CLIPPER NATION TEXTS SEASON TICKET GIVEAWAY
OFFICIAL RULES and PARTICIPATION AGREEMENT (“Official Rules”)
Individuals who participate in the Giveaway are sometimes referred to herein as an “Entrant.”
PLEASE READ: These Official Rules contain a mandatory arbitration agreement and a class action waiver requiring Entrant to resolve any disputes between Entrant and Sponsor, and Sponsor’s related and affiliated entities and all predecessors, assigns and successors thereto and all of their respective fiduciaries, shareholders, equity holders, members, managers, partners, directors, divisions, officers, managers, executives, employees, independent contractors, freelancers, consultants, attorneys, administrators, agents and insurers and all persons acting by, through, under or in concert with any of them (collectively, “Sponsor Parties”) through final and binding arbitration on an individual basis and requiring Entrant to forgo jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless Entrant opts out of the arbitration agreement following the procedures set forth in Section 3 below, Entrant will be bound by this arbitration agreement. By entering the Giveaway, Entrant acknowledges that Entrant understands and expressly agrees to the mandatory arbitration agreement.
- SPONSOR: The Clipper Nation Texts Season Ticket Giveaway (the “Giveaway “) is sponsored by LA Clippers LLC (the “Sponsor”).
- ADMINISTRATOR: LA Clippers LLC d/b/a LA Clippers, 1212 South Flower Street, 5th Floor, Los Angeles, California 90015 (“Administrator”).
- DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER: BY AGREEING TO THESE OFFICIAL RULES, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THE GIVEAWAY OR THESE RULES (“DISPUTES”), AND ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. Entrant also agrees that any Dispute shall be resolved through confidential, binding arbitration in accordance with the Expedited Procedures in the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except Rule 6(e) of those Expedited Procedures. Judgment on the award may be entered in any court having jurisdiction.
Binding Arbitration: Entrant and the Sponsor agree that the arbitrator (the “Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of the terms of this Section 3 (the “Arbitration Agreement”), including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Official Rules are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The Arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: Entrant acknowledges and agrees that Entrant and the Sponsor Parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both Entrant and the Sponsor Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 3 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, the Sponsor Parties each retain the right to bring an individual action in small claims court as well as the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the Sponsor Parties copyright rights, trade secrets, patents or other intellectual property rights.
Rules, Procedures & Governing Law: The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these terms. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/ or by calling JAMS at (800) 352-5267. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Official Rules. Notwithstanding any choice of law or other provision in the Official Rules, Entrant and the Sponsor Parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the JAMS Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of California, without regard to its choice or conflict of law provisions or where the parties are located at the time such Dispute arises.
Discovery in the arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the Arbitrator(s). In the event of any inconsistency between the JAMS Rules and this paragraph, the terms of this paragraph shall control.
All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional sixty (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of the Sponsor Parties to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Official Rules shall be entitled to its reasonable attorney fees and costs.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
Waiver of Injunctive Relief: Entrant understands and agrees that the Giveaway Entities are relying on these Official Rules and will incur significant expense in reliance on these Official Rules, and hereby irrevocably agree that these Official Rules cannot be terminated, rescinded, or modified, in whole or in part. Entrant hereby irrevocably waives Entrant’s right to injunctive and other equitable relief in the event of a dispute in connection with these Official Rules and the subject matter herein.
- GIVEAWAY PERIOD: The Giveaway shall begin at 7:00 p.m. (Pacific Time) on April 15, 2022 and end at 11:59 p.m. (Pacific Time) on May 31, 2022 (“Giveaway Period”). Administrator’s computer is the official time-keeping device for the Giveaway.
- ELIGIBILITY: The Giveaway is offered only to individuals (each, an “Entrant”) that are: (i) eighteen (18) years or older at the time the Giveaway begins, and (ii) legal residents of California and whose primary residence is within a one-hundred fifty (150) mile radius of the city of Los Angeles, California (the “Giveaway Area”). Void where prohibited or restricted by law. The Sponsor, Administrator and their respective employees, agents, officers, directors, members, managers and owners; the National Basketball Association and its member teams, NBA Properties, Inc.; TapOnIt LLC (“TOI”), and any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Giveaway, as well as those social media platforms which the Giveaway is advertised on, and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees (collectively with Sponsor, the “Giveaway Entities” and each a “Giveaway Entity”), and their immediate families (i.e., spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children and “step” of each) and those individuals living in their same household are not eligible to enter or win.
- HOW TO ENTER / THE SUBMISSION: Entrants must enter the Giveaway in one of the following three ways: (1) by visiting https://textclippers.com/seasonticketsgiveaway and following the on-screen entry instructions or (2) by texting GOCLIPS to 36454 or (3) emailing marketing@clippers.com with the subject line: “Clipper Nation Texts Season Ticket Giveaway” and (a) providing the required entry information, which shall include name, phone number, email address and zip code, and (b) opting in to receive SMS text messages from Sponsor (which shall be assumed in the case of email or text entry) (the “Submission”). There is a limit of one (1) Submission per person. Sponsor reserves the right to verify eligibility of all Entrants. In the event of a dispute regarding the identity of the person submitting an entry, the Submission will be deemed to be submitted by the person in whose name the email account is registered on the date the entry is submitted. Incomplete, false or deceptive entries are void.
