winner is solely responsible for acquiring
Guest's agreement and consent for all required documents, and failure to do so
will disqualify Guest from participating in any portion of the Sweepstakes Prize.
In
order to participate in the Sweepstakes, entrants will be required to supply
certain information about themselves on the Sweepstakes Website entry
pages. Sponsor has specified on the Sweepstakes Website which information
is mandatory in order to participate in the Sweepstakes. This information
will be used by Sponsor for the purposes of administering the Sweepstakes, and
may be shared with the Washington Capitals, Monumental Sports &
Entertainment, as well as their respective affiliates, subsidiaries,
advertising, promotion, and fulfillment agencies, legal advisors, and service
providers. Entrant’s information will be collected, processed and used in
accordance with Sponsor’s privacy policy. Sponsor’s privacy policy can be
found at https://monumentalsports.com/privacy-policy/.
GENERAL
CONDITIONS: The Released Parties shall not have any obligation or
responsibility, including any responsibility to award any prize to entrants,
with regard to: (a) entries that contain inaccurate information or do not
comply with or violate these Official Rules; (b) entries, prize claims or
notifications that are lost, late, incomplete, illegible, unintelligible,
damaged or otherwise not received by the intended recipient, in whole or in
part, due to computer, human or technical error of any kind; (c) entrants who have
committed fraud or deception in entering or participating in the Sweepstakes or
claiming the Sweepstakes Prize; (d) telephone, electronic, hardware, software,
network, Internet or computer malfunctions, failures or difficulties; (e) any
inability of the Sweepstakes Winner to accept the Sweepstakes Prize for any
reason; (f) if a Sweepstakes Prize cannot be awarded due to delays or
interruptions due to Acts of God, natural disasters, terrorism, weather or any
other similar event beyond Sponsor’s reasonable control; or (g) any damages,
injuries or losses of any kind caused by or resulting from awarding,
acceptance, possession, use, misuse, loss or misdirection of any Sweepstakes
Prize or resulting from participating in this Sweepstakes or any promotion or Sweepstakes
Prize related activities. Sponsor reserves the right, in its sole discretion,
to disqualify any individual it finds to be (x) tampering with the entry
process or the operation of the Sweepstakes, the Sweepstakes Website, or with
any website promoting the Sweepstakes; (y) acting in violation of these
Official Rules; or (z) entering or attempting to enter the Sweepstakes multiple
times in violation of these Official Rules or the use of any robotic or
automated devices to submit entries. If Sponsor determines, in its sole
discretion, that technical difficulties, malfunction, error, disruption or
damage or other unforeseen events compromise the administration, security,
fairness, integrity, proper conduct or viability of the Sweepstakes, Sponsor
reserves the right to void the entries at issue, and/or terminate the relevant
portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the
Sweepstakes and/or award the Sweepstakes Prize from all eligible entries
received as of the termination date. Sponsor reserves the right to
suspend, modify or cancel the Sweepstakes before the scheduled Sweepstakes End
Date. In the event the Sweepstakes is cancelled, all entries into such
Sweepstakes will be deemed null and void, all donations will be refunded to the
donors thereof, no winners will be selected and no Sweepstakes Prize will be
delivered.
GOVERNING
LAW; SEVERABILITY; WAIVER: The Sweepstakes and
these Official Rules shall be subject to and governed by the laws of the
District of Columbia. If a court of competent jurisdiction finds any provision
of these Official Rules, or their application to a particular person or
circumstances, is invalid or unenforceable to any extent, then the remainder of
these Official Rules, and the application of all of these Official Rules to
other persons or circumstances, shall not be affected by that determination,
and shall remain enforceable to the fullest extent permitted by law. The
failure of Sponsor to enforce at any time any provision of the Official Rules shall
not be considered a waiver of such provision or any other provision and shall
not deprive Sponsor of the right thereafter to enforce such provision or any
other provision.
MANDATORY
ARBITRATION AGREEMENT; CLASS ACTION WAIVER: BY entering THE SWEEPSTAKES, you FURTHER AGREE THAT (A) ALL
DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Promotion, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION; (B) ALL 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 ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES
WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you
HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES WHATSOEVER, INCLUDING DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL
OUT-OF-POCKET COSTS DESCRIBED ABOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS
ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Any claim,
other than a claim by Sponsor, that is not resolved informally must be resolved
in accordance with the below arbitration provisions. Unless prohibited by
federal law, each entrant, including, without limitation, any Potential Winner
or Sweepstakes Winner, agrees to arbitrate any and all claims and disputes
relating in any way to such entry or the selection of a Potential Winner or
Sweepstakes Winner, or delivery or awarding of the Sweepstakes Prize
(“Arbitration Claims”), except for Arbitration Claims concerning the validity,
scope or enforceability of this arbitration provision, through BINDING
INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce
and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”),
and not by state law.
