By participating in the Super Bowl
Legends Giveaway (a.k.a. "Giveaway"), you (if a minor in jurisdiction of
residence, your parent or legal guardian) agree to these Official Rules and the
decisions of The Topps Company, Inc. ("Topps" or "Sponsor"), which are final
and binding in all respects and not subject to appeal. In using toppslegends.com
to participate in the Giveaway, you (if a minor, your parent or legal guardian)
understand and agree that your participation is subject to compliance with the
Terms of Use of the Website and the Website"s Privacy Policy. If you (if
a minor, your parent/legal guardian) do not agree to the Terms of Use and the
Privacy Policy, do NOT use the Website or participate in the Giveaway. If you
are a minor, you are advised to obtain the permission of your parent or legal
guardian before using the Website or participating in the Giveaway.
- Eligibility.
OPEN ONLY TO LEGAL RESIDENTS OF
THE 48 CONTIGUOUS STATES OF THE UNITED STATES, THE DISTRICT OF COLUMBIA OR
CANADA (EXCLUDING QUéBEC PROVINCE). Employees,
officers and directors (and their immediate families and same household members,
whether related or not) of Sponsor, its parent, subsidiaries, affiliates,
agencies and prize suppliers; retailers and distributors of Topps products and
NFL Entities (as defined below) are NOT eligible. For purposes of these
Official Rules, "immediate family" is defined as parents, step-parents,
children, step-children, siblings, step-siblings, or spouses, regardless of
where they live. Groups, clubs, organizations, commercial entities, and
businesses cannot participate. Topps further reserves the right to
prohibit an individual from participating in the Giveaway, without liability of
any kind, if Topps determines that such individual participated in a previous
Topps "Giveaway" promotion in violation of the Official Rules of such previous
"Giveaway" promotion. Void in Alaska, Hawaii, Québec
Province, Puerto Rico and where prohibited by law.
- To Play - SBLC.
-
Get a SBLC. Look
for a Super Bowl Legends Code Card ("SBLC") randomly inserted in packs of 2011 Topps Football cards, while supplies last. The
odds of obtaining a SBLC per pack are approximately 1:6. NO
PURCHASE NECESSARY. For a chance to obtain a SBLC without purchase
at the same odds, print your name and complete address on 3"x5" card and
mail in a business size (#10) envelope to: NPN 2011 TOPPS FOOTBALL SUPER
BOWL LEGENDS GIVEAWAY CODE CARD, P.O. BOX 2230, DURYEA, PA 18642.
Only one card per envelope, mailed separately, postmarked by October 26,
2011, and received by November 2,2011. No metered mail. Limit 1
requests per household for 2011 Topps Football Super Bowl Legends
Giveaway. Failure to comply will result in all entries disqualified.
Drawings on or about November 9, 2011.
-
Registration for Super Bowl
Legends Giveaway.
-
New to Topps" Giveaways?? Register
@ the Super Bowl Legends Giveaway Site. Beginning on or about 08/20/2011 at 12:00:01 a.m. ET, go to
www.toppslegends.com and create your Super Bowl Legends Giveaway account
("Account") by first providing your date of birth. If you are (13) or over,
complete registration by providing your first and last name, e-mail address,
and creating a unique password and username. If you are under (13), you will be
asked to provide your first name, your parent/legal guardian"s e-mail address [DO
NOT PROVIDE YOUR OWN E-MAIL ADDRESS], and to create a unique password
and username. (Your parent/legal guardian will receive an e-mail from Sponsor
and must provide his/her verifiable consent in a form prescribed by Sponsor before
your Account will be activated and you will be permitted to participate in the Giveaway
on-line.)
-
Returning Users. If you
have an account for the Topps Million Card Giveaway, Topps GRIDIRON GIVEAWAY or
Topps Diamond Card Giveaway, you MUST use that account to participate in the Super
Bowl Legends Giveaway. If you already have an account for any of the
preceding Topps Giveaway promotions, DO NOT CREATE A NEW ACCOUNT FOR THE SUPER
BOWL LEGENDS GIVEAWAY. Topps
will automatically update your Account for participation in the Super Bowl
Legends Giveaway. Simply access your Account as in the past by using your
username and password.
