NO PURCHASE OR TRANSACTION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
Sponsored by TD Bank, N.A. (“Sponsor”), 1701 Route 70 East, Cherry Hill, NJ 08034.
1. Eligibility. The TD Ballpark Spring Training Sweepstakes (the “Promotion”) is open to legal US residents who are 18 years of age or older at time of entry (must be at least age of majority in state of residence at the time of entry). Minors and individuals who are not legal residents of the US are not eligible to enter or win. Employees, officers, and directors of Sponsor, the TD Ballpark or the Toronto Blue Jays, their corporate parents, and each of their respective affiliates, subsidiaries, advertising/promotion agencies, partners, and sweepstakes prize suppliers (collectively, the “Promotion Entities”), and each of their immediate family members (parents, spouse, children, and siblings) and/or those living in the same household (legally related or not) are not eligible to enter or win. Entrants need not be current customers of Sponsor. Sponsor’s decisions on eligibility and Sponsor’s interpretation of these Official Rules will be final and binding in all respects.
2. How to Enter. Visit the Clearwater (2689 Gulf of Bay Blvd., Clearwater, FL 33759) or Tarpon Springs (40916 US-19, Tarpon Springs, FL 34689) TD Bank store locations during regular business hours between March 9, 2020 and March 16, 2020 (the “Promotion Period”) to fill out an official entry form and deposit the completed entry form into the designated entry box. Limit one (1) entry per person. No purchase, deposit, transaction, or payment required. Only fully completed, accurate, legible, original entry forms received during the Promotion Period are eligible. No mechanically reproduced entries, alterations, facsimiles or forged entries. All entries become the sole and exclusive property of Sponsor and entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, misdirected, or mishandled entries. By participating in the Promotion, each entrant unconditionally accepts and agrees to be bound by these rules (the “Official Rules”), including all waivers, releases, indemnities, and limitation of rights.
3. Prize and Value. Two (2) prizes will be awarded in this Promotion after confirmation of winner eligibility. The selected winners, one from each of the participating store locations, will receive Four (4) In-the-Action tickets for the March 21, 2020 Toronto Blue Jays spring training game against the Detroit Tigers at TD Ballpark, Dunedin, FL, with a behind the scenes tour of TD Ballpark and batting pactice passes. Approximate retail value(“ARV”) of each prize: $400. Prize is non-transferable. No cash redemptions or substitutions except at Sponsor’s sole discretion. In the case of unavailability of any prize or component thereof, Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value. Sponsor is not liable for delays or cancellation of the prize event and no compensation will be paid in lieu of any cancelled or rescheduled event. Sponsor will not replace any lost, mutilated, or stolen tickets, vouchers, or certificates. Prize event tickets are subject to the terms and conditions set forth on the tickets. Any and all costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided as part of the prize are the sole responsibility of the winner, including, without limitation, all federal, state, and local taxes, transportation and meals, gratuities, and souvenirs. Prize awarded “AS IS,” without warranty of any kind, express or implied by Sponsor.
4. Winner Selection / Prize Claiming; Odds. Two (2) winners, one from each store location, will be selected in this Promotion by Sponsor in a random drawing from eligible entries on or about March 16, 2020. Winner need not be present. Odds of winning depend on the number of eligible entries received during the Promotion Period at each participating location. Prize claims are subject to verification and compliance with these Official Rules as determined in Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, illegible, or otherwise not in compliance with these Official Rules will be disqualified. In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor will have complete discretion over the administration of the Promotion and selection of the winner. The potential winner will be notified by telephone or by a form of electronic message within a reasonable time after selection. Notification is deemed to have occurred immediately upon placing the call or electronic message. Selected potential winner will be required to respond (as directed) to the notification within forty-eight (48) hours of attempted notification. If the potential winner does not respond or is unable to verify the information submitted with their entry, the entrant will be disqualified and their prize, if any, will be forfeited, and an alternate winner will be drawn. Verified winner will be given instructions on how to claim the prize. If the selected winner does not accept the prize, the prize will be forfeited and an alternate winner will be drawn from the remaining eligible entries. Prize winner will be required to complete, sign, and submit an affidavit of eligibility/liability release, tax ID documents, and (where legal) a publicity release (“Documents”) and return to Sponsor within seven (7) days of receipt or else forfeit the prize. Sponsor reserves the right to require winner’s guest to execute and deliver a liability release. Winner is solely responsible for all federal, state and local taxes and all fees and costs associated with the prize. An IRS Form 1099 MISC will be issued in the name of winner for prize values in excess of $600. If legitimately claimed, all prizes will be awarded. Unclaimed prizes, or unaccepted/unused portions of a prize, will be forfeited.
