UPPER DECK NHL® SEASON-START-UP SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. WINNERS WILL BE REQUIRED TO RESPOND TO THE WINNER NOTIFICATION AND COMPLETE AND EXECUTE A WINNER RELEASE AND PRIZE ACCEPTANCE AGREEMENT (“RELEASE”) AND ANY OTHER LEGAL DOCUMENTS WITHIN THE TIMEFRAME REQUIRED BY SPONSOR OR THE PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION). ANY TERMS DEFINED IN THE RELEASE SHALL BE THE SAME AS THOSE DEFINED IN THE RULES. BY ENTERING THIS SWEEPSTAKES DEFINED BELOW, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING THIS SWEEPSTAKES. THIS SWEEPSTAKES EXPRESSLY EXCLUDES RHODE ISLAND, PUERTO RICO, AND ALL UNITED STATES TERRITORIES. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. NAME OF SWEEPSTAKES:

Upper Deck NHL® Season-Start-Up Sweepstakes (“Sweepstakes”).

2. SWEEPSTAKES OVERVIEW:

In order to participate in the Sweepstakes during the Entry Period (as defined below), Entrants (as defined below) must complete the Entry (as defined below) requirements as defined herein. All Entrants must be at least eighteen (18) years old or at least the age of majority in the state or territory in which he/she/they reside if the age of majority in that state or territory is greater than eighteen (18) (if a legal resident of the United States of America (“USA”), excluding Rhode Island, Puerto Rico, and any other U.S.A. territories), and have reached the age of majority in his/her/their jurisdiction of residence in Canada (if a legal resident of Canada) as defined in Section 5 below.

3. SPONSOR:

This Sweepstakes is sponsored by The Upper Deck Company located at 5830 El Camino Real, Carlsbad, California 92008 (“UDC” or “Sponsor”).

4. ENTRY PERIOD:

Entrants must submit an Entry beginning on October 25, 2023 at 2:00 pm Pacific Time (“PT”) through November 13, 2023 at 11:59:59 pm PT (“Entry Period”).

5. ELIGIBILITY:
   a) Who May Enter: This Sweepstakes is open and offered only to legal residents of the fifty (50) United States (including Washington D.C. but excluding Rhode Island, Puerto Rico and all other USA territories) and the provinces and territories of Canada who have reached the age of majority in their jurisdiction of residence and who are at least eighteen (18) years old at the time of entry or at least the age of majority in the state or territory in which he/she/they reside if the age of majority in that state or territory is greater than eighteen (18). Officers, directors, employees, representatives, and agents of UDC and its affiliates, UDC’s third party licensors including, without limitation, National Hockey League Players’ Association (“NHLPA”), the National Hockey League (“NHL”), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities collectively, the “NHL Entities”) and their related entities, National Hockey League Alumni Association, American Hockey League, Professional Hockey Players’ Association, Canadian Hockey League, Euroleague, Hockey Canada, National Basketball Association, National Basketball Players’ Association, Think450, Canadian Football League, Canadian Football League Players’ Association, University Of North Carolina, Hockey Hall of Fame, 20th Century, Marvel, Disney, Pressman, Miramax, All-Elite Wrestling, Blizzard, The Overwatch League and their respective immediate families (i.e., parent, child, sibling or spouse) and/or household members (whether related or not) and any other persons or entities associated with these licensors or involved in the development, production, implementation, administration or fulfillment of the Sweepstakes (collectively, the “Licensors”) are ineligible to enter or win. Void where prohibited by law.
   b) Entrant Eligibility: In order to be eligible as an entrant in the Sweepstakes (“Entrant”), an individual who meets the eligibility requirements herein must (1) read and agree to these Rules and the Upper Deck Privacy Policy located at http://upperdeck.com/Elements/doc/UD_MasterPrivacyPolicy_5-28-20.pdf (“Privacy Policy”); (2) submit an acceptable Entry as defined herein during the Entry Period; and (3) irrevocably consent to Sponsor’s perpetual, worldwide, royalty-free, assignable, sub-licenseable use of his/her/their name, image, email address, contact information, Essay Entry (as defined below) and likeness (collectively, the “Attributes”) for purposes of this Sweepstakes and any subsequent promotional and advertising endeavors.
   c) Entry Limitations: Limit one (1) Entry per Entrant; duplicate Entries by an Entrant will be disqualified and removed. Entries and any content therein may be displayed publicly on the website, www.upperdeck.com (“Website”), in Sponsor’s sole discretion, without notice to or approval from Entrant. Entries must be received by Sponsor during the Entry Period to be considered for the Sweepstakes. Proof of an Entry (such as a copied, printed, or saved version of a “thank you” or confirmation message or screen or delivery confirmation by a common carrier) does not constitute proof of actual receipt or acceptance of an Entry into this Sweepstakes. Odds of winning depend on number of eligible Entrants.

