SAP Center 25 Years Sweepstakes

OFFICIAL RULES

No purchase necessary TO ENTER OR WIN. Purchase will not increase odds of winning.

THE SAP CENTER 25 YEARS SWEEPSTAKES (THE “PROMOTION”) OPEN TO LEGAL RESIDENTS OF CALIFORNIA 18 YEARS OF AGE OR OLDER ON DATE OF ENTRY. VOID WHERE PROHIBITED. 

1) PROMOTION PERIOD:  The promotion begins at 12:00 a.m. PT on July 27, 2018 and ends at 11:59 p.m. PT on December 31, 2019 (the "Promotion Period"). The Promotion Period will comprise three (3) subordinate promotion stages beginning at 12:00 am P.T. and ending at 11:59 p.m. PT on the following dates (each a “Promotion Stage”):

Promotion Stage #1: July 27, 2018 – August 31, 2018

Promotion Stage #2: September 1, 2018 – October 31, 2018

Promotion Stage #3: November 1, 2018 – December 31, 2018

As set forth in Section 5(a) of these Official Rules, each Entry submitted pursuant to these Official Rules within the periods designated above will be eligible to be selected as a Finalist for the corresponding Promotion Stage. All Entries submitted during any Promotion Stage that are not selected as Finalists and all Entries submitted after the conclusion of Promotion Stage #3 but prior to the conclusion of the Promotion Period will be eligible to be selected as the Winner, as set forth in Section 5(b) of these Official Rules. 

2) HOW TO ENTER

a) Instagram: To enter through Instagram, you must (i) have a valid, public Instagram account; (ii) create and post one (1) or more original photos to your Instagram account (the "Photo(s)") and include the hashtag #SAPCenter25 (the "Hashtag") pursuant to the Content Restrictions (as set forth in the Content Restrictions section below), and the Instagram Terms of Use available at http://instagram.com/about/legal/terms/. Only publicly viewable Photos containing the Hashtag will be considered valid entries. By successfully creating and posting one (1) or more Photos with the Hashtag (each, an "Entry" and collectively, the "Entries") during the Promotion Period, you will be entered in the Sweepstakes based on the information attached to your Instagram account.

b) Twitter: To enter through Twitter, you must (i) have a valid, public Twitter account; (ii) create and post one (1) or more original posts to your Twitter account (the "Tweet(s)") and include the hashtag #SAPCenter25 (the "Hashtag") pursuant to the Content Restrictions (as set forth in the Content Restrictions section below), and the Twitter Terms of Service available at https://twitter.com/tos. Only publicly viewable Tweets containing the Hashtag will be considered valid entries. By successfully creating and posting one (1) or more Tweets with the Hashtag (each, an "Entry" and collectively, the "Entries") during the Promotion Period, you will be entered in the Sweepstakes based on the information attached to your Twitter account.

c) Online: Visit www.sapcenter.com/25Years (the “Website”). Follow the provided instructions to complete and submit an electronic entry form with your name, photograph to be entered, birthdate and email during the Promotion Period (each, an "Entry" and collectively, the "Entries").

d) Entry Limit: Entrants may enter the Promotion as many times as they wish, through any of the Entry methods described in these Official Rules. Each entrant may only win one (1) prize as described below.  The SAP Center computer is the official timekeeper for the Promotion.  Proof of transmission is not proof of receipt.  

e) Option to Receive Additional Communications: All Entries must include a valid email address for the entrant. Entrants to the Sweepstakes may be given the option to receive (a) commercial emails from SAP and/or the SAP Center, and/or (b) mobile text messages and updates from SAP and/or the SAP Center; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any entrant’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.

3) ELIGIBILITY:  Promotion is open only to legal residents of the fifty (50) United States and Washington D.C. who are eighteen (18) years or older (except in the case of legal residents of certain states or Washington D.C. where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry.  Employees of SAP, the SAP Center, the San Jose Sharks, the advertising and promotion agencies involved with this Promotion, each of their respective subsidiaries, affiliates, divisions, officers, agents, board members, staff, agents, legal representatives, administrators, assigns, heirs and executors, and their immediate family members and/or those living in the same household of such employees, are not eligible to participate or win.  Any person affiliated with or related to government entities, government officials or any other person or entity in the public sector are not eligible to participate or win.  By entering the Promotion, you are bound by and agree to these Official Rules. All federal, state and local laws and regulations apply. Void where prohibited.