5. Publicity Release. To the full extent permitted by law, winner irrevocably grants Sponsor the right, license and permission to use winner’s name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion or in connection with any other Sponsor products, services, advertising and promotional materials, worldwide, in perpetuity, with no obligation, prior notice or approval, or consideration in addition to awarding of the prize to winner. Sponsor reserves the right to require winner’s guest to execute and deliver a publicity release. Entrants agree not to issue any publicity concerning Promotion Entities.
6. Tampering with Promotion. Promotion Entities are not responsible for actions of entrants or other third parties, including any attempts to circumvent the Official Rules or otherwise interfere with the administration, security, integrity or proper conduct of the Promotion. Persons found tampering with or interfering with the proper conduct of the Promotion, or whom Sponsor believes to be causing any malfunction, error, disruption or damage will be disqualified. Any attempt to cheat the Promotion, as determined at the sole and absolute discretion of the Sponsor will result in entrant’s immediate disqualification, and other possible consequences, including legal action and disqualification from /all existing and future promotions. ANYONE ATTEMPTING TO DEFRAUD SPONSOR OR TAMPER WITH, DAMAGE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO LEGAL ACTION. SPONSOR RESERVES RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Suspension / Modification / Termination. In the event Sponsor is prevented or substantially hindered from continuing with the Promotion or awarding a prize by any cause or event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war, interference with the Promotion by any party, or any federal, state or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor has the right to modify, suspend, or terminate the Promotion or the award of any prize. Without limiting the foregoing, Sponsor reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Promotion for any reason if Sponsor determines that the Promotion cannot be administered in a fair, proper, secure and lawful manner. The terms of these Official Rules take precedence over any conflicting Promotion materials. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level, the intended prize will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
8. Waivers / Disclaimers / Releases. In consideration of participation in the Promotion and a chance to win the prize, ENTRANTS HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR AND THE BOSTON BRUINS AND THEIR CORPORATE PARENTS AND AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITY, COSTS, LOSSES, DAMAGES, INJURIES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND LEGAL EXPENSES) ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROMOTION AND/OR RELATED TO THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR TRAVEL IN CONNECTION WITH THE PROMOTION OR PRIZE AWARD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS RELEASE, DISCHARGE AND HOLD HARMLESS AGREEMENT EXTENDS TO CLAIMS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RELATED TO OR ARISING FROM PARTICIPATION IN THE PROMOTION AND RECEIPT OR USE OF THE PRIZE, AND CLAIMS OF VIOLATION OF PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY, INCLUDING CLAIMS OF PORTRAYAL IN A FALSE LIGHT, WHETHER OR NOT CAUSED BY THE ALLEGED NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. Sponsor is not responsible for any typographical, human or other error in the printing, offering, selection, operation, or announcement of any Promotion activity and/or prize. Except as prohibited by applicable law, each entrant irrevocably waives any right to trial by jury in any litigation directly or indirectly arising out of or in connection with this Promotion, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND LIABILITY RESULTING OR ARISING FROM THE ENTRANT’S AND ENTRANT’S GUESTS’ ACTS OR OMISSIONS IN CONNECTION WITH THE PROMOTION, INCLUDING ANY VIOLATION OF LAW OR THESE OFFICIAL RULES, OR ANY MISCONDUCT IN CONNECTION WITH THE USE OF A PRIZE. Releases and indemnities hereunder are intended to be as broad as the law allows and apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Without limiting the generality of the foregoing, entrants acknowledge and agree that the RELEASED PARTIES: (A) HAVE NEITHER MADE NOR WILL BE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN CONNECTION WITH THE PROMOTION AND/OR WITH RESPECT TO ANY PRIZE, INCLUDING, WITHOUT LIMITATION, TO ANY PRIZE’S QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (b) maintain no control over the personnel, equipment or operation of any person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Promotion; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes or delayed or canceled events; human error; incorrect or inaccurate transcription of registration and/or account information; late or misdelivered mail; any technical malfunctions of the telephone network, wireless communication system, mobile network, computer system, computer equipment, software, or Internet service provider utilized by Sponsor or other Promotion Entities; interruption or inability to access any website of Sponsor or other Promotion Entities’ respective websites, 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 the Promotion; any lost or delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the alleged negligence of the Released Parties.
