“DESIGN A CAN” CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
A PURCHASE WILL NOT INCREASE CHANCES OF WINNING
NEED NOT BE PRESENT TO WIN
1. DESCRIPTION: This “Design a Can” Contest (the “Contest”) provides an opportunity for eligible entrants who comply with these Official Rules (each, a “Participant”) to win a prize by originating a graphic design proposed to be used as artwork on a beer can label, submitting the same for consideration by Sac Soccer USL, LLC, a Delaware limited liability company (“SSU”), and being selected as a winner by SSU. The entry period for the Contest begins at 11:59 PM (California time) on January 28, 2019 and ends at 11:59 PM (California time) on February 17, 2019 (the “Entry Period”).
2. ADMINISTRATOR: The Contest is being administered by SSU, whose address is 1050 20th Street, Suite 200, Sacramento, California, 95811.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes an entrant’s: (a) full and unconditional acceptance of, and agreement to be bound by, these Official Rules and the decisions of SSU in relation to the interpretation and application of the same; and (b) unconditional and irrevocable waiver of any right to claim ambiguity in regard to the Contest mechanics, and/or the interpretation of these Official Rules. Receiving a Contest prize is contingent upon fulfilling, as determined by SSU, all requirements set forth herein.
4. ELIGIBILITY: To participate in the Contest, you must be a legal resident of the State of California, have a primary residence located within 100 miles of any border of Sacramento County, be at least 21 years of age at time of entry, and have a valid e-mail address and Internet access as of the time of entry. Employees, officers, directors, members, and managers of SSU, Sac Soccer & Entertainment Holdings, LLC, the USL Entities (defined below), the MLS Entities (defined below), New Glory Craft Brewery, LLC (“NGCB”), Saccani Distributing Company, and each of their respective parents, subsidiaries, affiliated companies, successors, advertising agencies and promotional companies involved in this promotion, as well as immediate family members of same (including spouses, grandparents, parents, siblings, children, grandchildren, regardless of where they reside, and members of the same household, whether or not related), shall be ineligible to participate in the Contest and shall be ineligible for any prize covered herein. As used herein: (a)"USL Entities" means United Soccer Leagues, a Georgia limited liability company (“USL”), and each USL club that participates in its “USL Championship” outdoor men’s professional soccer league; and (b) "MLS Entities" means Major League Soccer, LLC, a Delaware limited liability company, and each MLS club that participates in its “Major League Soccer” outdoor men’s professional soccer league. The Contest is void outside the State of California and where prohibited.
5. HOW TO ENTER: During the Entry Period, visit the Sacramento Republic FC official Fan site (the “Website”) at http://www.sacrepublicfc.com/new-glory, click on the banners, buttons, tabs and/or links to access the online entry form, complete the online entry form in its entirety, attach one (1) photograph of your original artwork comprising one (1) proposed can design, and press the applicable button to submit (the “Entry”). By submitting your complete name, date of birth, address, city, state, zip code, telephone number, e-mail address, one (1) photograph of your original artwork comprising one (1) proposed can design, and answers to the designated questions (if any) to SSU via the online entry form, you will be automatically entered in the Contest and no further puzzle or game will be necessary. Limit of one (1) Entry per person during the Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple Entries by using multiple or false contact information or otherwise may be disqualified. Incomplete Entries are void. Each entrant to the Contest may be given the option to receive commercial e-mails from SSU; however, eligibility to participate in the Contest is not dependent upon the entrant’s consent to receive such e-mails. In the event of a dispute, Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries made by any other individual or entity that is not the person named on the submitted Entry, or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Contest. All Entries (including, without limitation, any proposed can design) become the exclusive property of SSU and will not be acknowledged or returned. SSU will have no responsibility for lost, late, unintelligible or misdirected Entries.
To facilitate the creation of original artwork solely for the purpose of preparing and submitting an Entry to this Contest, SSU will make available on the Website a downloadable brand asset toolkit which includes logos and other marks of SSU and/or NGCB (collectively, the “Marks”). A non-exclusive, revocable, non-transferable, non-sublicensable and limited license and right during the Entry Period is granted to Participants to use the Marks solely for such purpose and not for any other purpose whatsoever (including, without limitation, any commercial or personal use). All intellectual property rights (including, without limitation, trademark rights, copyright and registered design rights) in respect of the Marks shall remain both during the Entry Period and thereafter the sole property of SSU or NGCB, as applicable. Any use of the Marks will inure to the sole benefit of SSU or NGCB, as applicable, and notice is given that the Marks are valid trademarks and have acquired goodwill in the mind of the purchasing public. No Participant, or any other person or entity, shall acquire any proprietary or other right, title or interest in or to any of the Marks, any mark containing any of the Marks, or any goodwill associated with any of the Marks by reason of the use of them from the brand asset toolkit or otherwise in connection with the Contest. The Marks are not permitted to be used in combination with any other trademark, service mark, logo, prefix, suffix or other modifying words, designs, or symbols. The unauthorized use of any of the Marks shall entitle SSU and/or NGCB, as applicable, to an injunction in addition to any other remedies available at law or in equity. Upon the expiration or earlier termination of the Entry Period for any reason, no further right to use the Marks shall exist, all use of the Marks unconditionally shall cease, and all materials created by Participants that use the Marks shall be destroyed. At the request of SSU, any Participant shall execute and deliver to SSU any documents or instruments required by SSU to implement or give full effect to all or any portion of the foregoing provisions.