-
About Accounts. You are solely responsible for maintaining the
security of your password, username and your Account. Topps expressly disclaims
any and all liability for the safeguarding and security of your password,
username and your Account. TOPPS CAUTIONS YOU TO KEEP YOUR PASSWORD AND
USERNAME STRICTLY CONFIDENTIAL AND NOT TO SHARE IT WITH ANYONE; TREAT THIS
INFORMATION AS YOU WOULD ANY OTHER SENSITIVE PERSONAL INFORMATION. If
Topps suspects that a password, username or Account has been compromised, Topps
may "lock" the Account without warning or notice (and/or take any other
remedial actions deemed necessary and appropriate by Topps given the
circumstances, in its sole discretion), preventing use of the Account for
participation in the Giveaway unless and until the authenticity of the
individual who opened that Account has been substantiated to the satisfaction
of Topps, in its sole discretion. By creating/updating your Account for participation
in the Giveaway, you expressly waive and release Topps from any liability in
conjunction with "locking" an Account or other remedial actions that Topps may
take. In order to create or update your Account for participation in
the Giveaway, you must check the box indicating that you have read and agree to
these Official Rules. Limit of one (1) Account per person. The use (or
suspected use) of any device or artifice to create or update multiple Accounts
for participation in the Giveaway constitutes tampering as per Rule 6D below.
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Enter Code from SBLC. When prompted, manually key-stroke the Code from your SBLC ("Code")
beginning around 08/15/2011 at 12:00:01 a.m. ET and ending on 01/31/2012
at 11:59:59 p.m. ET. If the Code is accepted, a Topps football card OR a
digital item will be randomly allocated to the inputted Code. The
universe of Topps football cards participating in the Giveaway consists
of Super Bowl Future Legends cards (that is, "non-prize" football cards) as
well as "prize" football cards. "Prize" football cards consist of Super
Bowl Legend cards (available exclusively and in limited quantities on-line
via the Giveaway) and Joe Namath autograph cards. For information on digital
items, see Rule 2D below. A virtual image of the football card OR digital
item randomly allocated to your Code will be placed into your Account.
Limit of one (1) football card OR digital item per accepted Code. Receipt
of football card OR digital item is subject to verification and
compliance with these Official Rules. If virtual image of football
card OR digital item cannot be placed into Account for any reason, football
card OR digital item (as appropriate) will be forfeited. FORFEITED CARDS/DIGITAL
ITEMS WILL NOT BE AWARDED.
-
Additional Information About Digital Items. Three (3) different types of digital items will be made
available via the Giveaway: digital Super Bowl rings, digital Super Bowl
jerseys and digital Super Bowl coins. (45) unique units of each of the three (3)
types of digital items are available. For each of the three (3) different types
of digital items, one (1) digital item of the set is the rare one needed to
complete the set for that particular type of digital item. Participants will
qualify to receive "Collect "X" Collection Prizes by collecting prescribed
quantities of each type of digital item; see chart below. If a participant
collects a prescribed quantity of a given type of digital item and qualifies
for a certain level of "Collect X" Collection Prize, such digital items may be
used to qualify for higher levels of "Collect X" Collection Prizes (for that
type of digital item). If a participant collects all (45) unique units for a
certain type of digital item, he/she qualifies to receive a prize of one (1)
autographed Joe Namath card (with an approximate retail value of $200). Odds of
obtaining the one (1) rare unique unit of each digital item are approximately 1:20,000.
Based on its experience in offering promotions similar to the Giveaway in the
past, Sponsor estimates that 100 Joe Namath autographed cards, with a total
approximate retail value of $200 will be awarded as Collection Prizes. Different
types of digital items CANNOT be combined for purposes of qualifying for
Collection Prizes (including but not limited to "Collect X" Collection Prizes.)
For example, to qualify for the "Collect X" Collection Prize of the $10 www.shoptopps.com coupon, you must collect 5 digital rings; collecting 2 digital rings, 2
digital jerseys and 1 digital coin will NOT qualify you for the $10 www.shoptopps.com coupon prize (or any other prize). Regardless of the number
of digital items collected: there is a limit of one (1) of each level of
"Collect X" Collection Prize per type of digital item per person (that is,
three (3) "Collect X" Collection Prizes per level per person) and a maximum of
three (3) autographed Joe Namath cards as Collection Prizes per person (i.e.,
one (1) autographed Joe Namath card per complete set of (45) unique units of
each type of digital item collected, per person). As a
precondition for prize claim for Collection Prizes (including but not limited
to "Collect X" Collection Prizes) to be verified and to receive Collection
Prizes, indicated quantity of a given type of digital item must be in
participant"s Account simultaneously as per Sponsor"s records and must all
remain in the Account for a minimum of forty-eight (48) hours thereafter.
