NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Each text message, sent or received, may incur a charge as provided in your rate plan. Message and data rates may apply. If you enter via text message, you will receive up to two (2) text messages in response to your entry. Text-messaging may not be available through all wireless carriers.
1. Eligibility: Pittsburgh Penguins Mobile Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of General Nutrition Centers, Inc. ("GNC"), M3 Mobile, Inc. ("M3 Mobile"), Lemieux Group, LP ("Pittsburgh Penguins") and ePrize, LLC, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: General Nutrition Centers, Inc., 300 6th Ave., Pittsburgh, PA 15222. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on March 5, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on June 15, 2012 at 11:59 p.m. ET (the "Promotion Period"). M3 Mobile's computer is the official time keeping device for text message entry into this Sweepstakes.
4. How to Enter: There are two (2) ways to enter the Sweepstakes, as detailed below.
a) Text Message: During the Promotion Period, using a two-way text-messaging capable device, text PENS to GNC4U (46248). Text STOP to GNC4U (46248) to cancel. Text HELP to GNC4U (46248) for information. Each text message constitutes one (1) Sweepstakes entry. There is a limit of one (1) text message entry per person during the Promotion Period.Entrants who enter the Sweepstakes by text-messaging will be charged according to their carriers' standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers. Entry via text message constitutes your express permission to allow Sponsor to provide you with future mobile messages, five (5) texts will be received per month, until Opt-out is received by Sponsor — You may opt-out of receiving such mobile messages at any time. ALL TEXT MESSAGE ENTRIES MUST BE SUBMITTED BY 11:59 PM ET ON June 15, 2012.
b) Mail-in Alternate Method: To enter without using your cell phone, hand print your name, address, day and evening phone numbers, email address (if any), and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to "Pittsburgh Penguins Mobile Sweepstakes," c/o Dept# 583112, PO Box 5046, Kalamazoo, MI, 49003-5046. You will receive one (1) entry into the Sweepstakes. Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be postmarked by June 15, 2012 and received by June 22, 2012. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: There is a limit of one (1) Sweepstakes entry per person, regardless of method of entry, during the Promotion Period. Multiple entrants are not permitted to share the same email address or text-messaging capable device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, text-messaging capable devices, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the email address or the text-messaging capable device used to register will be deemed to be the entrant. The "authorized account holder" of an email address, is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the "authorized account holder" of a text-messaging capable device is the natural person in whose name the device has been issued and the services are billed. Potential winner may be required to show proof of being the authorized account holder.
5. Winner Determination and Verification: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winner is final and binding in all matters related to the Sweepstakes. Receiving a prize is contingent upon compliance with these Official Rules. Administrator will randomly select the potential Sweepstakes winner, from all eligible entries received on or around June 28, 2012. The potential winner will be notified by email, phone, or mail after the date of random drawing. Any potential winner who entered via text-messaging will be notified by phone. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability & Publicity Release ("Declaration") to Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If the potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, or prize is returned as undeliverable, potential winner forfeits the prize. In the event that the potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Grand Prize will remain un-awarded. Grand Prize will be fulfilled 8-10 weeks after the conclusion of the Sweepstakes.
6. Prize: ONE (1) GRAND PRIZE: $5,000 (awarded as a check). Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, M3 Mobile, Inc., Lemieux Group, LP, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes the winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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 attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.