4) PRIZES AND ODDS:

a) Finalists: Three (3) Finalists (the “Finalists”) shall have the opportunity to win one (1) of the following prizes (the “Finalists Prize(s)”). The assignment of Finalist Prizes will be determined in the sole discretion of the SAP Center.

i) Two Concerts of their choice between September 3, 2018 – September 3, 2019

ii) Two Concerts of their choice between November 1, 2018 – November 1, 2019

iii) Two Concerts of their choice between January 7, 2019 – January 7, 2020

b) Grand Prize: One (1) Grand Prize Winners (the “Winner”) shall have the opportunity to win a ticket to the 2018 NHL All-Star Game and the SAP Center 25th Anniversary Festival to take place September, 2019 (the “Grand Prize”)

c) Odds: Odds of winning depend on the number of eligible entries received.   Approximate retail value of each Finalist Prize is $600. Approximate retail value of each Grand Prize is $2500. The Finalists and Winner shall be fully responsible for any and all applicable federal, state, international and local taxes. All costs and expenses not specified herein related to the Prizes, including but not limited to lodging, transportation costs, meals, taxes (including income taxes) and gratuities and other expenses incurred by accepting the Prize are the sole responsibility of Finalists and Winner.  The Prizes are non-transferable and non-assignable, with no cash redemption or substitution except at the SAP Center's sole discretion. The SAP Center will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other unforeseen force majeure beyond their control that may cause the cancellation or postponement of the presentation of the Prize.

5) SELECTION OF WINNERS

a) Finalists: One (1) Finalist will be randomly selected by SAP Center personnel from all eligible entries during each Promotion Stage (three (3) Finalists total). Each Finalist may be chosen as a winner only once during the Promotion Period and is not eligible to be chosen as the Grand Prize Winner. The drawing for the Finalists will be conducted on or around the following dates. Judges’ decisions are final and binding. Failure to comply with the Validation process described herein and/or any other term contained in the Official Rules when requested may result in disqualification and selection of an alternative Finalist.

i) Promotion Stage #1: ending September 3, 2018

ii) Promotion Stage #2: ending November 1, 2018

iii) Promotion Stage #3: ending January 7, 2019

b) Grand Prize: One (1) Winner will be randomly selected by SAP Center personnel from all eligible Entries for the Promotion Period. The Winner cannot be a Finalist. The drawing for the Winner will be conducted on or around January 7, 2019. Judges’ decisions are final and binding.  Failure to comply with the Validation process described herein and/or any other term contained in the Official Rules when requested may result in disqualification and selection of an alternative Winner.

6) VALIDATION:  Winners will be notified by phone and/or email using the contact information submitted at the time of entry.  Twitter and Instagram entrants may be contacted by direct message through the platform used for entry. Each Winner may be required to sign and return a notarized affidavit of eligibility/release of liability and/or publicity release.  The SAP Center shall have no liability for any winner notification that is lost, intercepted or not received by a Winner for any reason.  Winner must respond to prize notification and accept Prize within three (3) days after initial notification attempt.  If a Winner does not respond and accept the Prize within three (3) days after the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such Winner, the Winner may be disqualified and an alternate Winner may be selected.  If any Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such Winner will be disqualified and an alternate Winner may be selected.

7) GENERAL CONDITIONS:  Entries generated by a script, macro, robotic or other automated means will be disqualified. USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY IS STRICTLY PROHIBITED. SAP Center reserves the right to disqualify, and block or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by the SAP Center in it sole discretion.  The SAP Center also reserves the right, in its sole discretion, to cancel, modify or suspend the Internet, electronic and/or text-messaging portions of the Promotion in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in their sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SHARKS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Please note, by entering, you agree that if selected as a Winner, the SAP Center has the right (but is not obligated) to announce your name, home city, and state, and to air your voice live on-air during a Show. The SAP Center is not responsible for late, lost and/or incomplete entries, which will be disqualified.

By entering, you agree and accept to be bound by these complete Official Rules and all other terms and conditions as determined by the SAP Center, which shall be final. The SAP Center has the right to modify these rules in its sole discretion for clarification purpose without materially affecting the terms and conditions of the Promotion. Except where prohibited, all Winners grant to the SAP Center and its advertising agencies the right to use, and publish his or her proper name, likeness, voice, opinions, biographical information and state and announce on-air Winner’s name, home city and state in any media to promote the SAP Center and the Promotion without additional compensation in accordance with the terms below.  Entrants enter at their own risk. No responsibility is assumed for and the SAP Center and its agents shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of the SAP Center that may cause the Promotion to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Promotion; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Promotion generally. Entrants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Promotion and/or the acceptance and/or use of any prize, and release the SAP Center and its officers, directors, employees, parents, subsidiaries, affiliates and agents from any such liability. The SAP Center and its officers, directors, employees, parents, subsidiaries, affiliates and agents assume no responsibility for any injury or damage to participants or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with this Promotion.  PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES OR TECHNICAL DIFFICULTIES WITH THE SYSTEM MAY RESULT IN TEMPORARY INABILITY TO ENTER THE PROMOTION OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. THE SHARKS AND ITS AGENTS ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.  The SAP Center may prohibit any entrant or potential entrant from participating in the Promotion, if at the sole discretion of the SAP Center, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, the SAP Center, or it agents or representatives; or (2) in any other disruptive manner.  In the event of a dispute as to the identity of an entrant entering via the methods set forth above, the authorized account holder or email address used to enter, if applicable, will be deemed to be the entrant. "Authorized account holder" of an Instagram, Twitter or email address is defined as the natural person who is assigned to the account by an Internet Access provider, on-line service provider, Instagram, Twitter, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and the SAP Center in connection with the Promotion, shall be governed by and construed in accordance with the laws of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. Judges’ decisions as to all matters related to the administration of the Promotion and selection of the Winners are final.  All information submitted by entrants is subject to, and will be treated in a manner consistent with the SAPCenter.com Terms of Use and Privacy Policy accessible at www.sapcenter.com.  Only the first Entry received any person through his or her Instagram account, Twitter account or Online Entry will be considered. Any Entry that does not comply with the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.