9. Entry Information. As a condition of entering, each entrant consents to the collection, use, and sharing of entrant’s personal information by and with Promotion Entities for purposes of administering the Promotion and to comply with applicable laws, regulations and rules. Any information provided to Sponsor may be used to communicate with entrant regarding the Promotion or included on a winner’s list. Sponsor reserves the right to use personal information collected in connection with this promotion in accordance with Sponsor’s privacy policy, located at:
http://tdbank.com/exc/pdf/privacy_shareinformation.pdf
http://tdbank.com/exc/pdf/privacy_marketingchoices.pdf
10. Governing Law / Limitation of Liability. All issues concerning construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or Released Parties and all other matters in connection with the Promotion will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and all disputes will be resolved in the state or federal courts located in the State of Florida. If any provision of the Official Rules or the Documents is found invalid or otherwise unenforceable or illegal, all other provisions will remain in effect and be construed in accordance with their terms. Sponsor’s failure to enforce any term of Official Rules will not constitute a waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event of discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Official Rules, unless otherwise provided by law, the English language version shall prevail and govern. This Promotion is void where prohibited or restricted by law.
ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW: (1) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) NO ENTRANT WILL BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO MULTIPLIED OR ENHANCED DAMAGES; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE/EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW LIMITATION/EXCLUSION OF LIABILITY, SO THEABOVE MAY NOT APPLY TO YOU.
11. List of Winner(s)/Official Rules Requests. For a winners list or a copy of these Official Rules, send a self-addressed, stamped envelope to: “TD Bank, TD Ballpark Spring Training Sweepstakes" [Winners List] [Official Rules], Attn: Marketing Dept., TD Bank, N.A., 12000 Horizon Way, Mt. Laurel, NJ 08054, within 60 days of the Promotion Date. VT residents may omit return postage with Official Rules requests.
Sponsor: TD Bank, N.A., 1701 Route 70 East, Cherry Hill, NJ 08034
SOCIAL MEDIA DISCLAIMER AND RELEASE. Although the Promotion may be featured on Facebook, Twitter and/or other social media platforms, the Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter and/or such other social media platforms. By participating in the Promotion, all entrants expressly acknowledge and agree that Facebook, Twitter and all other social media platforms on which the Promotion may be featured are not liable in any way for any claims, damages, or losses associated with the Promotion and are deemed “Released Parties” for purposes of the Waiver, Disclaimer, and Release provisions of the Official Rules.
CONSUMER DISCLOSURE: NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. No entrant has yet won. Sweepstakes period begins 3/9/20 and ends 3/16/20. Must be legal US resident to enter. Two (2) Prize Winners will be selected in a random drawing from eligible entries. Prize: Four (4) In-the-Action tickets for the March 21, 2020 Toronto Blue Jays spring training game against the Detroit Tigers at TD Ballpark, Dunedin, FL, with a behind the scenes tour of TD Ballpark and batting practice passes. The Approximate Retail Value of each prize is $400. No substitution or redemption for cash. Estimated odds of winning depend on the number of eligible entries received. Need not be present at drawing to win. Void where prohibited by law. Persons under 18 or affiliated with Sponsor, TD Ballpark or the Toronto Blue Jays are not eligible to enter or win. Taxes are responsibility of winner. Winner required to sign affidavit and release. Participation is subject to the Official Rules. See Official Rules for complete details, including prize restrictions. Sponsored by TD Bank, N.A., 1701 Route 70 East, Cherry Hill, NJ 08034.