San Francisco 49ers – Fan Appreciation Sweepstakes

S A N F R A N C I S C O 49ERS FAN APPRECIATION SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.
1. ELIGIBILITY: The San Francisco 49ers Fan Appreciation Sweepstakes (the “Sweepstakes”)
are open only to legal residents of the United States who are 18 years of age or older.
Entrants must be located in one of the 50 United States or the District of Columbia to be
eligible. Employees of the National Football League, its member clubs, including, without
limitation, the San Francisco 49ers, NFL Ventures, Inc., NFL Ventures, L.P., NFL
Properties LLC, and each of their respective parents, subsidiaries, affiliates, shareholders,
officers, directors, agents, representatives and employees (collectively, the “NFL Entities”)
or other companies associated with the promotion of the Sweepstakes, as well as the
immediate family (spouse, parents, siblings, and children) and household members of each
such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws
and regulations and is void in Puerto Rico and where prohibited.
2. SPONSOR: The Sweepstakes are sponsored by Forty Niners Football Company LLC
(together with its affiliates, the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes
entrant’s full and unconditional agreement to and acceptance of these official rules
(“Official Rules”) and the decisions of the Sponsor, which are final and binding. Winning
a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Sweepstakes run as follows:
(A) from December 30, 2020 3:00pm PT until December 30, 2020 11:59 pm PT (the
“First Entry Period”);
(B) from December 31, 2020 9:00am PT until December 31, 2020 11:59 pm PT (the
“Second Entry Period”);
(C) from January 1, 2021 9:00am PT until January 1, 2021 11:59 pm PT (the “Third
Entry Period”);
(D) from January 2, 2021 9:00am PT until January 2, 2021 11:59 pm PT (the “Fourth
Entry Period”); and
(E) from January 3, 2021 9:00am PT until January 3, 2021 11:59 pm PT (the “Fifth
Entry Period” and collectively with the First Entry Period, Second Entry Period,
Third Entry Period and Fourth Entry Period, the “Entry Periods”);
5. Entries that are submitted outside of an Entry Period will be disqualified.
6. HOW TO ENTER:
Via Online:
In order to enter the Sweepstakes and be eligible for the corresponding prize for a particular
Entry Period, you must complete the submission form located at www.49ers.com/faithful
during such Entry Period. Winners will be selected at random from the pool of eligible
entrants who follow and complete the instructions correctly.
Any entries attempted through the use of agencies or robotic, repetitive, automatic,
programmed, mechanical reproductions or similar methods will be void. All completed
entries become the property of Sponsor and will not be returned. Entries without all
requested information will be disqualified and not entered into the drawing. All late, lost,
or incomplete entries are not considered valid entries. There is a limit of one (1) entryper
person per Entry Period, and a limit of one Prize per entrant for the entire
Sweepstakes. For the avoidance of doubt, an entrant who wins a Prize in any Entry
Period shall not be eligible to win a Prize in any other Entry Period. Entrantssubmitting
multiple entries will be disqualified and not entered into the drawing. ENTRANTS MUST
BE 18 YEARS OF AGE OR OLDER TO BE ELIGIBLE.
SPONSOR OWNERSHIP OF ENTRIES. All entries and materials submitted to Sponsor in
connection with the Sweepstakes (collectively, “Entry Materials”), along with all
copyright, trademark and other proprietary rights associated therewith, become the
property of Sponsor upon submission, and Entry Materials will not be returned to any
entrant.
DRAWING AND ODDS OF WINNING: As soon as practicable following each Entry Period,
the Sponsor will select the applicable number of winners set forth in the “Prizes” table in
Section 8 below, in a random drawing of all eligible entries received. The odds of being
selected depend on the number of entries received. The Sponsor will attempt to notify the
potential winner via email. If a potential winner does not respond within twenty-four (24)
hours of first contact or is not eligible or does not wish to accept the prize (as described
below), the Sponsor may disqualify that potential winner and select an alternate potential
winner in his/her place at random from the remaining eligible entries received.
