Draft Party Text To Win Rules

2018 49ERS DRAFT PARTY SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE MAY BE REQUIRED. **

1. ELIGIBILITY: THE 49ERS DRAFT PARTY SWEEPSTAKES ("Sweepstakes") is open only to residents of the United States who are eighteen (18) years of age or older on the date of entry and are attending the San Francisco 49ers Draft Party on April 26, 2018 at Pier 29 in San Francisco, CA. Employees, directors, officers, members, partners, trustees, governors, agents, owners, shareholders (and each of their respective immediate family members (i.e., spouse, parents, legal guardians, children, siblings, grandparents, grandchildren and in-laws, regardless of where they reside) and household members, whether or not legally related) of Forty Niners Football Company LLC (the "Sponsor"), the National Football League and its member clubs ("NFL") and all of their respective parents, subsidiaries, divisions, participating vendors, distributors, advertising and promotion agencies and affiliated entities are not eligible to enter or win. Void where prohibited by law. By entering the Sweepstakes, participants agree to accept and be bound by all terms of these Official Rules (the "Official Rules") and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2. SPONSOR: The Sweepstakes is sponsored by Forty Niners Football Company LLC (together with its affiliates, the "Sponsor")

3. HOW TO ENTER: The Sweepstakes runs during the San Francisco 49ers Draft Party on April 26, 2018 from 4:00pm PT to 8:00pm PT (the "Entry Period"). There is a limit of one (1) entry per person using the following method:

During the Entry Period, at the Draft Party, eligible individuals can follow the instructions displayed at the venue by sending a text to the number displayed and containing the required information as provided. The message displayed at the venue provides full instructions to eligible entrants and shall appear during the Entry Period at the venue. To be eligible, the text message must be sent and received during the Entry Period but before each such prize is awarded throughout the Entry Period. Any entries received before the Entry Period or after the prize is awarded (until the end of the Entry Period) shall be null and void and the entrant shall be disqualified from the Sweepstakes.

For purposes of this Sweepstakes, an entry is "received" when the applicable server records the text entry information. Proof of sending (such as an automated receipt) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the phone associated with the entry provided that person is eligible. Winner may be required to show proof of being the authorized account holder. The authorized account holder is defined as the person assigned to the phone by a wireless carrier. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.

Limit one (1) entry per person and phone number. A person cannot enter on behalf of or for another person. All entries, regardless of method, must be submitted in the name of an individual person and prizes can only be awarded to that person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. No mechanical reproductions or other methods of entry accepted. Entries generated by script, computer programs, macro, programmed, robotic or other automated means are void. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sweepstakes Entities (defined below) are not responsible for misdirected, incomplete, lost, late, inaccurate, damaged, delayed, undelivered, stolen or illegible entries or lost or stolen entry boxes, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, in any Sweepstakes-related material or which may limit prize fulfillment or a participant's ability to participate in the Sweepstakes. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's phone account to receive texts. False or deceptive entries or acts will render an entrant ineligible. All entries become the property of the Sponsor and will not be returned. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified

4. HOW TO WIN/ODDS: During (or immediately following) the Entry Period, one (1) entry will be randomly selected from all eligible entries received in accordance with these Official Rules for each prize listed in Section 5. A total of eight (8) prizes will be awarded during the Entry Period. The odds of winning depend on the total number of eligible entries received. The first entry drawn for each prize will be the prize winner, subject to eligibility confirmation. Sweepstakes will be administered by the San Francisco 49ers, the decisions of which in all matters regarding the Sweepstakes are final and binding. The winner will be notified using the information provided during entry by telephone in a commercially reasonable time after the drawing, and must meet all eligibility requirements including the execution and delivery of all necessary waivers and releases. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending the communication to the phone of the winner. The winner is considered a potential winner until he/she executes and returns an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, publicity release ("Winner Documents") as requested by the San Francisco 49ers. Failure to do so, or if any prize or prize notification is returned as undeliverable, or if a potential winner fails or refuses to respond to notification attempts or declines all or part of the prize, or is not in compliance with these Official Rules or is determined to be ineligible for whatever reason, such potential winner will be disqualified and an alternate winner may be selected by random drawing from among all remaining eligible entries received at the Sponsor's sole discretion. If no eligible potential winner can be identified after reasonable attempts or if delays in obtaining the completed Winner Documents would make it impracticable to award the prize due to timing, no substitute prize will be awarded. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