6. AGREEMENT TO RULES:

By participating in this Sweepstakes, Entrants agree to abide by and be bound by these Upper Deck NHL® Season Start-Up Sweepstakes Official Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Entrant eligibility for winning a Prize (as defined below) is contingent upon timely fulfilling all requirements set forth herein.

7. HOW TO ENTER:

a) Entry Requirements: In order to participate in the Sweepstakes, each Entrant must (a) read, agree to, and comply with these Rules and Privacy Policy and acknowledge the acceptance of the Rules and Privacy Policy; and (b) subscribe to Sponsor’s free newsletter, The Upper Deck Company Newsletter (“Newsletter”), found on www.upperdeckstore.com (“UD Store”) using his/her/their email address during the Entry Period (“Newsletter Entry”) or if Entrant does not wish to subscribe to the Newsletter, he/she/they may enter the Sweepstakes by emailing an original essay describing his/her/their favorite NHL team and provide a descriptive reason of why, to a minimum of 250 words, together with his/her/their first name and last name to [email protected] (“Essay Entry”) during the Entry Period (collectively, the “Entry”). Note, Entrants are not required to select preferences to sign up for the Newsletter. For additional clarity, an Entrant may choose to “Select All” categories, or any mix of the preference categories, and any or no designation will qualify as an Entry. By following the “SUBSCRIBE NOW” link on the UD Store or emailing an Essay Entry to Sponsor, and thereby submitting an Entry, Entrant understands, acknowledges, and agrees to these Rules, the Privacy Policy, and the UD Store Website Terms and Conditions of Use (if applicable), and represents and warrants that he/she/they complies with and will continue to comply with these Rules at all times, and is eligible to enter into and participate in the Sweepstakes per the Rules. By clicking to subscribe to the Newsletter or submitting an Essay Entry, Entrant represents and warrants that the information he/she/they provides on the Entry is true and correct and Entrant agrees to these Rules and Privacy Policy. Entrant’s subscription to the Newsletter is subject to terms and conditions, which can be found at https://upperdeckstore.com/terms-and-conditions.
b) Entry Disqualification: Failure to complete or comply with any portion of these Entry requirements or any violation of these Rules will automatically disqualify Entrant from the Sweepstakes. Entries may not be acknowledged and may be destroyed and/or deleted. Entries that are altered, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, without limitation, commercial sweepstakes, or sweepstakes subscription notification and/or entering service sites, will be deemed invalid and disqualified from this Sweepstakes. Any attempt made to submit an Entry in excess of the limits herein or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. Duplicate Entries will be disqualified and withdrawn Entries and acceptance of these Rules and Privacy Policy must be received by Sponsor during the Entry Period to be considered for the Sweepstakes.

8. SELECTING THE WINNERS:

Five total (5) winners will be randomly selected by Sponsor at 9:00 am PT on the specified drawing dates below (each a “Winner” and collectively, the “Winners”) at UDC’s office located at 5830 El Camino Real, Carlsbad, California 92008 to receive E-Tickets (as defined below) for a Game (as defined below). All eligible Entries must be received by Sponsor by 8:59 am PT on November 6, 2023 and November 13, 2023 to qualify for the drawing on the respective dates. All eligible Entries must be received by Sponsor by the end of the Entry Period to qualify for the drawings occurring after November 13, 2023. On each drawing date, Sponsor will randomly select one (1) Winner from the eligible Entries received by Sponsor within the specified timeframe above. Non-winning eligible Entries will be rolled over into following drawing (if any).

9. PRIZE:
a) Prize Available: Each Winner will receive two (2) electronic tickets (“E-Tickets”) for Winner and one (1) guest to attend one (1) of five (5) 2023-2024 NHL® regular season games selected at Sponsor’s discretion (collectively, the “Games” and individually, a “Game”) (each, a “Prize”). The E-Tickets have an estimated retail value range of U.S.D. $298.07-$617.10.