7. REQUIREMENTS OF POTENTIAL WINNERS: A potential winner may be required to
complete and return an affidavit of eligibility and liability/publicity release (the
“Affidavit/Release”) where permitted by law within forty-eight (48) hours of being
notified. If a potential winner fails to sign and return the Affidavit/Release within the
required time period, he/she will be disqualified and an alternate entrant may be selected
in his/her place in a random drawing of all entries received. A potential winner mustalso
provide proof that the winner is at least 18 years old in order to be eligible.
8. PRIZES: The following prizes (each, a “Prize”) will be awarded for each Entry Period, and
will consist of the following:
Entry Period Number
of
Winners
Prizes Approximate Retail
Value (“ARV”)
First Entry Period 1 One (1) $100 Levi’s Gift Card $100.00 per card
2 One (1) $100 Safeway Gift Card $100.00 per card
10 Two (2) bags of “Faithful Blend” Peet’s Coffee $40.00 for two bags
Second Entry
Period
1 Two Hundred Sixty Dollars ($260) in Clover
Sonoma Cash
$260.00
1 One (1) $100 Levi’s Gift Card $100.00 per card
2 Two (2) 49ers Beach Towels $20.00 for two towels
3 One (1) Panini prize pack (including a box of
trading cards, a shirt and an autographed photo
to be determined in Sponsor’s sole discretion)
$400.00 for one pack
Third Entry Period 1 One (1) $100 Levi’s Gift Card $100.00 per card
2 One (1) $100 Safeway Gift Card $100.00 per card
10 One (1) Madden 21 Xbox Code for digital
download
$60.00 per code
2 One (1) football autographed by Richard
Sherman
$200.00 per football
Fourth Entry
Period
1 One (1) $100 Levi’s Gift Card $100.00 per card
2 One (1) $100 Safeway Gift Card $100.00 per card
50 One (1) 49ers Escape Game Codes $25.00 per code
10 One (1) 49ers Foundation T-Shirt $10.00 per shirt
3 One (1) 49ers Bobblehead $25.00 per
bobblehead
Fifth Entry Period 1 One (1) Microsoft Surface Pro 7 (256GB i5 8GB
memory) and one (1) 49ers-branded Surface Pro
Cover
$1,458.99
1 One (1) $100 Levi’s Gift Card $100.00 per card
1 One (1) jersey autographed by Jerrick McKinnon $200.00
1 One (1) full size authentic helmet autographed
by Kyle Shanahan, John Lynch, and Mike
McGlinchey
$300.00
1 One (1) full size authentic helmet autographed
by Kyle Shanahan, John Lynch, Brandon Aiyuk,
and Javon Kinlaw
$300.00
The odds of being selected depend on the number of entries received. The approximate
retail value (“ARV”) of each Prize is set forth in the table above. All prize details will be
determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable
and must be accepted as awarded by winner. No cash or other substitution may be made,
except by the Sponsor, who reserves the right to substitute a prize (or component thereof)
with another prize (or component thereof) of equal or greater value if the prize is not
available for any reason as determined by the Sponsor in its sole discretion. Winner is
responsible for all costs and expenses associated with prize acceptance and use not listed
above as being provided, including but not limited to meals, incidentals, ground
transportation, souvenirs, taxes, fees, surcharges. Prizes will be reported as income to the
winner and the winner will be responsible for all federal, state and local taxes associated
with the receipt of any prize.