6. WINNER SELECTION: A panel of judges, including marketing and creative design representatives of SSU and NGCB, appointed by SSU in its sole discretion will judge the Entries submitted. Entries, specifically including can designs, will be judged on the following criteria: skill and creativity as assessed by the judges in relation to uniqueness/originality, aesthetic quality (design, composition, and technique), professional quality (neatness and craft), regional relevance, and brand relevance . SSU reserves the right to put a select number of can designs, color schemes, logo designs, and/or other parameters deemed by the Contest judges to be relevant to the panel’s decision out for a public vote at any time, and from time to time, after January 28, 2019. The vote(s) may or may not determine the winner. In the event that multiple Participants are determined by the panel of judges to have Entries that are materially indistinguishable, the Participant who submitted the Entry with the highest degree of originality, as determined by the panel of judges, will be deemed the Prize Winner. On or about March 3, 2019, the Participant who submitted the most compelling Entry as determined by the panel of judges will be notified and/or announced as the Prize (defined below) winner. Odds of winning depend upon the number of eligible Entries received; it is anticipated that hundreds of eligible Entries may be received. The Prize will be awarded.
7. PUBLICATION AND ASSIGNMENT OF RIGHTS TO SUBMISSIONS: By entering the Contest, each Participant agrees (a) that his or her submission is an original work of authorship and he or she owns all right, title and interest in and to such Participant’s Entry and every portion thereof (other than the portion, if any, of the can design that consists of the logo or other marks of SSU or its contractors expressly authorized pursuant to these Official Rules to be incorporated into such can design for purposes of submitting the Entry) ("Participant Rights"); (b) that such Participant has assigned to SSU all Participant Rights, including copyright rights, in the Participant’s Entry, including the portion thereof consisting of the can design; and (c) that such Participant has granted to SSU and its contractors permission for SSU and such contractors to publish or publicize all or part of the Entry, including, but not limited to, the portion thereof consisting of the can design, such Participant’s name, address (city and state of residence), and prize information, as well as such Participant’s photograph, voice and/or other likeness, in whole or in part, and to edit and make derivative works of any of the foregoing, for advertising, promotional and trade purposes in conjunction with this and similar promotions (or other commercial uses) in any and all media now known or hereafter developed, throughout the world, in perpetuity, without notice or permission, and without further compensation or consideration, except where prohibited by applicable law. Entrants also agree that SSU may post any photograph of the entrant and/or such entrant’s Entry, including the entrant’s name and the applicable can design, on the Website, other websites it operates or controls, and/or its web pages on third-party sites.
8. PRIZE: One (1) prize will be awarded in this Contest. The Participant who submits the most compelling Entry as determined by the panel of SSU’s judges will be the Prize winner and will be awarded a prize (the “Prize”) consisting of the following:
(a) recognition by means of the can design, or a derivative thereof, originated by such Participant as part of such Entry featured, subject to compliance with all applicable laws, as the artwork portion of the label on cans of beer selected and produced by NGCB. Notwithstanding anything to the contrary contained in the foregoing or otherwise in these Official Rules, no representation, promise or assurance is, or will be, made or given to Participant with respect to any of the following matters relating to this element of the Prize (collectively, the “Can Design Prize Parameters”): that any particular NGCB canned beer product will feature such can design, that any minimum quantity of cans of beer featuring such can design will be produced or available at all or in any particular location, or that any cans of beer featuring such can design will be produced or available for any minimum period of time;
(b) a guided tour of NGCB’s brewery located within the greater Sacramento, California area for the Prize winner and up to three (3) individual guests of the Prize winner (each of which guests must be at least 21 years of age), an on-site sampling of brewery product during such tour, and a question and answer session during such tour with one (1) or more NGCB brewery representatives; and
(c) a total of Four (4) admission tickets (for use by the Prize winner and each of three (3) individual guests of the Prize winner) to attend one (1) Sacramento Republic FC 2019 USL regular season “home” professional soccer match to occur at the facility that currently is commonly known as Papa Murphy’s Park located on the fairgrounds of the California State Exposition and Fair in Sacramento, California (1600 Exposition Boulevard, Sacramento, California) and view the same from seat locations that are specified by SSU.
The approximate retail value (“ARV”) of the Prize is $250.