8) PUBLICITY AND USE OF LIKENESS:  By entering the Promotion, you certify, warrant, represent, agree and covenant to San Jose Arena Management, LLC, San Jose Sharks, LLC, Sharks Sports & Entertainment LLC, and all others acting with the SAP Center’s authority (collectively, the “Releasees”) the following:

a) Right to Use & Ownership.  The Releasees have the perpetual and irrevocable right to use, reproduce, print, publish and disseminate in all manners and media your name, image, voice, appearance and other identifying information provided in connection with the Activities (the “Likeness”), and to record, broadcast and otherwise exploit the Likeness in any and all promotions, advertisements and/or public displays or announcements of any kind and in any and all media.  The Releasees shall have full and exclusive ownership and control of any video, photograph or recording of the Likeness (the “Material”).  You shall have no rights to such Material, and the Releasees may use, alter or modify all or part of the Material and Likeness, regardless of whether you are recognizable.  You acknowledge and understand that the Releasees make no representations that the Likeness or Material will or will not be used in any specified way.

b) Release & Indemnification.  You acknowledge that you receive material benefit from participation in the Sweepstakes and, in consideration, agree to fully and completely, to the fullest extent permitted by law: (i) WAIVE, RELEASE AND DISCHARGE the Releasees from and with respect to any and all liability, claims, damages, losses, expenses, demands, suits, actions, fines and/or judgments, including without limitation reasonable attorneys’ fees, court costs and litigation expenses (the “Claims”), related to or arising from the subject of this Agreement, including, but not limited to, claims arising from or related to the Releasees’ negligence; and (ii) INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees from any Claims asserted against the Releasees caused by, in whole or in part, or arising from, directly or indirectly, your involvement with the Sweepstakes and/or violation of these Officials Rules.

By entering, you agree to waive any rights under §1542 of the Civil Code of the State of California, and all similar laws of any jurisdiction, providing: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. You further agree that you (i) understand all terms of these Official Rules, (ii) have full knowledge of the foregoing content and significance, including that, through these Official Rules, you give up legal rights that may otherwise be available, and (ii) enter into this Promotion freely and voluntarily, without inducement or coercion. 

c) Content Restrictions. By entering the Promotion, Participant represents and warrants that: (i) Participant has the full right, power and authority to produce any Photograph and caption submitted in connection with the Promotion (the “Work”); (ii) the Work shall be wholly your original and not copied in whole or in part from any other visual, literary, musical or other work and not derived from other work on other projects; (iii) the Work does not contain any language or material which is libelous, slanderous or defamatory and will not violate, infringe upon, or give rise to any adverse claim with respect to, any common law or other right whatsoever (including, without limitation, any copyright, trademark, service mark, literary, dramatic, comedic, musical right of privacy or publicity or contract right) of any party or violate any law; (iv) the Work does not contain any profanity or obscene material; and (v) Participant agrees to, and accepts, these Official Rules and SAP Center’s decisions, which are final and binding. Any Work that SAP Center, in its sole discretion, deem to violate these Official Rules will be removed from the website and will not be eligible to win a Prize. In the event that more than one Participant independently submits the same Photograph, the Participant that submitted the Photograph first will be entered into the Promotion.

By submitting the Work to SAP Center in connection with the Promotion, you agree to, and hereby do, fully and irrevocably assign and transfer to SAP Center and its affiliates, parent, and/or subsidiaries all right, title and interest in all versions of the Work to the fullest extent allowable and for the full term of protection available under applicable law, as may now or hereafter exist, throughout the universe, for all purposes and in any and all media and formats. You agree to indemnify and hold harmless SAP Center and its parents, affiliates, subsidiaries, successors, designees, assigns and licensees of and/or from any and all damages, costs (including reasonable attorneys’ fees), claims, charges and suits arising out of or in any way connected with any breach or alleged breach by you of any covenant, warranty and/or representation under this Agreement. 

9) SPONSORS/ADMINISTRATOR:  San Jose Arena Management, LLC, d/b/a SAP Center, 525 West Santa Clara Street, San Jose, CA 95113. 

10) NAME OF WINNER: The name of the Winners will be posted online at the www.sapcenter.com/25Years until September 7, 2019.