|San Jose Earthquakes Foundation Pledge74+ Sweepstakes|
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The San Jose Earthquakes Foundation Pledge74+ Sweepstakes (the “Sweepstakes”) is open to legal United States residents who live within a seventy-five (75) mile radius from San Jose, California (the “Territory”) who are at least eighteen (18) years of age and the legal age of majority in the jurisdiction in which they reside at the time of entry. Employees, officers, and directors (including immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of San Jose Earthquakes Foundation (“Sponsor’), Earthquakes Soccer, LLC dba San Jose Earthquakes (“Club”), Major League Soccer, L.L.C. (“MLS”), and Soccer United Marketing, LLC (“SUM” and collectively with Sponsor, Club and MLS, the “MLS Entities”) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win a prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void outside Territory, and where prohibited or restricted by law, rule or regulation.
1. Donation: Visit pledge74.org and click on the “donate” button and enter any increment of five dollars ($5) per one (1) entry or twenty dollars ($20) per five (5) entries. To be deemed eligible for the Sweepstakes, the donation must be successfully received during the time frame of the entry period and before the last day for entries.
2. Online Method: Visit https://sjearthquakes.formstack.com/forms/110920__amoe_foundation_sweepstakes and click on the banners, buttons and/or links to access the online entry form for the Sweepstakes and register by filling out the required fields on the Sweepstakes entry page which will include:
2) E-mail address
3) Date of Birth
4) Telephone Number
5) ZIP code
6) Email Opt In Preference
By submitting your completed online entry form and all other requested information as directed, you will receive 25 entries in the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete entries are void. Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from MLS Entities; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning.
Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
By submitting your donation through the pledge74.com website or online entry, you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are entering at their sole risk. Sponsor is not responsible for any claims arising from an entry specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media site’s terms and conditions.
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. The MLS Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. The MLS Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Incomplete entries will be disqualified. Proof of sending email is not considered proof of delivery to or receipt by Sponsor of such entry.
Entries must be responsive to the “call to action” message and must not be obscene or offensive; must not depict alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion. Sponsor may, in its sole discretion, alter or remove any comment. Entries must be suitable for presentation in a public forum, at the sole discretion of Sponsor. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor. Entries that are incomplete or generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void. Multiple entrants are not permitted to share the same email addresses.
RANDOM DRAWING: The six (6) potential winners of the Sweepstakes (each a “Winner” and collectively, the “Winners”) will be selected by random drawings on or about November 30, 2020 from among all eligible entries received by the Sponsor. The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received during the Entry Period.
PUBLICATION AND ASSIGNMENT OF RIGHTS TO SUBMISSIONS: By entering the Sweepstakes, each entrant agrees that his or her submission is an original work of authorship and he or she owns all right, title and interest in the entry as of the date of submission. Entries cannot defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third-party rights. If the entry contains any material or elements that are not owned by the entrant and/or that are subject to the rights of third parties, the entrant is responsible for obtaining and has obtained, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor and the MLS Entities in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to require proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Sponsor reserves the right to disqualify any entry it deems to be offensive, inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules, in its sole discretion.
By entering the Sweepstakes, entrants agree to assign all right, title, and interest, including copyright rights, in the entry to Sponsor and grant permission for Sponsor, the MLS Entities and their respective designees to publish or publicize all or part of their entry, including but not limited to entrant’s name, likeness and submission, in whole or in part, for advertising, promotional and trade or other purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide in perpetuity, without notice or permission and without further compensation, except where prohibited by law
PRIZE(S): A Total of Six (6) Prizes Are Available To Be Awarded (each, a “Prize”). Each Winner will receive either of the following: (a) one (1) 2019 Kick Childhood Cancer game-worn, warm up jersey signed by the San Jose Earthquakes player and one (1) gift certificate for two (2) Audi Club tickets to a 2021 San Jose Earthquakes regular season home game; or (b) one (1) 2019 Pride game-worn, warm up jersey signed by the San Jose Earthquakes player and a gift certificate for two (2) Audi Club tickets to a 2021 San Jose Earthquakes regular season home game. Approximate Retail Value (“ARV”) of Prize: $404. Total ARV of all Prizes: $2,404. Transportation to/from stadium is not included and is the sole responsibility of each Winner. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, All Prize details are at Sponsor’s sole discretion.
The Prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. MLS game, event, and exhibition dates and times are determined in the sole discretion of MLS and/or the applicable MLS team, as applicable, and may be subject to change. Exact seat locations will be determined by Sponsor or Club. The terms and conditions of the tickets awarded as prizes will govern in the event a game, event or exhibition, as defined by MLS, is not played due to weather, an Act of God, an act of terrorism, civil disturbance, work stoppage or any other reason. Winner and his/her guest(s) agree to comply with all applicable stadium regulations in connection with the Prize. Sponsor and the applicable MLS Entities reserve the right to remove or deny entry to Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any game, event or exhibition. Released Parties (as defined below) will not be responsible for weather, Acts of God, acts of terrorism, civil disturbances, work stoppage, government mandate, or any other event that may cause the cancellation or postponement of any MLS game, event or exhibition.
WINNER NOTIFICATION: Each Potential Winner will be notified by e-mail, mail and/or telephone (in the sole discretion of Sponsor and/or the applicable MLS Entity, as applicable) by the Sponsor. In the event that any potential Winner does not respond to any such notification within three (3) days of the date of issuance, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential Winner may be chosen from among all remaining eligible entries. Each Winner may be required to submit his/her valid social security number (if applicable) and/or other identification to Sponsor and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Release of Publicity, within five (5) days of date of issuance. A disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate Winner may be randomly selected from among all remaining eligible entries if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or Winner’s noncompliance with these Official Rules will also result in disqualification and forfeiture of the Prize and, at Sponsor’s sole discretion and time permitting, may cause an alternate Winner to be selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, the MLS Entities, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize. Each Winner, by acceptance of Prize, grants to Sponsor, the MLS Entities and each of their respective designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice and/or other likeness and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, through e-mail or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prizes or in any Sweepstakes-related materials, or the cancellation, limitation, or postponement of any MLS game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.
Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, the MLS Entities and/or their respective agents. Sponsor and the MLS Entities shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty. All disputes will be resolved under applicable U.S. laws in Santa Clara County, California without giving effect to choice of law or conflicted law principles (whether of the state of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
The Sponsor and the MLS Entities, as applicable, reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND MLS WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND THE MLS ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
All online entries must include a valid e-mail address for the entrant. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider, email provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
WINNERS’ LIST: For a list of Winners (available after December 1, 2020), mail a self-addressed stamped envelope to: Pledge74+ Sweepstakes Winners’ List, 1123 Coleman Ave, San Jose, CA 95110. Winners’ list requests must be received by February 23, 2020.
SPONSOR: The Sponsor of this Sweepstakes is San Jose Earthquakes Foundation, 1123 Coleman Ave, San Jose, CA 95110.