All Prize details (such as, by way of example only, the Can Design Prize Parameters, the date, location, duration, and content of the NGCB brewery tour, and the date of the Sacramento Republic FC soccer match) will be determined by or on behalf of SSU in its sole discretion. All costs and expenses not expressly specified herein related to the Prize (including, without limitation, federal, state, and local taxes, transportation costs, parking charges, and food and beverage expenses) incurred by accepting such Prize are the sole responsibility of its winner. No transfer, substitution or cash value equivalent for all or any portion of the Prize is available.
Two (2) attempts will be made to notify any potential Prize winner. Such potential winner will have up to 24 hours from notification to accept the Prize via email and return all Winner Release Documents (defined below) to SSU. SSU is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify potential winners. If a potential winner cannot be reached, or if he/she is found to be ineligible, or if he/she cannot or does not otherwise comply with these Official Rules, an alternate winner will be selected. As a condition of being awarded the prize, the winner, upon the request of SSU, will be required to sign and deliver to SSU an Affidavit of Eligibility, Confirmation of Artwork Assignment, and Release of Liability (the "Winner Release Documents"), which must be completed, notarized and returned within ten (10) days of receipt. A disqualification will result if the Winner Release Documents are not properly returned within the specified period of time. Refusal or return of the Winner Release Documents as non-deliverable will also result in disqualification. Except where prohibited by law, the winner also must consent pursuant to the Winner Release Documents to the use, without further compensation, of the winner’s can design, name, voice, picture or other likeness for promotional purposes as determined by SSU in its sole and absolute discretion.
THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED.
9. GENERAL TERMS; LIMITATIONS OF LIABILITY; INDEMNIFICATION: By participating in the Contest, each entrant agrees to the fullest extent permitted by applicable law:
(a) to waive and relinquish any rights he or she has to sue SSU or any of the other Indemnified Parties (defined below) as part of a class;
(b) that under no circumstances will any entrant be entitled to, and, therefore, expressly waives, relinquishes and agrees to have no claim to, any punitive, multiple, incidental or consequential damages of any type or nature, including but not limited to, attorneys' fees and costs (including, without limitation, court and expert costs);
(c) that such entrant’s damages are limited to his or her actual out of pocket expenses or losses;
(d) to indemnify, defend, and hold harmless each of the Indemnified Parties (defined below) from and against any and all claims, demands, causes of action, actions, suits, liabilities, losses, judgments, damages, penalties, costs or expenses (including reasonable attorneys' fees and costs), that result from, arise out of, or otherwise in any way relate to any personal injury, bodily injury (including without limitation wrongful death or disability), property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery, non-delivery, or acceptance of the Prize, or from participation in the Contest, or any Contest-related activity, to or by such entrant;
(e) that none of the Indemnified Parties shall have any responsibility or liability for any typographical or other error in the printing of these Official Rules, administration of the Contest or in the announcement of the Prize, which matters include, without limitation (i) any lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, (ii) any incorrect, inaccurate or incomplete entry information whether caused by an entrant, equipment, or technical malfunction or for any human error, technical error or malfunctions, and (iii) errors in advertising the Official Rules, the selection of the Prize winner or the awarding or implementation of the Prize. Without limiting the foregoing, each entrant further acknowledges and agrees that none of the Indemnified Parties shall have any responsibility or liability 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, and that none of the Indemnified Parties shall have any responsibility or liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to such entrant’s or any other person's computer related to or resulting from participation or downloading any materials in the Contest.
(f) that in the event SSU is prevented from continuing with this Contest (including, without limitation, by reason of infeasibility of complying with any applicable law), or the integrity, security and/or feasibility of the Contest is undermined by any event or occurrence, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within SSU’s control (each a "Force Majeure" event or occurrence), SSU shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Contest without further obligation (and, if and as applicable, to disqualify any entrant who tampers with the entry process) and, if so, that SSU shall have the right (which hereby expressly is reserved by SSU), but not the obligation, to award the Prize (or any substation thereof selected by SSU in its sole and absolute discretion) from among all valid and eligible entries received up to the time of such Force Majeure event;
(g) that the Contest is designed to increase consumer awareness of and interest in the sport of soccer, and that the Contest may not be used for any form of gambling; and
(h) that SSU reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
As used herein, “Indemnified Parties” means SSU, Sac Soccer & Entertainment Holdings, LLC, NGCB, Saccani Distributing Company, the USL Entities, as well as their respective parents, subsidiaries, and other affiliated companies, and each of their respective trustees, directors, officers, shareholders, general and limited partners, members, managers, employees, agents and contractors (including, without limitation, sponsors).
10. WINNERS LIST: For a list of the prize winner, please send a self-addressed stamped envelope to: Sac Soccer USL, LLC, 1050 20th Street, Suite 200, Sacramento, California, 95811. Requests must be received by April 1, 2020.
11. APPLICABLE LAW; JURISDICTION: Notwithstanding anything to the contrary contained in these Official Rules, this Contest is subject to all applicable laws. This Contest and these Official Rules will be governed by the internal laws of the State of California, without regard to any conflict of laws doctrine. The Superior Court of the State of California in and for the County of Sacramento, and its associated appellate courts, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules.