San Francisco 49ers – United Airlines Playoffs Sweepstakes

S A N F R A N C I S C O 4 9 E R S
U N I T E D A I R L I N E S P L A Y O F F S S W E E P S T A K E S
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: The San Francisco 49ers United Airlines Playoffs Sweepstakes (the
“Sweepstakes”) is open only to legal residents of the United States who are eighteen (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”), United Airlines, Inc., 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 is sponsored by Forty Niners Football Company LLC and
United Airlines, Inc. (together with their 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 runs as follows:
From January 10, 2023 9:00am PT until January 11, 2023 11:59 pm PT (the “First
Entry Period”);
From January 17, 2023 9:00am PT until January 18, 2023 11:59 pm PT (the
“Second Entry Period”); and
From January 24, 2023 9:00am PT until January 25, 2023 11:59 pm PT (the “Third
Entry Period”).
Entries that are submitted prior to or after the Entry Periods will be disqualified. The
Second Entry Period will only take place if the San Francisco 49ers participate in a
divisional round playoff game on January 21, 2023 or January 22, 2023. The Third Entry
Period will only take place if the San Francisco 49ers participate in the conference
championship playoff game on January 29, 2023.
5. HOW TO ENTER:
Via Online:
In order to enter the Sweepstakes and be eligible for the corresponding prize, you must
complete the online form located at www.49ers.com correctly during the Entry Periods.
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) entry
per person per Entry Period, and a limit of one (1) 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. Entrants
submitting multiple entries will be disqualified and not entered into the drawing.
ENTRANTS MUST BE 18 YEARS OF AGE OR OLDER TO BE ELIGIBLE.
6. 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.
7. DRAWING AND ODDS OF WINNING: As soon as practicable following the relevant Entry
Period, the Sponsor will select one (1) potential winner in a random drawing of all entries
received. The odds of being selected depends 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
8. 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, that potential winner will be disqualified and an alternate entrant may
be selected in his/her place in a random drawing of all entries received.
9. PRIZES: The prize (the “Prize”) that will be awarded for each Entry Period will consist of
one road trip experience, including:
Domestic round-trip “H” class air transportation (the “Air Transportation”) for two
(2) on United Airlines or United Express (“United Airlines”) to/from the contiguous
United States and Alaska to the airport served by United or United Express closest
to the San Francisco 49ers playoff game. The Air Transportation will be awarded
in the form of one voucher including two credits (at Sponsor’s discretion), valid for
one year from date of issue;
Two (2) San Francisco 49ers playoff game tickets; and
One (1) hotel room for two (2) nights in the metro area in which the San Francisco
49ers playoff game takes place.
The approximate retail value (“ARV”) of the Prize per Entry Period is $4,000.
For the playoff games: The applicable playoff game for the First Entry Period will be the
wild card playoff game on January 14, 2023 (San Francisco 49ers vs. Seattle at Levi’s
Stadium). The Second Entry Period will only take place if the San Francisco 49ers
participate in a divisional round playoff game on January 21, 2023 or January 22, 2023.
The Third Entry Period will only take place if the San Francisco 49ers participate in the
conference championship playoff game on January 29, 2023. The date and time of the
playoff games is subject to change. Winner will be responsible for transportation to and
from the playoff games. Sponsor makes no guarantee as to the location of the seats for the
playoff games and exact seats will be determined by Sponsor in its sole discretion. Sponsor
is not responsible for lost or mutilated tickets, and none will be replaced. Winner must
comply with all stadium rules and regulations, including without limitation, all health and
safety protocols, and ticket terms and conditions at all times. Failure to do so may result in
forfeiture of the Prize. The terms and conditions of the tickets awarded will govern in the
event a legal game, exhibition, or event, as defined by the team, is not played due to
weather, an act of God, an act of terrorism, civil disturbance, or any other reason. Sponsor
reserves the right to remove or to deny entry to any winner and/or guest who engages in a
non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass
any other person at the playoff games. Sponsor will not be responsible for acts of God,
acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside
their control that may cause the cancellation of the playoff games. Sponsor will not be
responsible for replacing the tickets in the event any of the playoff games are cancelled or
delayed. Resale of game tickets is strictly prohibited. For the avoidance of doubt, unused
tickets cannot be refunded, exchanged or applied towards tickets for any subsequent game
or for cash.
For Air Transportation: Air travel is subject to the terms and conditions of United’s contract
of carriage and the voucher awarded in connection with the prize.
The odds of being selected depend on the number of entries received. 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.
10. PRIVACY AND PUBLICITY: All information submitted by entrants in the Sweepstakes will
be treated according to Sponsor’s Privacy Policy, available at
https://www.49ers.com/about-us/privacy-policy. 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.
11. 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.
12. 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.
13. 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.
14. SWEEPSTAKES RESULTS: To request a winners list, send a self-addressed, stamped
envelope to: San Francisco 49ers United Airlines Playoffs Sweepstakes, 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 Periods. VT residents omit postage.
15. 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.