The ARV of the prize may be reported for tax purposes as required by law.  The reporting and payment of any tax liabilities incurred by the winner as a result of winning this Sweepstakes are the sole responsibility of the winner.  The winner may be required to provide Sponsor with a valid social security number or tax identification number and pay a withholding amount before the prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner.  Unclaimed prize(s) will be forfeited.   No substitution or transfer of prize(s) or cash redemptions permitted by winner except at Sponsor's sole discretion. The Sponsor reserves the right to substitute a prize of like value in the event the described prizes, or any portion thereof, is unavailable for any reason whatsoever.  All prize details not specified in these Official Rules will be determined in Sponsor's sole and absolute discretion. All prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor reserves the right to conduct a background check of any and all records of winner, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, winner shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by Grand Prize winner in his/her interview. In that regard, winner will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify the Grand Prize winner from any prize element, based on the background check.

6. GENERAL RULES AND REGULATIONS:

By winning this Sweepstakes, the winner grants Sponsor, the National Football League and its member clubs ("NFL"), and their designees the right, unless prohibited by law, to use his/her name, city and state of resience, voice, picture and likeness, without compensation, notification on or permission, for the purpose of advertising and publicizing the goods and services of the Sponsor and all matters related to the Sweepstakes in any other manner or medium, now or hereafter known throughout the world in perpetuity. In the event more winner notifications are issued, or more bona fide winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, seeding, human, or other error or problem, a random drawing will take place from all eligible prize claims for the prize at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. These Official Rules constitute an agreement between entrants of this Sweepstakes and Sponsor. If any term or provision of this Agreement or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion. In the event of sabotage, acts of God, computer virus or other events or causes beyond the Sponsor's reasonable control, which corrupt the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right to cancel or suspend the Sweepstakes. Sponsor additionally reserves the right, in their sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. In the event of cancellation, prizes will be awarded from among all eligible, non-suspect entries received prior to the event requiring such cancellation. Notice of cancellation will be posted at www.49ers.com. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. RELEASE AND WAIVER OF LIABILITY: By entering this Sweepstakes, entrants agree to indemnify, defend, release and hold harmless the release Sponsor, the National Football League and its member clubs, any other promotional sponsors or partners, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents (the "Sweepstakes Entities") from and against any and all liability, losses, damages, rights, claims or causes of actions of any kind whatsoever (however named or described) resulting from or arising out of participation in this Sweepstakes, including, without limitation, for injuries, damages or losses to persons and property (up to and including death) which may be sustained in connection with the acceptance, possession, receipt, ownership, use or misuse of the prize, or while preparing for, participating in, and/or traveling to any prize-related activity. The Sweepstakes Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY),BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

8. PRIVACY STATEMENT: The information submitted will be available to the San Francisco 49ers and its sponsors, partners, and affiliates. For more information on how this information may be used by them, please read their respective Privacy Notices, which can be found at http://www.49ers.com/about-us/privacy-policy.html. Sweepstakes information shall only be used for Sweepstakes administration purposes unless you have agreed to receive to receive marketing communications through the Sweepstakes web site.

9. CONSTRUCTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. In any action brought to enforce the obligation or right of any party hereunder, they consent to personal jurisdiction and venue in any court of appropriate jurisdiction in Santa Clara County, California, USA.

10. WINNER'S LIST: For a winner's list, send a request and a self-addressed stamped envelope within three weeks of the Entry Period to: The "2018 49ers Drat Party Sweepstakes" Winners, San Francisco 49ers, 4949 Marie P. DeBartolo Blvd., Santa Clara, CA 95054.

11. OFFICIAL RULES: For a copy of these Official Rules, send a request and a self-addressed stamped envelope to: The "2018 49ers Drat Party Sweepstakes" Rules, San Francisco 49ers, 4949 Marie P. DeBartolo Blvd., Santa Clara, CA 95054.