If a digital item is traded by a participant to another participant as per Rule
3B below, such digital item will be removed from the transferring/trading
participant"s Account and cannot be counted toward the transferring/trading
participant"s collection of digital items toward winning Collection Prizes. Award
of Collection Prizes (including but not limited to "Collect X" Collection
Prizes) is subject to verification by Topps and participant"s full compliance
with these Official Rules (including prize claim instructions, as applicable).
If one"s participation is determined by Topps in its sole discretion to be
invalid or if he/she is not in full compliance with these Official Rules
(again, as determined by Topps in its sole discretion), participant may be
disqualified. See Rule 5G for effect of disqualification. IF A COLLECTION
PRIZE (INCLUDING BUT NOT LIMITED TO A "COLLECT X" COLLECTION PRIZE) IS
UNCLAIMED/UNAWARDED, SUCH COLLECTION PRIZE WILL NOT BE AWARDED.
Quantity of a given Unique Digital Item to be Collected |
"Collect X" Collection Prize |
Approx. Retail Value (ARV)/each |
3 |
1 additional Code |
n/a |
6 |
Coupon good for $10 off select purchases at www.shoptopps.com (subject to terms/conditions) |
$10 (USD) |
10 |
1 entry in Random Drawing for autographed Joe
Namath card** |
200 |
45 |
FREE Joe Namath Autographed Card |
200 |
**A person will automatically receive one (1) entry
in the random drawing, up to a maximum of three (3) entries in total, by
collecting any ten (10) unique units of each type of digital item. The drawing
will occur at Topps" offices on or about 2/15/2012; the drawing will be
conducted by Sponsor. One (1) winner will be selected in the drawing; and, the
winner will be notified by e-mail or phone. Odds of winning the prize in
the drawing depend on the number of eligible entries received.
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To Play – Account Activity.
-
Virtual Holdings. The virtual image of
a football card represents a person"s ownership of one (1) of the corresponding
actual, physical football card. The virtual image, in and of itself, has
no value or significance beyond serving as a representation of a person"s
ownership of the corresponding actual, physical football card. The virtual
image of a digital item represents a person"s ownership of one (1) digital item. For the sake of clarity, digital items DO NOT have an actual,
physical equivalent and, if collected in the manner prescribed in Rule 2D, may
be redeemed for Collection Prizes.
-
Actions with Virtual Holdings. Once a
virtual image of a football card or digital item is placed into his/her
Account, the Account holder may take the following actions: (i) keep the
corresponding football card or digital item in his/her Account; (ii) trade the
corresponding football card or digital item to another Account holder; or (iii)
take physical possession of the football card (option (iii) is NOT available
for digital items as they do not have a physical equivalent). NOTE:
VIRTUAL IMAGES OF CARDS, MEMORABILIA OR DIGITAL RINGS OBTAINED VIA PREVIOUS
TOPPS GIVEAWAY PROMOTIONS CANNOT BE USED FOR THE SUPER BOWL LEGENDS GIVEAWAY
AND ANY SUCH ATTEMPTED USE MAY CONSTITUTE FRAUD.
-
Option (i): Sponsor will not assess any maintenance or other charges in conjunction with
keeping football cards or digital items in his/her Account.
-
Option (ii): Available from 10/1/2011 at 12:00:01 a.m. ET to 01/31/2012 at 11:59:59 p.m. ET.
Account holders are only permitted to trade one (1) football card received via the Super Bowl
Legends Giveaway to another Account holder in exchange for one (1) or more
football cards received via the Super Bowl Legends Giveaway. Account holders
alternatively may trade (1) digital item received via the Super Bowl Legends
Giveaway to another Account holder in exchange for one (1) or more digital items
received via the Super Bowl Legends Giveaway. Trades involving football cards
or digital items received via the Super Bowl Legends Giveaway must be in kind; Super
Bowl Legends Giveaway football cards CANNOT be traded for digital items. Trades
also CANNOT include cash or other value (e.g., football cards NOT received via
the Giveaway). Trades involve the transfer of virtual images of football cards or digital items from the Account of one participant to the Account of another
participant. Trading must take place on Website, as administered by Sponsor.