Prizes may not be transferred or assigned by or on behalf of the Winners. The E-tickets will be randomly assigned to each Winner. No travel or any other accommodations are included in the Prize or will otherwise be provided or reimbursed by UDC. Each Winner acknowledges and agrees that he/she/they are solely responsible, at their own cost, for any and all local, provincial, state, federal, and international taxes as well as any expenses and costs including, without limitation, travel, airfare, mileage, lodging, and food costs, and any other fees incurred regarding or related to the Prize.

Winners and Winners’ guests must abide by all venue policies and game ticket terms and conditions including any rules or regulations related to COVID-19. Sponsor reserves the right to revoke the full or partial Prize from any Winners or Winners’ guest(s) who Sponsor or venue personnel deem in their sole discretion may be intoxicated, be a safety or health risk, have violated any venue policy or law, or bring the Sponsor or the NHL Entities into disrepute.

b) Receiving the Prize: UDC will contact the Winners through the email address used to submit an Entry to notify the Winners of their selection as the Winners (“Winner Notification”) on or around 9:00 am PT on the specified dates set forth in Section 8. If UDC is unable to send the Winner Notification due to error in the email address provided in an Entry, then UDC may randomly select alternate Winners without any notice to Winners, and the original Winner’s Entry will thereby be deemed void. Each Winner must execute and return the Release provided by Sponsor to Winners via the Winner Notification via email to [email protected] no later than 4:00 pm PT on the following business day after the date of the Winner Notification in order to receive the Prize. The Release is hereby incorporated into these Rules. The Prize will then be sent to Winners upon completion and return of the Release via the email address identified in the Winner Notification. Winners must have a smart phone and a Ticketmaster account to receive the E-Tickets from Sponsor. All E-Tickets will be transferred through the Ticketmaster mobile application and are only accessible through the Ticketmaster mobile application.

c) Prize Disclaimers: Sponsor will not replace any lost, damaged, stolen, or undeliverable Prize or any element thereof, or any Prize that does not reach the Winners because of an incorrect or modified email address or other contact information. If a Winner does not accept the entire Prize, the Prize will be forfeited in its entirety, and Sponsor will have no further obligation with respect to the Prize or the Winner. Sponsor is not responsible for any inability of the Winners to accept or use any Prize for any reason. No Prize substitutions or other consideration will be provided to the Winners, except in Sponsor’s sole discretion. In the event that the Sweepstakes is canceled or rescheduled for any reason, Sponsor reserves the right and sole discretion to substitute the Prizes or any portion thereof, subject to the terms and conditions of Ticketmaster, for comparable value of the Prizes, for any reason, including, without limitation, Prize unavailability, delays or cancellations of any Games. No more than the stated Prize will be awarded. Sponsor reserves the right to provide alternative consideration to the Winners in Sponsor’s sole discretion.

10. PRIZE CONDITIONS:
a) Prize Release: By accepting the Prize, the Winners agree to forever release and hold harmless Sponsor and the Released Parties (as defined below) from and against any and all claims, demands, losses, liabilities, damages, costs, or causes of action arising out of or related to participation in the Sweepstakes, Website, UD Store, Newsletter, Entry, his/her/their travel to or from and/or attendance at the Game or receipt or use/misuse of the Prize. By accepting the Prize, the Winners acknowledge and agree UDC is not responsible to pay for any incidental or other expenses associated with the Prize or attending the Game, or this Sweepstakes that is not specifically included in the Prize. Winners will not enter into any settlements or make any admissions on UDC’s behalf without UDC’s prior written consent. Winners acknowledge and agree that his/her/their participation in the Sweepstakes, eligibility to receive, and/or receipt of a Prize is contingent upon his/her/their full compliance with the Rules and conditions herein. Each Prize is subject to prior verification of eligibility, as well as compliance with these Rules. If legitimately claimed by the Winners, the Prizes will be awarded.

b) Canadian Residents: With respect to Canada, this Sweepstakes is open to legal residents of Canada. For Canadian residents only, in order to be declared a Winner, the Winners must first correctly answer, with no assistance of any kind, a mathematical skill-test question which will be emailed to the Winners at the time of the Winner Notification. If the potential Winners fail to correctly answer the skill-test question, he/she/they will be disqualified, and another potential Winner will be randomly selected. Sponsor reserves the right, in Sponsor’s sole discretion, to administer an alternate skill test as it deems appropriate or necessary.

