Nov 02 2018

Basketball Ticket Giveaway

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Bearingstar Insurance and not to Facebook. The information you provide will only be used for this sweepstakes.

*Must be 18 or older to enter

*Bearingstar Insurance employees are not eligible

Bearingstar Insurance – Basketball Ticket Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.

SWEEPSTAKES ONLY AVAILABLE IN CONNECTICUT AND MASSACHUSETTS.

VOID OUTSIDE CONNECTICUT, MASSACHUSETTS AND WHERE PROHIBITED BY LAW.

A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW.

Eligibility: The Bearingstar Insurance Ticket Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the states of Connecticut and Massachusetts who are currently physically located and residing therein and who are eighteen (18) years of age or older as of the date of entry. Entrants must be Facebook members to enter; however, the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook. By participating in this promotion, entrant agrees to fully release, forever discharge and hold harmless Sweepstakes Entities and Facebook of any and all liability arising out of this Sweepstakes. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Employees of Arbella Insurance (“Sponsor”), Bearingstar Insurance, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.

Sweepstakes Period: For all purposes of this Sweepstakes, the Website’s (defined below) computer is the official clock and all times refer to Eastern Time (“ET”). The Sweepstakes begins at 9:00AM, November 2, 2018 and ends at 11:59AM, November 7, 2018 (“Sweepstakes Period”).

How to Enter: Entrants may enter the promotion by commenting on any Bearingstar Ticket Giveaway contest-related posts during the promotional window November 2 through November 7, 2018. Entrants understand that they are providing their information to the Sponsor and not to Facebook. After completing and submitting the Entry Information, said entrant will then receive one (1) entry into the Sweepstakes (“Sweepstakes Entry”). Sweepstakes Entries must be received by 11:59AM, November 7, 2018. Limit one (1) Sweepstakes Entry per person (based on email address) for the entire Sweepstakes. Sweepstakes Entries in excess of the stated limits will be disqualified. Any attempted form of entry other than as described herein is void. Proof of submitting a Sweepstakes Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempt by an entrant to obtain more than the stated number of Sweepstakes Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Sweepstakes Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.

Prize/Odds of Winning: One (1) prize will be awarded: two (2) tickets to the November 14, 2018 basketball game at TD Bank Garden, Boston, MA. Odds of winning the prize depends on the total number of eligible Sweepstakes Entries received during the Sweepstakes Period. Seat location determined by Sponsor in its sole discretion. Prizes must be taken before November 9, 2018 or they will be forfeited and an alternate winner will be selected. All expenses associated with the receipt or use of a prize not specifically mentioned as being included (e.g. airfare, ground transportation, hotel, food, etc.) are excluded and are each winner’s sole responsibility. No cash equivalent for prize(s) will be available. Prize is not transferable. However, Sponsor may, in its sole discretion, choose to substitute a prize of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace prize with a similar version; but, in such event, prize(s) and prize notification(s) will only be sent to U.S. addresses in Connecticut and Massachusetts. Any depiction of prize(s) in Sweepstakes materials or otherwise, are for illustrative purposes only. All federal, state or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize(s) will be the sole responsibility of the winner(s). The Sweepstakes administrator is not the supplier or guarantor of the prize.

Drawing and Notification of Winner: The winners will be randomly selected in a drawing held by the Sweepstakes Administrator on or about November 7, 2018 (“Drawing Date”) from among all eligible Sweepstakes Entries received. The winners will be notified via email by the Sweepstakes Administrator at the email address provided on his/her Sweepstakes Entry within approximately one (1) day of the Drawing Date. If the potential winner cannot be reached after two (2) email attempts within a forty-eight (48) hour period; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her prize is returned as undeliverable, the winner will be disqualified and an alternate potential winner of such prize may be selected at Sponsor’s sole discretion. The potential winners will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor and/or the Sweepstakes administrator requires (collectively “Affidavit/Release”) within five (5) days after receipt by the potential winner or such potential Sweepstakes prize winner may be disqualified and an alternate winner for such prize may be selected. The sweepstakes prize winners guests (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) will be required to execute, have notarized, and return an original unmodified Liability Release, a Publicity Release (where lawful) and any other documentation that the Sweepstakes administrator and/or Sponsor requires (“Guest Releases”) within five (5) days after receipt by the prize winner. By returning a completed Affidavit/Release and, if applicable, Guest Release, such prize winner and guests, respectively, attest to the provisions stated therein including compliance with these Official Rules.

General Conditions: Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively “Rules and Laws”). By entering the Sweepstakes, entrants agree and acknowledge to be bound by these Rules and Laws, as well as the decisions of the Sweepstakes administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from use of any submitted Sweepstakes Entry; to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Once submitted, Sweepstakes Entries become the sole property of the Sponsor and will not be returned. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy and terms of service available on the Website. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or winner’s acceptance of prize constitutes permission for the Sweepstakes Entities to use winner’s name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Website), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Sweepstakes Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with Sweepstakes will be prosecuted and is not eligible for the prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and to conduct the drawing and the award the prize from all salvageable eligible Sweepstakes Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize(s) in a manner that is fair and equitable.

Disclaimers: Sweepstakes Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Sweepstakes Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Sweepstakes Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access the Sweepstakes, the Website, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The TD Bank Garden and each of their respective affiliates, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or the prize awarded. The TD Bank Garden and their participating teams are not affiliated with Sponsor and have not endorsed or sponsored this Sweepstakes or any product of Sponsor. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT AND THE EXCLUSIVE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE CITY OF BOSTON AND THE STATE OF CONNECTICUT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CONNECTICUT. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF BOSTON. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

Name of Winner/Rules: For names of the winners or a copy of these Official Rules (specify which in the subject line), send an email to gareth.leahy@bearingstar.com with the name of the Sweepstakes in the subject line. All email requests must be received no later than two (2) months (January 7, 2019) after the stated end date of the Sweepstakes Period. The Official Rules will be available on the Website during the entire Sweepstakes. Name of winner may also be posted on the Website.

Sponsor: Bearingstar Insurance

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