Any trade consummated outside of the Website is void and of no effect. It
is the sole responsibility of the Account holder to independently evaluate the
sufficiency or adequacy of any trade. Sponsor disclaims any and all liability
for trades made by Account holders Once a trade is made, it cannot be modified,
cancelled or reversed except by mutual written consent of both trade partners
in a form satisfactory to Sponsor in its sole discretion. Younger participants
may wish to consult a parent/legal guardian or other unbiased adult for an
assessment of the fairness of a given trade BEFORE making such trade.
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Option (iii): Available
from 10/15/2011 at 12:00:01 a.m. ET to 01/31/2012 at 11:59:59 p.m. ET.
FOR
NON-PRIZE FOOTBALL CARDS, IN ORDER TO TAKE POSSESSION OF THE FOOTBALL CARDS,
YOU MUST PAY A SHIPPING AND HANDLING FEE OF $2.92 (USD) FOR THE FIRST FOOTBALL
CARD AND $0.53 (USD) FOR EACH ADDITIONAL FOOTBALL CARD.
THIS
PAYMENT IS ONLY REQUIRED IF FOOTBALL CARD IS NOT IDENTIFIED BY SPONSOR AS A
"PRIZE FOOTBALL CARD." IN ADDITION, THIS PAYMENT DOES NOT APPLY TO FOOTBALL
CARDS WHICH ARE COLLECTION PRIZES OR THE FOOTBALL CARD AWARDED VIA RANDOM
DRAWING.
Non-prize
football cards will be shipped via U.S. Postal Service as first class mail,
unless an individual specifically requests shipment via certified delivery
method. Fees for shipment via certified delivery method
will vary depending on location of user; and, user must affirmatively consent
to pay such additional charges for certified delivery method before request for
such service will be processed.
Sponsor
will ship Prize Football Cards, football cards that are Collection Prizes and
the football card awarded via the random drawing via certified delivery method.
Shipments of Non-prize football cards and Prize Football Cards (or football
cards that are Collection Prizes or the football card awarded via the random
drawing) may only be combined at the sole discretion of Sponsor.
To
receive football cards via certified delivery method, a physical address is
required (P.O. Boxes not accepted). Allow 4 – 6 weeks from notification
to Sponsor of exercising Option (iii) for receipt of football cards. Once you
have exercised Option (iii) and elected to take physical possession of football
cards, the corresponding virtual images of such football cards will be removed
from your Account. Once Option (iii) has been exercised, it cannot
be modified, cancelled or reversed.
Warning:
Giveaway ends 01/31/2012 After 01/31/2012, Option (iii) will no longer be
available and all Accounts will be closed by Sponsor for purposes of
participation in the Super Bowl Legends Giveaway. Once closed, the contents of
Accounts automatically revert to Sponsor and Account holder waives and releases
any and all property rights in Account and its contents without compensation of
any kind. Participants may not receive any further notification prior to
Account closure on 01/31/2012.
Notwithstanding
the foregoing, Sponsor reserves the right, in its sole discretion, to allow
Account holders to use the contents of their Accounts in a converted form for
purposes of participation in future Topps Giveaway or other promotion(s).
Should Sponsor elect to do so, Sponsor shall (a) post a notice to such effect
on the Account page and (b) determine, in its sole judgment, the number of game
pieces, game plays, entries or other virtual units that the contents of
Account holder"s Account as of 01/31/2012 at 11:59 p.m. PT will be converted
into (assuming that Account holder is eligible as per the official rules of such
future Topps Giveaway or other promotion); but, if Account holder is not
eligible for such future promotion, Topps shall have no liability of any kind
to such Account holder For the avoidance of doubt, nothing herein in any way
obligates Sponsor to allow for such conversion and its failure to do so will
not result in liability of any kind. Without in any way limiting
the foregoing, Sponsor is in no way obligated and will have no liability if it
chooses not to offer any Topps Giveaway or other promotions utilizing contents
of Account in the future.
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Prizes/Odds (See Rule 2D above
for Collection Prizes [other than "Collect X" Collection Prizes]
and Random Drawing Prize).
100 Prize
Football Cards are available to be won. Odds of obtaining a Prize Football Card
depend on a variety of factors including the number of Codes inputted and when
a particular Code is inputted. The total ARV of all Prize Football Cards is $20,000
(USD).