11. LICENSE GRANTED:

As a condition of entering the Sweepstakes, each Entrant hereby consents that Sponsor and its representatives, affiliates, related parties, licensors, and agents may obtain and deliver his/her/their name, address, email address, and other information to third parties for the purpose of administering and marketing this Sweepstakes and complying with applicable laws, regulations, and rules. Additionally, by entering into this Sweepstakes, all Entrants hereby represent that they have the authority to grant and do grant UDC and its representatives, affiliates, related parties, licensors including, without limitation, the NHL Entities, and agents an irrevocable, royalty-free, perpetual, worldwide, sub-licenseable license to feature Entrant’s Attributes on UDC’s and its related parties’ and affiliates’ social media accounts, including without limitation, Facebook, X (formerly Twitter), YouTube, Instagram, in addition to websites and blogs or for advertising and promotional purposes, including without limitation, advertisements for the Sweepstakes or any similar sweepstakes UDC may run in the future, without additional consideration or notice to Entrant in all manners and media throughout the world unless prohibited by law. By entering the Sweepstakes, all Entrants agree to waive any and all moral rights that they may have in and to their Entry with respect to the uses contemplated herein. Further, by entering into this Sweepstakes, each Entrant consents to UDC’s use of Entrant’s Attributes and all other publicity rights on UDC websites, materials, and social media accounts.

Information provided by all Entrants will be used as stated herein, and for purpose of this Sweepstakes, in accordance with the Privacy Policy. By entering this Sweepstakes, Entrant agrees that Entrant’s participation and submission of an Entry demonstrates and confirms Entrant’s understanding of, compliance with, and agreement to these Rules and any display and use of Entrant’s Entry and Attributes as contemplated herein will not violate any agreement to which Entrant is a signatory or party.

12. INDEMNIFICATION:

Entrant agrees to indemnify, defend, and hold harmless the Released Parties which includes, without limitation, Sponsor and the NHL Entities, against any and all claims, liabilities, suits, cause of actions, demands, losses, damages, disbursements, and costs including, without limitation, attorneys’ fees, arising out of or connected with a breach of any of the Winner’s representations, warranties, covenants, or obligations in the Release the Sweepstakes, UD Store, Rules, Entry, the Prizes, and Winners’ and his/her/their guest’s travel to and from and attendance at the Game, misuse, transfer sale, and assignment of the Prize, and any Prize or other consideration Entrant receives or expenses Entrant incurs regarding or related to the Sweepstakes. Entrant shall give Sponsor full authority to control the defense and all aspects relating to the defense thereof through lawyers of Sponsor’s own choosing, including, but not limited to, the right to compromise and enter into any settlement of all claims, provided, however, that Entrant has no authority to bind, or obligate Released Parties in any way or manner whatsoever. Any compromise or settlement of any claim that required any payment by any Released Party, or requires any action or activity, or the cessation or any action or activity by any Released Party shall require Sponsor’s express prior written agreement to such terms and conditions. Entrant shall not enter into any settlements or make any admissions on the Released Parties’ behalf without their prior written consent.

13. RIGHTS RESERVED:

Sponsor reserves the right, in its sole discretion, to disqualify an Entry from the Sweepstakes, in Sponsor’s sole discretion, that refers, depicts, or in any way reflects negatively upon the Released Parties, the Sweepstakes, UD Store, the Prize, Newsletter, the NHL Entities, NHLPA or any other person or entity or does not comply with these requirements or these Rules. The Released Parties are not responsible for legal protection or clearance of the Entries in any form. Sponsor reserves the right and sole discretion to disqualify any Entries it deems infringing or inappropriate in any form. Except where expressly prohibited by law, once submitted, all Entries will become part of the Sweepstakes and may not be withdrawn, even if Entrant withdraws from the Sweepstakes.

14. FORCE MAJEURE:

If for any reason the operation or administration of this Sweepstakes, Newsletter, Essay Entry, UD Store, Prize, or Website is impaired or incapable of running as planned for any reason, including, but not limited to, (a) infection by computer virus or bugs; (b) tampering, unauthorized intervention; (c) fraud; (d) Game suspension, rescheduling or cancellation for any reason; (e) an event outside Sponsor’s control which includes, but is not limited to, “acts of God,” fires, strikes, labor disputes, pandemics, epidemics, quarantines, accidents, embargoes, riots, floods, earthquakes or other natural disasters, wars or governmental actions (each a “Force Majeure Event”); (f) technical or production failures; or (g) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part, at any time, without notice and to award the Prizes using all eligible Entries received as of, or prior to cancellation, termination, modification, or suspension date, or in any manner that conforms to the spirit of these Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant deemed to be (y) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes, or (z) acting in violation of these Rules or in any manner that’s disruptive to or contrary to the spirt of the Sweepstakes. If Sponsor cannot commence or complete the performance of its obligations or exercise its rights hereunder due a Force Majeure Event, Sponsor may, in its sole discretion and without penalty, cancel the Sweepstakes or suspend the Entry Period hereunder during such time in which Sponsor is unable to commence or complete performance of its obligations, or receive the benefits herein due to a Force Majeure Event.

