Takis Hoops Ticket Promotion
NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE PROMOTION AREA AND WHERE PROHIBITED. A PURCHASE OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. An individual who participates in the Promotion and/or submits an entry is sometimes referred to herein as an “Entrant”.
SPONSOR: Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019 (the “Sponsor”).
PROMOTION PERIOD: The Takis Hoops Ticket Promotion (the “Promotion”) starts on October 16, 2017 at 12:00 a.m. Central Time (“CT”) and ends on December 15, 2017 at 11:59 p.m. CT (“Promotion Period”).
ELIGIBILITY: Promotion is open only to individuals who are at least eighteen (18) years of age on the entry date and who are legal residents of California and not residing within seventy-five (75) miles of Sacramento or Los Angeles, California, unless also within seventy-five (75) miles of Oakland, California (the “Promotion Area”). Employees of Sponsor, Golden State Warriors, LLC (“Team”), and each of their respective parent companies, subsidiaries, distributors, affiliates, promotion and advertising agencies (collectively, the “Promotion Entities”), and members of each of their immediate family (spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children, and “step” and respective spouses of each of the foregoing, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win.
HOW TO ENTER: During the Promotion Period, there are two (2) ways to enter the Promotion (each entry a “Game Play”):
1) Text Message: Send a text message with the keyword DUBS to short code 95577 to receive one (1) Game Play. By sending a text message from your mobile phone, you will be providing prior written consent to receive messages about the Promotion and Sponsor’s products and services to that mobile phone by or on behalf of Sponsor, including a maximum of 2 automated marketing messages each week. Text messages sent by auto-dialer. Your mobile phone must be capable of sending and receiving text messages to enter via this method. Text message and data rates may apply. Text STOP to 95577 to quit or text HELP to 95577 for help. See your wireless carrier for text message rates and capabilities. Text message Game Plays must be received by 11:59 p.m. CT on December 15, 2017 to be eligible. Consent to receive text messages is not required as a condition of entry.
2) Email: To participate via email without sending a text message, send an email with your complete name, mailing address (no P.O boxes), daytime and evening telephone numbers (area code included), and date-of-birth in the body of the email with a subject line “Takis Hoops Ticket Promotion” to promotions@takisUSA.com. Email Game Plays must be received by 11:59 p.m. CT on December 15, 2017 to be eligible.
Limit one (1) Game Play per person using only one (1) mobile phone number or email for the duration of the Promotion Period, regardless of method of Game Play. Multiple Game Plays received from any person in excess of the limitation stated above will be void with only the first Game Play from such person remaining eligible. Game Plays generated by script, macro or other automated means and Game Plays by any means which subvert the intended Game Play process are void. All Game Plays become the sole property of the Sponsor and will not be returned. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the applicable email account and/or mobile phone number is registered on the date the entry is submitted.
HOW THE PROMOTION WORKS, ODDS OF WINNING AND NOTIFICATION: Ten (10) Prizes (described below) will be randomly assigned to specific, pre-determined winning times throughout the Promotion Period. During the Promotion Period, if you are the first to submit a Game Play at a selected winning time (as determined by Sponsor) or if no one plays at such time and your Game Play is the first submitted thereafter (as determined by Sponsor), you will receive a winning notification from Sponsor via text, phone and/or email indicating that you are a potential Prize winner.
Odds of winning a Prize depend on the aggregate number of Game Plays received and the date and time of Game Play. Prize award is subject to verification of eligibility, winning Game Play and compliance with the terms of these Official Rules. Limit of one (1) Prize per person and per household throughout the Promotion Period.
Sponsor’s decisions are final and binding on all matters relating to this Promotion. Potential winners will be notified by mail, phone, text message and/or email and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If the foregoing documents are not returned within the specified time period, Prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner and/or a potential winner is not in compliance with these Official Rules, the Prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
PRIZES (10): Each confirmed winner (“Winner”) will receive two (2) tickets to a Team home game (the “Prize”). Exact date and time of Prize game to be determined by Sponsor or Team, in its sole discretion. Approximate Retail Value (“ARV”) of each Prize pair of tickets: $200.00. Seat locations will be determined by Sponsor or Team. Winner and Winner’s guest must comply with all venue and Team rules and regulations and failure to do so may result in removal of Winner and/or Winner’s guest from the Prize game and/or forfeiture of Prize.
PRIZE CONDITIONS: All federal, state and local taxes and all other costs associated with Prize acceptance and use not specified herein as being provided, including but not limited to any/all transportation to/from the Prize game, parking fees, meals, beverages, souvenirs and gratuities are the sole responsibility of the Prize Winners. Prizes are awarded “AS IS” and WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, either express or implied, by Sponsor or Team (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Winners may not substitute, assign or transfer Prize or redeem a Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value for any reason, including, without limitation, Prize unavailability. The Prize, and all elements thereof, are subject to availability. All Prize details are in Sponsor’s sole discretion. Acceptance, participation in and/or use of the Prize is at Prize Winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.
The Prize Winner may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize.
GENERAL CONDITIONS: Promotion is subject to all applicable federal, state and local laws. By participating, each Entrant agrees to be bound by these Official Rules and decisions of Sponsor and/or Team, which shall be final and binding in all respects relating to this Promotion. All Entrants agree to follow the Official Rules and release, discharge and hold harmless and indemnify each of Sponsor, Team, the Promotion Entities, Anschutz Entertainment Group, Inc., AEG Management Oakland, LLC, City of Oakland, County of Alameda, Oakland-Alameda County Coliseum Authority and each of their respective parent companies, affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective owners, officers, directors, members, shareholders, employees, agents and representatives, successors and assigns of the forgoing (collectively, “Released Parties”) from any and all claims, injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the Prize (including any travel/activity related thereto).
PRIZE WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE RELEASED PARTIES AND THEIR RESPECTIVE MANAGERS, EQUITY HOLDERS, MEMBERS, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR PARTICIPATION IN THIS PROMOTION.
By entering this Promotion, the Entrant agrees to the following Statement:
I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
LIMITATIONS OF LIABILITY: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, illegible, delayed, misdirected, undelivered, postage due-mail or garbled entries or text messages, or 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the cancellation or postponement of the Promotion or of any Game Play, the processing and/or receipt of entries, the announcement of the Prizes, or in any Promotion-related materials. Released Parties also are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any device of Entrant or any other person, including, without limitation, any computer and/or telephone, related to or resulting from participating in this Promotion and/or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who, act in an unsportsmanlike or disruptive manner or attempt to undermine the legitimate operation of the Promotion (including through the use of automated quick entry programs) or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, not capable of running as planned or compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to cancel, suspend, modify or terminate the Promotion (or portion thereof) and, at its discretion, may select the potential winners from among all non-suspect, eligible entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
To the maximum extent permitted by law, in no event will the RELEASED PARTIES be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the PROMOTION, including any access to or use of the website or any downloading from or printing material from the website OR EMAILING OR TEXTING IN CONNECTION WITH THE PROMOTION. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA.
REQUEST FOR WINNER’S NAMES: For the names of the Winners (available after December 25, 2017) send a self-addressed, stamped, envelope by January 25, 2018, to: Takis Hoops Ticket Promotion Winners, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019.
SPONSOR: Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019.