TOTAL
APPROXIMATE RETAIL VALUE OF ALL PRIZES (INCLUDING COLLECTION PRIZES [OTHER THAN
"COLLECT X" COLLECTION PRIZES] AND RANDOM DRAWING PRIZE, AS PER RULE 2D ABOVE):
$25000 (USD).
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Conditions of Participation.
-
About Codes/Digital Items. Codes, virtual images of football cards and digital items are
valid only for the Giveaway and may only be used by participants
accordance with these Official Rules. Any other use (or attempted use) of
Codes, virtual images of football cards or digital items is prohibited.
Without limiting the foregoing, Codes, virtual images of football cards
and digital items have no cash value and cannot be redeemed or exchanged by
participants for cash or credit; with the sole exception of redeeming digital
items for Collection Prizes, as per Rule 2D. Any attempt by a
participant to purchase/sell (at auction or otherwise), trade, transfer,
assign or exchange Codes, virtual images of football cards or digital
items is void and may result in disqualification and perhaps other
sanctions as per Rule 6D. See Rule 5G for effect of disqualification. Notwithstanding
the preceding, virtual images of football cards and digital items may be
traded by participants pursuant to Rule 3B.
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Canadian Residents. To be deemed a prize winner (including winning Prize Football Cards), a
Canadian participant must first correctly answer a mathematical skill
testing question without mechanical or other assistance of any kind. Privacy Notice: Sponsor collects personal data when you
participate in the Giveaway on-line. On-line participation
constitutes your permission for the Sponsor and its affiliated companies
to maintain the data in the U.S. The data is collected to maintain
a record of those who have participated in the Giveaway, to administer
the Giveaway (and perhaps future Topps promotions) and, in the case of
U.S. residents only, for marketing purposes in accordance with the
Sponsor"s privacy policy located at www.topps.com
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Sponsor"s Computer as Clock. Sponsor"s computer is the official clock of the Giveaway and shall be
controlling in all respects.
-
Account Maintenance. It is the sole responsibility of the participant to keep his/her Account
information up-to-date at all times. Sponsor disclaims any and all
responsibility or liability for inability to contact an individual or for
return of virtual images of football cards, digital items, actual
football cards, or other information/material related to the Giveaway as
undeliverable if his/her Account information has changed and/or the
shipping information provided by participant is inaccurate (as
applicable). Sponsor also disclaims any and all responsibility or
liability for one"s inability to access his/her Account (including but
not limited to listing(s) of football cards and digital items that he/she
has accrued in the Giveaway). Additionally, you are strongly
advised to maintain your own records of your participation in the Giveaway
and you understand and agree that at any given time the information
available regarding the Giveaway at the Website may be inaccurate or
incomplete and you release Sponsor from any and all liability relative to
same.
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Additional Restrictions. All unspecified expenses in conjunction with participation in Giveaway (as
well as shipping and handling costs for taking physical possession of non-prize
football cards as per Rule 3B above) are the sole responsibility of the participant.
For Prize Football Cards, football cards that are Collection Prizes as
well as the football card awarded via the random drawing, such
unspecified expenses include but are not limited to property insurance. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, IN FACT OR IN
LAW, EXPRESS OR IMPLIED, AS TO THE VALUE/RESALE VALUE OF ANY FOOTBALL CARDS.
THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS
FOR THE INTENDED PURPOSE. All taxes on football cards and/or
prizes received via the Giveaway are the sole responsibility of participant
and Sponsor will report participant"s receipt of same to the appropriate
authorities in compliance with applicable law. No prize
substitution or cash equivalent except at Sponsor"s sole discretion due
to prize unavailability for any reason and only then for prize of
comparable value. No prize transfer.
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Affidavit of
Eligibility/Release. Winners of Prize Football Cards, Collection
Prizes (other than "Collect X" Collection Prizes) and/or the football
card awarded via the random drawing may be required to sign and return an
affidavit of eligibility, a liability release and a publicity release
(where legal) within an indicated time period. If won by a minor, prize
may be awarded to parent or legal guardian of winner who must sign
affidavit/release document on winner"s behalf. Failure of winner to
timely complete and sign affidavit/release may result in disqualification.