9. PRIVACY AND PUBLICITY: All information submitted by entrants in the Sweepstakes will
be treated according to Sponsor’s Privacy Policy, available at
http://www.49ers.com/about-us/privacy-policy.html and CCPA Notice, available at
https://www.49ers.com/about-us/ccpa-notice. Additionally, except where prohibited,
participation in the Sweepstakes constitutes an entrant’s consent to the Sponsor’s use of
his/her name, likeness, voice, opinions, biographical information, and state of residence for
promotional purposes in any media without further payment or consideration.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the
Sweepstakes is impaired in any way for any reason, including, but not limited to fraud,
virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend
the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner
that best conforms to the spirit of these Official Rules or (b) award the prizes at random
from among the eligible entries received up to the time of the impairment. The Sponsor
reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering
with the entry process or the operation of the Sweepstakes or to be acting in violation of
these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any
person to undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted by law. Failure by the
Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of
that provision.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each
entrant (hereinafter, “Entrant”) agrees to release and hold harmless the Sponsor, the NFL
Entities, and each of their parent, officers, directors, employees, and agents (the “Released
Parties”) from and against any claim or cause of action arising out of participation in the
Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any error that
may prevent an entrant from submitting an entry; (b) unauthorized human intervention in
the Sweepstakes; (c) printing or typographical errors in materials associated with the
Sweepstakes; (d) lost or late entries; (e) errors in the administration of the Sweepstakes or
the processing of entries; (f) alleged or actual violations of rights of publicity or privacy,
defamation or portrayal in a false light, whether intentional or unintentional; (g) telephone,
electronic, hardware, software, network, Internet, or other computer- or communications-
related malfunctions or failures; or (h) 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 of any prize, whether under a theory of contract, tort
(including negligence), warranty or other theory. Entrant further agrees that in any cause
of action, the Released Parties’ liability will be limited to the cost of entering and
participating in the Sweepstakes, and in no event shall the Released Parties be liable for
attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but
not limited to, punitive, consequential, direct, or indirect damages.
IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” (OR ANY
EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR
INTENT). IF ENTRANT IS A RESIDENT OF A STATE OTHER THAN
CALIFORNIA, ENTRANT EXPLICITLY WAIVES THE TERMS AND
PROTECTIONS OF ANY STATUTE OF HIS/HER STATE THAT HAS A
SIMILAR IMPORT OR INTENT.
12. DISPUTES: EXCEPT WHERE PROHIBITED, any controversy, claim or dispute arising out of
these Sweepstakes (including without limitation any controversy, claim or dispute arising
from Entrant’s dealings with third-party sponsors for products and/or services promoted in,
awarded in, linked or otherwise associated with the Sweepstakes (each such third-party
sponsor, a “Third Party Sponsor”)) (collectively, “Claims”) shall be resolved by final and
binding arbitration. Such arbitration shall take place in Santa Clara County, California, and
shall be administered by a single arbitrator pursuant to the JAMS Comprehensive
Arbitration Rules and Procedures. The Sweepstakes shall be governed under the laws of
the State of California, without regarding to conflicts of law principles to the contrary. In
order to keep costs down for both Sponsor and Entrant, hearings may, at Sponsor’s request,
be conducted telephonically or entirely upon submissions. Entrant expressly consents to
the exercise of jurisdiction and venue by the state and federal courts located in Santa Clara
County, California. In addition to the above, Entrant waives the right to bring any Claim
as a class action, consolidated, multi-district or collective action, or private attorney general
action. Entrant also agrees not to participate in any class action, consolidated, multi-district
or collective action, or private attorney general action regarding any Claim. If Sponsor
prevails in any arbitration or proceeding hereunder, Sponsor shall be entitled to recover, in
addition to all other available legal and equitable relief, its legal costs, including attorneys’
fees. Entrant acknowledges and agrees that each Third Party Sponsor will be deemed a
“Sponsor” and a third-party beneficiary of the terms and conditions set forth in this
paragraph.
13. SWEEPSTAKES RESULTS: To request a winners list, send a self-addressed, stamped
envelope to: San Francisco 49ers Faithful Fan Appreciation Giveaway, San Francisco
49ers, 4949 Marie P. DeBartolo Way, Santa Clara, CA. 95054. Requests must be received
within three (3) weeks of the end of the Entry Period. VT residents omit postage.
14. SEVERABILITY: These Official Rules for the Sweepstakes are severable, and if any portion
is determined invalid or unenforceable by a body of competent jurisdiction, the remaining
portions will remain valid, enforceable and in effect to the fullest extent consistent with
applicable law.