Sponsor will select one (1) alternate Prize Winner according to the same criteria. In the event the Prize Winner is deemed ineligible or forfeits the Prize, Sponsor will notify the alternate Prize Winner of his/her/their selection as the alternate Prize Winner.
- PRIZE: The Prize Winner (as explained above) will receive the following prize (the “Prize”):
- Two (2) 2022-2023 LA Clippers Season Tickets
Approximate Retail Value (“ARV”) of the Prize: $ 5,000. Any difference between stated value and actual value will not be awarded. The specific seat location in the Crypto.com Arena (“Arena”) will be determined by Sponsor in Sponsor’s sole discretion. Prize Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of the Prize. Without limitation, travel to/from the Arena to attend games will not be provided as part of the Prize. Prize Winner shall provide, upon Sponsor or its designee’s request, all available information that Sponsor may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid w9. Prize Winner acknowledges that Sponsor will rely upon such information to prepare all relevant tax materials, if any.
- WINNER SELECTION & NOTIFICATION: One (1) Entrant that properly completes all necessary steps and complies with all required conditions during the Giveaway Period will be chosen by Sponsor or its designee as a potential Prize winner (“Potential Winner”). The Potential Winner will be selected via a random drawing on June 2, 2022. Odds of winning depend on the number of Entrants. The Potential Winner will be contacted via text message or email (“Notice”) on June 2, 2022, and must respond to such notification and complete and return a release confirming the Potential Winner’s eligibility (the “Affidavit”) within forty-eight (48) hours of such notification. Failure to respond within such time will result in disqualification of the Potential Winner and an alternate Potential Winner will be selected (“Alternate Potential Winner”). Alternate Potential Winner shall be contacted via Notice as soon as practicable and shall also have forty-eight (48) hours to respond and complete the Affidavit. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL POTENTIAL WINNER’S ELIGIBILITY HAS BEEN VERIFIED AND POTENTIAL WINNER HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Prize Winner”). For clarity, in order to claim the Prize, the Prize Winner must complete the Affidavit, which may include representations of eligibility, releases of liability as well as a publicity release and other terms consistent with these Official Rules.
- ADDITIONAL PRIZE CONDITIONS AND RESTRICTIONS: In the event a Prize Winner (and/or his/her/their companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or supervising staff in their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or goodwill of Sponsor, such behavior may, in Sponsor’s sole discretion result in Prize Winner’s disqualification from the Giveaway and forfeiture of the Prize.
No portion of the Prize may be transferred or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason. The Prize and all elements thereof, are subject to availability. Entrant understands and acknowledges that the depiction of such Prize in any advertising or promotional materials may not reflect the actual Prize. The Prize is 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). Acceptance, participation in and/or use of the Prize is at Prize Winner’s sole risk and Giveaway Entities are 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-MISC tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize may not relieve the Prize Winner of his/her tax obligations associated with winning the Prize. The ARV of the Prize is based on available information provided to Sponsor and the value of any prize awarded to a Prize Winner may be reported for tax purposes as required by law. An IRS Form 1099 may be issued in the name of Prize Winner, for the actual value of the Prize received. Unclaimed Prize(s) or portions thereof will be forfeited.
Also, Sponsor will not be responsible for awarding any un-awarded portion of the Prize to a Prize Winner if the Prize Winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or Sponsor’s personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Giveaway Entities wish to associate (which may be determined by the Sponsor, at its sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the Prize Winner has agreed to comply with as an Entrant of this Giveaway.
- PUBLICITY/PRIVACY POLICY: Except where prohibited by law, the Prize Winner’s entry and acceptance of a Prize constitutes the Prize Winner’s irrevocable, unrestricted royalty free, fully paid up, perpetual right and license for the Giveaway Entities to capture, record, display, exhibit, transmit, broadcast, reproduce, digitize, modify, alter, edit, adapt, create derivative works, exploit, rent, license, sublicense, otherwise use, and permit others to use any materials and information Prize Winner provides or is captured as part of Prize Winner’s acceptance or use of the Prize, in whole or in part, including without limitation, the right of publicity and privacy in and to the Prize Winner’s name, image, likeness, appearance, persona, voice, professional and personal biographical information, signature, and other personal characteristics and private information, and any footage or content captured in the Arena (collectively, the “Materials”), in all forms of media, now or hereafter known without review, permission, or further compensation or consideration. Without limitation, Prize Winner understands that the rights granted herein include the Giveaway Entities’ use of the Materials, in whole or in part, to promote the Giveaway Entities and their products, services, and promotions or advertising related thereto. Each Prize Winner hereby waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
By entering this Giveaway, Entrant acknowledges and agrees that: (a) Entrant has opted-in to Sponsor’s and the applicable Giveaway Entities’ (including but not limited to TOI’s) Terms of Use and Privacy Policies, illustrative copies which are available at https://www.nba.com/termsofuse and https://www.nba.com/privacy-policy#Cookies (collectively, the “NBA Policies”), and https://taponit.com/laclippers-terms/ and https://taponit.com/laclippers-privacy/ (collectively, the “TOI Policies”), respectively; and (b) by opting-in, Entrant has read and consent to the foregoing. Entrant understands and agrees that in the event of a conflict amongst the terms of these Official Rules, the NBA Policies and the TOI Policies as it relates to this Giveaway, the terms of these Official Rules and TOI Policies shall take precedence in such order. Each Entrant further acknowledges that if he/she/they is chosen as a Prize Winner, certain of his/her/their identifying information may be disclosed to third parties as required by law, including, without limitation, on a winner’s list.