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Effect of Disqualification. If a participant is disqualified for any reason, such participant"s
registration for the Giveaway will be revoked, and his/her Account
closed, with all football cards/digital items in his/her Account being
forfeited, without compensation of any kind. Disqualification of a
participant in no way prevents Sponsor from seeking additional remedies
as allowed under law; see also Rule 6D.
-
Limitations of Liability.
-
Not Responsible for
Errors. Sponsor is not responsible for any computer,
programming, telephone, cable, satellite, network, electronic or Internet
hardware or software malfunctions, errors, failures, connections,
availability, or garbled or jumbled transmissions, service
provider/Internet/website/use net accessibility or availability, traffic
congestion, unauthorized human intervention or for inaccurate or
incomplete recordation of information related to the Giveaway.
Sponsor is not responsible for any typographical, programming,
mechanical, technological or other error in the printing of the offer, the
use and dissemination of virtual images of football cards, digital items,
the acceptance or distribution of Codes, the awarding of entries for
qualifying participants in the random drawing (as applicable) or the Giveaway
generally or in the announcement of football cards, Codes or digital
items received or prizes won by participants. These Official
Rules are intended solely for the personal use by an individual
participant and may be reproduced only once for his/her personal use; ANY
FURTHER REPRODUCTION OF THESE OFFICIAL RULES IS PROHIBITED.
-
Force Majeure. If,
for any reason, the Giveaway (or any part thereof) is not capable of
running as planned by reason of infection by computer virus, worms, bugs,
tampering, unauthorized intervention, fraud, technical failures, fire,
flood, storm or other natural cataclysm, riot, strike, civil commotion,
governmental regulation or any other causes beyond the control of Sponsor
which, in the sole opinion of Sponsor, could corrupt or affect the
administration, security, fairness, integrity or proper conduct of the Giveaway
(or any part thereof), Sponsor reserves the right at its sole discretion
to cancel, terminate, modify or suspend the Giveaway and conduct the Giveaway
in a manner which is fair, equitable and in accordance with these
Official Rules, as determined by Sponsor in its sole discretion.
Notice of such action by Sponsor will be posted at the Website.
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No More than Indicated No. of
Prizes Available.
-
No more than 75 Prize Football Cards will be awarded as
per Rule 2C of the Giveaway. In the event that production, seeding, printing,
digital or programming failures, or other reasons or any errors cause more than
75 Prize Football Cards to be available as per Rule 2C of the Giveaway (and/or
claimed), Sponsor reserves the right to award 75 Prize Football Cards as per
Rule 2C of the Giveaway, if previously not awarded, via random drawing among
all legitimate eligible claimants.
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As per Rule 2D, each participant may only win a maximum of
one (1) of each level of "Collect X" Collection Prize per type of digital item
collected and a maximum of three (3) autographed Joe Namath cards per person as
Collection Prizes (i.e., one (1) autographed Joe Namath card per complete set of
(45) unique units of each type of digital item collected, per person). In
the event that production, seeding, printing, digital or programming failures,
or other reasons or any errors cause single participant(s) to win more than allotted
maximums of any types of Collection Prizes (including but not limited to
"Collect X" Collection Prizes), Sponsor will modify the Collection Prize
component of the Giveaway so that each affected participant will have a fair
opportunity to win Collection Prizes in the manner set forth in Rule 2D.
Further, in such event, those participants who received more than the allotted
maximum of certain Collection Prizes may be required by Sponsor to return such
Collection Prizes received in excess of the allotted maximum (if applicable)
and their failure to promptly return such excess Collection Prizes (or their
approximate retail value) upon Sponsor"s request constitutes tampering as per
Rule 6D.
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IN ALL CASES, IT IS SPONSOR"S INTENT THAT NO MORE THAN THE
INDICATED QUANTITIES OF PRIZES WILL BE AWARDED (EITHER GENERALLY OR TO A GIVEN
PARTICIPANT). Sponsor"s sole liability for a defective Code is replacement with
another Code, provided supplies last; Sponsor"s sole liability for a defective
digital item is replacement with another randomly selected digital item (which
may or may not be the same type as the defective digital item), provided
supplies last.
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Tampering. Use or
attempted use of robotic, programmed or like methods of participation;
manipulation of one"s participation in the Giveaway (including, by way of
example only, the attempted creation/creation of "dummy" accounts or
attempted/actual re-use of a single Code) is prohibited and is tampering.