In any
Arbitration Claim to be resolved by arbitration, neither the entrant nor
Sponsor will be able to have a court or jury trial or participate in a class
action or class arbitration. Other rights that entrant and Sponsor would have
in court will not be available or will be more limited in arbitration,
including the right to appeal. Entrants waive the right to a court or
jury trial. All disputes shall be arbitrated on an individual basis, and not as
a class action, representative action, class arbitration or any similar
proceeding. The arbitrator(s) may not consolidate the claims of multiple
parties.
Arbitrations
shall be administered by the American Arbitration Association (“AAA”) pursuant
to the applicable AAA rules in effect at the time the arbitration is initiated,
except to the extent modified by these Official Rules. If AAA is unable or
unwilling to arbitrate a dispute, then the dispute may be referred to any other
arbitration organization or arbitrator the parties both agree upon in writing
or that is appointed pursuant to section 5 of the FAA. The arbitration shall
take place in Washington, D.C. The arbitrator’s authority is limited to entrant
and Sponsor alone, unless otherwise specifically stated herein. No arbitration
decision will have any preclusive effect as to non-parties. The arbitrator’s
decision shall be final and binding. The parties agree that this arbitration
provision extends to any other parties involved in any Arbitration Claims,
including, but not limited to, the Released Parties. This arbitration provision
shall take precedence over the rules of the arbitration organization or arbitrator
in the event of any conflict.
The cost of
the arbitration shall be shared equally by Sponsor and entrant, but Sponsor and
entrant shall bear their own costs and attorney’s fees associated with their
participation in the arbitration. Notwithstanding any other provision herein,
if the foregoing class action waiver and prohibition against class arbitration
is determined to be invalid or unenforceable, then this entire arbitration
provision shall be void. If any portion of this arbitration provision other
than the class action waiver and prohibition against class arbitration is
deemed invalid or unenforceable, it shall not invalidate the remaining portions
of this arbitration provision.
Prior to
initiating an arbitration proceeding under this provision, entrant shall give
Sponsor written notice of the Arbitration Claim (a “Claim Notice”) and a
reasonable opportunity, not less than 30 days, to resolve the Arbitration
Claim. Any Claim Notice to Sponsor shall be sent by mail to Monumental Sports
& Entertainment Foundation, Re: Arbitration Claim, Capital One Arena, 601 F
Street NW, Washington, DC 20004. Any Claim Notice must (a) identify the entrant
by name, address, email address, and telephone number; (b) explain the nature
of the Arbitration Claim and the relief demanded; and (c) be submitted only on
behalf of entrant, and not on behalf of any other party. Entrant must
reasonably cooperate in providing any information about the Arbitration Claim
that Sponsor reasonably requests and must give Sponsor a reasonable opportunity
to respond to the demand for relief. The provisions of this section shall not
apply to claims by Sponsor.
WINNER’S
NAME; OFFICIAL RULES. For a copy of the Official Rules or the
final Winner's Name, visit the Sweepstakes Website or https://www.monumentalfoundation.org/
or mail a self addressed stamped envelope
to: Monumental Sports & Entertainment Foundation Capital One Arena, 601 F
Street NW, Washington, DC 20004, specifying either “Winner's Name” or “Official
Rules.”
COPYRIGHT: All
Sweepstakes materials are the property of the Sponsor and may not be copied,
reproduced or used for any purpose without Sponsor’s express prior written
consent.
NOTICE:
Sponsor reserves the right to prosecute and seek damages against any
individual who attempts to deliberately undermine the proper operation of the
Sweepstakes in violation of these Official Rules and/or criminal and/or civil
law.
Copyright
2019 Monumental Sports & Entertainment Foundation. All rights reserved.
Monumental
Sports & Entertainment Foundation and the Washington Wizards associated
logos are trademarks of Monumental Sports & Entertainment Foundation and
the Washington Wizards respectively. Any other trademarks in these Official
Rules are used for prize identification purposes only and are the properties of
their respective owners.