15. EQUITABLE REMEDIES:

ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON(S) INVOLVED IN OR RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. FAILURE BY SPONSOR TO ENFORCE ANY PROVISION OF THESE RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY LEGAL OR EQUITABLE RIGHTS.

16. RELEASE AND LIMITATIONS OF LIABILITY:

To the fullest extent permitted by law, by participating in the Sweepstakes, Entrant agrees to release and hold harmless Sponsor and Licensors, the NHL Entities, and their respective parent companies, affiliates, related entities, directors, managers, volunteers, members, subsidiaries, distributors, sales representatives, officers, employees, agents, successors, assigns, and advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, demand, injury, loss, damage, liability, or cause of action arising out of or related to an Entry, the Website, the Newsletter, the UD Store, the Sweepstakes, the Rules, Privacy Policy, Prize, Game, acceptance, receipt, or use or misuse, and/or delivery of the Prize, and participation in any Prize-related activity. Without limiting the foregoing, Entrant agrees to forever release, indemnify, and hold harmless the Released Parties from any and all claims, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry or using a Prize including, without limitation accessing the Website or subscribing to the Newsletter or submitting an Essay Entry to [email protected]; (b) unauthorized human intervention in the Sweepstakes; (c) printing or production errors; (d) Sweepstakes administration or Entry processing; (e) injury, death, 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 of the Prize; (f) Entrant’s participation in the Sweepstakes; or (g) inability to download or use the E-Tickets. Entrant acknowledges and agrees 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, Entries. 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 email or Entry to be received by Sponsor 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 an Entrant’s or any other person’s computer or smart phone relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes.

ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO ENTRANT’S ACTUAL COST, NOT TO EXCEED FIVE DOLLARS (U.S.D. $5.00), IF ANY, TO SUBMIT AN ENTRY, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEED OR ANY OTHER COSTS WHATSOEVER.

ENTRANT AGREES 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), VALUE (MARKET OR ESTIMATED RETAIL VALUE) OF THE PRIZES IN FACT OR IN LAW, RELATING TO OR ARISING FROM THE SWEEPSTAKES, NEWSLETTER, WEBSITE, GAME(S), OR PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SWEEPSTAKES, WEBSITE, NEWSLETTER, GAME, OR PRIZE, AND SPONSOR IS NOT LIABLE FOR THE CONSEQUENCE OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.

17. USE OF DATA:

All information submitted by Entrants will be collected, stored, and used for Sweepstakes administration purposes and in accordance with the Privacy Policy. By participating in the Sweepstakes and providing any personal information, Entrants hereby agrees to Sponsor’s collection and use such information and acknowledges that he/she/they read, understands, accepts, and agrees to the Privacy Policy. The Privacy Policy is hereby incorporated in these Rules.

18. CLASS ACTION WAIVER:

To the fullest extent permitted by law, by entering the Sweepstakes, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Entry, Website, Newsletter, UD Store, Rules, Privacy Policy, Sweepstakes, and Prizes shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to the Entrant’s actual out-of-pocket costs to submit an Entry and participate in the Sweepstakes, but in no event attorneys’ or  fees and any other costs; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives any and all rights to claim, punitive, incidental and consequential damages, and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses to submit an Entry, if any, and any and all rights to have damages multiplied or otherwise increased. Any claim arising out of or relating to this Sweepstakes, Prize, Website, UD Store, Rules, Privacy Policy, or Newsletter must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). Entrants expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration, and the arbitrator may award damages on an individual basis only. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