Sponsor reserves the right, at its sole discretion, to disqualify any
individual it finds, in its sole discretion, to be tampering (or
attempting to tamper) with the operation of the Giveaway or the Website;
who perpetrates (or attempts to perpetrate) any act of fraud on Sponsor
or any other party (including other participants) in conjunction with the
Giveaway; or who violates these Official Rules. Sponsor reserves the
right, in its sole discretion, to pursue remedies in addition to
disqualification under these or other circumstances as deemed appropriate
by Sponsor in its sole discretion. Such remedies may include prohibiting
such individual from participating in future "Giveaway" promotions and/or
other promotions or activities offered by Topps.
-
No Waiver/Severability/Headings. Sponsor"s failure to enforce any provision of these Official
Rules in any given circumstance shall not constitute a waiver of such
provision. If a court of competent jurisdiction determines that any
provision of these Official Rules is invalid, unlawful or unenforceable,
such determination shall not affect the validity, lawfulness or
enforceability of the remainder of these Official Rules and the
invalid/unlawful/unenforceable provision shall be replaced with a
valid/lawful/enforceable provision that most closely approximates the
original intent of Sponsor. Headings are intended only for reference
purposes and are of no substantive effect.
-
Releases.
By
participating, you (if a minor, your parent or legal guardian) indemnify,
release and agree to hold harmless Sponsor, its parent company, affiliates and
subsidiaries, NFL Entities, prize suppliers, and the directors, officers,
agents, representatives, shareholders, employees, successors and assigns of any
of the above organizations, as well as Mr. Joe Namath personally, from any and
all liability arising from participating in the Giveaway, any Giveaway-related
activity and/or acceptance, receipt, possession or use/misuse of football cards
(including Prize Football Cards) or Collection Prizes (including but not
limited to autographed Joe Namath cards). The foregoing includes but is
not limited to damage to participant"s or any third party"s computer or any
information/data stored thereon in conjunction with participation in the Giveaway.
By accepting football card(s) and/or prizes, except in Tennessee and other
jurisdictions where prohibited by law (if any), participant (if a minor,
his/her parent or legal guardian) agrees to the use of participant"s name,
address (city, state/province), likeness, voice, photograph and/or other
indicia of persona for advertising/publicity/trade purposes by Sponsor and its
designees without further compensation or notice.
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DISPUTE RESOLUTION/GOVERNING
LAW/WAIVER OF JURY TRIAL
To the fullest extent permitted
by law, by participating in the Giveaway, you (if a minor, your parent/legal
guardian) agree that: (a) any action at law or in equity arising out of or
relating to these Official Rules or the rights and obligations of any
participant and/or The Topps Company, Inc. shall be filed in either the courts
of the State of New York, County of New York, USA OR the U.S. District Court
for the Southern District of New York and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such
action (and expressly waive any right of change of venue, forum non
conveniens or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL
BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of
action arising out of or connected with these Official Rules, and/or the rights
and obligations of any participant and/or The Topps Company, Inc., shall be
resolved individually, without resort to any form of class action, and (c) any
and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred (if any), including costs associated with participating in this Giveaway
but in no event attorneys' fees; and (d) under no circumstances will any participant
be permitted to obtain awards for and hereby waives all rights to claim
punitive, exemplary, special, incidental, indirect and consequential damages
and any other damages (whether due to negligence or otherwise), other than for
actual out-of-pocket expenses (if any), 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 any participant and/or The Topps
Company, Inc. shall be governed by and construed in accordance with the laws of
the State of New York, USA without giving effect or regard to any principles or
doctrines of conflicts of law/choice of law of the State of New York, USA or of
any other jurisdiction.
- WINNERS LIST. For
a copy of list of winners of major prizes (only first name, last initial
and city, state/province of residence will be listed), available after 01/31/2012,
send a self-addressed, stamped envelope to SB Legends winners C/O
Mark Sapir One Whitehall Street, NY NY 10003, to be received by 02/15/2012.
The National Football League, its
member professional football clubs, NFL Properties, LLC, NFL Ventures, Inc.,
NFL Ventures, L.P., and each of their respective subsidiaries, affiliates,
shareholders, officers, directors, agents, representatives and employees
(collectively, the "NFL Entities") will have no liability or responsibility for
any claim arising in connection with participation in this promotion or any
prize awarded. The NFL Entities as defined have not offered or sponsored this
promotion in any way.