You Make The Call: Upper Deck Asks Fans to Select Rookie Card Photos for Jack Eichel, Jake Virtanen, Noah Hanifin, Connor McDavid, Max Domi and Andreas Athanasiou!
This You Make The Call: Upper Deck Asks Fans to Select Rookie Card Photos for Jack Eichel, Jake Virtanen, Noah Hanifin, Connor McDavid, Max Domi and Andreas Athanasiou! voting (the “Voting”) is sponsored by The Upper Deck Company, a Nevada corporation located at 2251 Rutherford Rd., Carlsbad, CA 92008 (“Upper Deck”), which is solely responsible for its content. Voting begins on Wednesday, November 25, 2015 11:00:00 A.M. PST and ends on Monday, November 30, 2015 11:59:59 P.M. PST (“Voting Period”).
HOW TO VOTE: To enter the Voting, visit the website, https://mcprod.upperdeckstore.com/youngguns (“Website”), during the Voting Period and vote for the image that you want Upper Deck to use for Jack Eichel, Jake Virtanen, Noah Hanifin, Connor McDavid, Max Domi and Andreas Athanasiou's Rookie card in the 2015-16 Upper Deck Series 2 Hockey. You will need a valid Facebook account in order to vote. Once you have entered the Website, you will see a pop-up box prompting you to log into Facebook. You must log into Facebook to be able to vote. Once you have logged into Facebook, you will see a pop up that asks you to “Like The Upper Deck Company”. You can either select the “Like” button and click the continue button OR you can skip and not click the “Like” button. Once you’ve “Liked” us or skipped the option, you will be able to vote on the selected images. You are not required to “Like” the Upper Deck Facebook page and “Liking” will not affect the eligibility of your vote. You will be able to only vote for one (1) image and you are only permitted to vote one (1) time during the Voting Period. Voting is subject to standard Internet access charges and data rates may apply.
ELIGIBILITY: Voting is open and offered only to legal residents of the 50 United States, including the District of Columbia (but excluding Puerto Rico), or Canada (excluding the province of Quebec) who have the age of majority in his or her state, province, or territory of residence at the time of entry (“Voter”). Voters must have valid Facebook accounts and be logged on through the Website in order to vote. Employees of Upper Deck, the NHL Entities (defined below), the NHLPA (defined below), their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter. Void where prohibited by law.
GENERAL CONDITIONS: If the operation or administration of this Voting is impaired or incapable of running as planned for any reason whatsoever, including, but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, malfunctions, or (e) any other causes beyond the control of Upper Deck which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Voting, Upper Deck reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Voting in whole or in part, at any time, without notice. Upper Deck also reserves the right, at its sole discretion, to disqualify any individual and reject his or her vote if such individual is deemed to be (a) tampering or attempting to tamper with the voting process or the operation of the Website or (b) using a third party service to vote on the individual’s behalf. Upper Deck reserves the right to modify any of the Voting rules and the terms and conditions of this Voting process at any time, in its sole discretion.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Voting, Voter agrees to release and hold harmless Upper Deck, the Administrator, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, the National Hockey League (“NHL”), and its member clubs (the foregoing NHL entities, collectively, the “NHL Entities”), the National Hockey League Players’ Association and its members (“NHLPA”) and their respective parent companies, employees, officers, directors, agents, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Voting, including, but not limited to: (a) any technical errors that may prevent a Voter from submitting a vote, including, but not limited to, interrupted or unavailable networks, applications or servers; miscommunications; failed computer hardware or software; or other technical failures; (b) unauthorized human intervention in the voting; (c) any damages to Voter’s device(s) that may occur from use of the service; or (d) errors in the administration of the voting. Released Parties assume 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, votes. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line 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, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this voting. Voter further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the voting, and in no event shall the Released Parties be liable for attorney’s fees or any other costs. Voter waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Participants agree that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including, but not limited to, the implied warranties of merchantability, title and fitness for a particular purpose), in fact or in law, relative to the Voting. Without limiting the generality of the foregoing, Upper Deck does not make any express or implied warranties or representations with respect to the Voting or its websites and Upper Deck shall not be liable for the consequence of any interruptions or errors related thereto. In no event shall the Released Parties be liable for any incidental, exemplary, punitive, consequential, or special damages of any kind, including, without limitation, lost profits or lost opportunities, regardless on the cause of action.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.