Notice of Financial Incentive: The California Consumer Privacy Act of 2018’s (“CCPA”) implementing regulations define a “financial incentive” as a program, benefit or other offering “related to the collection, deletion, or sale of personal information.” Our collection of Entrant’s personal information (including name, email, and cell phone number) allows Sponsor to effectuate the Giveaway. We estimate the value of an Entrant’s personal information solely for purposes of the CCPA and pursuant to the valuation options mandated by the CCPA regulations, to be on average approximately $2.50 per Entrant. This estimate is not specific to any individual consumer and varies per consumer. Sponsor has based this good-faith estimate on the ARV of the Prize ($5,000) and the reasonably anticipated number of Entrants (2,000). The reasonably anticipated number of Entrants is based on prior giveaways administered by Sponsor. Entrant may enter the Giveaway by completing a Submission pursuant to Section 6 and may opt out pursuant to the TOI Policies.
- GENERAL CONDITIONS: This Giveaway is subject to all applicable federal, state, and local laws and regulations of the United States. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Giveaway or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Giveaway Entities, and all of their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages 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 or participation in any promotional-related activity or participation in this Giveaway. Administrator and Sponsor each reserves the right to modify the scheduling of the Giveaway without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Neither the Administrator’s nor the Sponsor’s failure to enforce any term of these Official Rules shall constitute a waiver of that provision. In the event Sponsor is prevented from continuing with the Giveaway by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Giveaway by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Giveaway ’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Giveaway or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Giveaway should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway ; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Giveaway; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. Sponsor’s decision is final and binding in all respects.
- RELEASE AND INDEMNITY: PRIZE WINNER AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY the Released parties 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: (A) ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR ANY PORTION THEREOF; (B) PARTICIPATION IN ANY GIVEAWAY RELATED ACTIVITY OR PARTICIPATION IN THIS GIVEAWAY (INCLUDING TRAVEL TO/FROM ANY GIVEAWAY RELATED ACTIVITY); (C) THE RELEASED PARTIES’ VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT OR BASED ON ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY; OR (D) ANY TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION OR ANNOUNCEMENT OF ANY GIVEAWAY ACTIVITY AND/OR PRIZE. By entering this Giveaway, 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 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 DEBTOR OR RELEASED PARTY.” 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: The Giveaway Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion, or any combination thereof, including any injury or damage to participant’s or any other person’s property related to or resulting from participating in the Giveaway or downloading any material for the Giveaway , or other telecommunications malfunctions which may limit an entrant’s ability to participate. Administrator may prohibit an Entrant from participating in the Giveaway or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Giveaway Entities. Any attempt by any person to damage any website or undermine the legitimate operation of the Giveaway is a violation of criminal and civil law, and, should such an attempt be made, Giveaway Entities each reserve the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Giveaway is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway , then the Administrator or Sponsor each reserves its right at its sole discretion to cancel, terminate, modify or suspend the Giveaway.
To the maximum extent permitted by law, IN NO EVENT WILL THE GIVEAWAY ENTITIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE GIVEAWAY , INCLUDING ANY ACCESS TO OR USE OF THE ADMINISTRATOR’S OR SPONSOR’S WEBSITE, OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THESE WEBSITES. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE (EXCEPT AS PROVIDED IN SECTION 3). EVERYTHING ON THESE WEBSITES 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. PRIZE WINNER AGREES 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.
- WINNER’S LIST: For 30 days after the Giveaway Period, to find out who won send an email to marketing@clippers.com for the names of the Prize Winner. In the subject of the email, type “Clipper Nation Texts Season Ticket Giveaway- 2022 Winners’ List.” No correspondence will be entered into except as noted herein.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision or portion thereof of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions and portions thereof will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
- NO ASSOCIATION: Except as provided in these Official Rules, this Giveaway is in no way sponsored, endorsed or administered by, or associated with any entity through which the Giveaway is promoted, including social media platforms such as YouTube, Instagram, Facebook, Twitter, Snapchat and TikTok.