1. ARBITRATION:
   a) Arbitration: Except as specifically excluded herein, Entrant and Sponsor (the “Parties”) agree that any dispute, controversy, or claim (“Dispute”) arising out of, related to, or having any relationship or connection whatsoever to the Released Parties, Prize, Sweepstakes, Entry, UD Store, Website, Games, Private Policy, and or these Rules and any relationship or conduct between the Parties, any relationship to the interpretation, validity, enforceability, scope, or waiver of any provisions of these Rules, or arising under local, state, federal, or international statutes or regulations shall be resolved by one (1) arbitrator through mandatory and binding arbitration administered by a retired state or federal judge on the American Arbitration Association (“AAA”) national roster of arbitrators who is able to conduct the arbitration in San Diego, California. If the Parties are unable to agree on an arbitrator, an arbitrator shall be determined pursuant to Rules 15-20 of the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) (presently available at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf). This agreement to arbitrate is made pursuant to the Federal Arbitration Act and the Dispute will be decided by arbitration in accordance with the AAA Consumer Rules then in effect subject to the modifications described in this Section. At this time, the instructions for initiating AAA arbitration can be found at “R-2” of the AAA Consumer Rules and a template for a AAA Consumer Arbitration demand may be found at: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. Except as provided herein, the arbitration shall be conducted in accordance with AAA Consumer Rules, rather than any federal or state rules of civil procedure. The AAA Consumer Rules may provide more limited discovery compared to federal or state rules of civil procedure. The arbitrator shall honor claims of privilege and privacy recognized under California law and shall take reasonable steps to protect all confidential information. Each party may be represented by legal counsel of their own choosing. To the fullest extent permitted by law, each party shall pay its own attorneys’ fees. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The award or decision by the arbitrator shall be final, binding, and conclusive and judgment may be entered upon such award by any court. The arbitrator shall not have the authority to add to, amend, or modify existing law and all awards will be based solely on the law which would govern the Dispute if it had been brought in a court of law. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any party was not a named party in the arbitration. Prior to, during, and following any arbitration, the Parties agree that the arbitration shall remain confidential. This agreement to arbitrate specifically excludes from coverage any Disputes relating to whistleblowers and/or unlawful retaliation arising under the Sarbanes-Oxley Act, Disputes under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), and Disputes under the California Private Attorney Generals Act (PAGA). This agreement to arbitrate does not preclude the Parties from seeking provisional remedies from a court of law (such as temporary restraining orders or preliminary injunctions) to the extent applicable law allows parties to an arbitration agreement to obtain such relief. A party seeking or obtaining such provisional remedies shall not be considered a waiver of that party’s right to arbitration under this arbitration agreement. This arbitration agreement does not preclude the Parties from bringing applicable Disputes in the small claims court for the Superior Court of the County of San Diego, California. Nothing in this arbitration agreement is intended to affect or limit the Parties’ rights to file an administrative charge or otherwise seek relief from any administrative or federal or state government agencies (although if a party chooses to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this arbitration agreement). A party’s participation in any administrative proceedings shall not be considered a waiver of that party’s right to arbitration under this arbitration agreement. Except as provided herein, this arbitration agreement shall be governed by the Federal Arbitration Act and California law to the extent California law is not inconsistent with the Federal Arbitration Act.

   b) Delegation to Arbitrator: UNLESS OTHERWISE STATED IN THESE RULES, IT IS THE INTENT OF THE PARTIES TO CLEARLY AND UNMISTAKEABLY DELEGATE TO AN ARBITRATOR (AND NOT ANY INTERNATIONAL, FEDERAL, STATE, OR LOCAL COURT OR AGENCY) THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, REVOCABILITY, UNCONSCIONABILITY, VALIDITY OR FORMATION OF THESE RULES, ANY DISPUTE RELATING TO THE ARBITRABILITY OF ANY DISPUTE, OR AND ANY DISPUTE THAT ONE OF THE PARTIES WAIVED THE RIGHT TO ARBITRATE. Sponsor will pay for all arbitration costs relating to the arbitrator’s determination of gateway issues of arbitrability, including any disputes that one of the parties waived the right to arbitration. Notwithstanding the above, the arbitrator is not authorized to make any award of attorneys’ fees or costs relating to the determination of gateway issues of arbitrability.

   c) Intellectual Property Claims Exempted: Notwithstanding the above, the Parties agree that any dispute, controversy, or claim involving the intellectual property rights of the UDC may be brought in any state or federal court in the Southern District in the State of California, and the Parties consent to exclusive personal jurisdiction and venue in such courts.
   
   20. ENFORCEABILITY:

The invalidity or unenforceability of any provision of these Rules or any Release executed in conjunction with the Sweepstakes shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

21. WINNERS AND RULES:

To request confirmation of the Winners, please email a written request to [email protected] with the subject line “Upper Deck NHL® Season-Start-Up Sweepstakes.”

22. NO ENDORSEMENT FROM THE NHL ENTITIES:

Entrant acknowledges and agrees this Sweepstakes is not in any way sponsored or endorsed by the NHL Entities.