“ScholarShare/Warriors Essay Promotion” SWEEPSTAKES Sponsored by ScholarShare
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCE OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES.
SWEEPSTAKES DESCRIPTION: The “ScholarShare/Warriors Essay Promotion” Sweepstakes (“Sweepstakes”) begins at 12:00 AM Pacific Time (PT) on March 21, 2013 and ends at 11:59 PM PT on April 5, 2013 (“Sweepstakes Period”).
SPONSORS: ScholarShare College Savings Plan and TIAA-CREF Tuition Financing, Inc.
ADMINISTRATOR: Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94602
ELIGIBILITY: Sweepstakes is open to legal residents of the State of California who (“Entrant”): 1) are at least 18 years of age or older at the time of entry; 2) “Like” “ScholarShare 529 College Savings Plan” and “Golden State Warriors” on Facebook; 3) complete and submit an essay as outlined in “How To Enter” below; and 4) are willing and able to participate in advertising and other promotional events as described in the section entitled Publicity Release below. Employees, directors, officers, trustees, and agents, and their respective immediate family members of the Sponsors; California State Treasurer’s Office including all boards, authorities, committees, and commissions; consultants involved with the management of ScholarShare, Golden State Warriors, LLC, the National Basketball Association and its member teams, NBA Properties, Inc., and each of their respective parents, subsidiaries, affiliates, subsidiaries, owners, divisions, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this sweepstakes (collectively, the “Sweepstakes Entities” and each a “Sweepstakes Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grand children, siblings, children and “step” of each) and those individuals living in their same household are not eligible to enter or win. Entries that are incomplete or contain inappropriate or offensive content as determined by the Sponsors are void.
PRIZES/APPROXIMATE RETAIL VALUE (ARV): Grand Prize – A $1,529 ScholarShare 529 college savings account (“Prize”) will be awarded to one (1) “Winner”. Winner will be randomly selected from all qualifying entries. One (1) prize per Winner. The Winner will be required to open a ScholarShare account with the awarded funds or contribute the award funds to an already existing ScholarShare account. The odds of winning a prize are determined by the number of entrants to the sweepstakes, but could reach approximately 1 in 29,000,000.
HOW TO ENTER: To enter, each Entrant must, during the Sweepstakes Period,
1) “Like” the Warriors on Facebook.
2) “Like” “ScholarShare” on Facebook.
3) Visit www.warriors.com/ScholarShare (the “Website”) and follow the Sweepstakes entry instructions to submit an essay of five hundred twenty-nine (529) words or less describing why your child or a child you know deserves a $1,529 ScholarShare 529 college savings account. Entries must also include your full name, age, phone number and email address.
Send your essay of five hundred twenty-nine (529) words or less describing why your child or a child you know deserves a $1,529 ScholarShare College Savings Account, along with your full name, age, phone number and email address, to Golden State Warriors, Attn: Essay Contest, 1011 Broadway, Oakland, CA 94607 which essay must be received during the Contest Period.
Each Entrant may enter a total of one (1) time. Multiple entries exceeding one (1) in contravention of these Official Rules, or entries generated by a script, macro or other automated means, will be disqualified. Entries that are incomplete or contain inappropriate or offensive content as determined by the Sponsors are void. Entries must be posted by 11:59 PM PT on April 5, 2013. Sponsors reserve the right to extend the Sweepstakes Period at any time.
GENERAL PRIZE RESTRICTIONS/VERIFICATION: The Winner will be responsible for all federal, state and local taxes applicable to acceptance and use of the Prize, including income taxes, if any, and may be required to provide their Social Security Number or federal Taxpayer Identification Number for tax-reporting purposes. Any and all costs associated with acceptance and use of the Prize will be the sole responsibility of the Winner. No transfer or substitution of the Prize is permitted, except by Sponsors who reserve the right to substitute the Prize, in whole or in part, for one of comparable or greater value due to unavailability for any reason, as solely determined by Sponsors. The Prize, and all elements thereof, are subject to availability. 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 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 Winner will be randomly selected and notified through Facebook private message from Administrator on or prior to [date]. Administrator will ask for a phone number and email address where the Sweepstakes Administrator can contact the Winner. To be confirmed a Winner, the Winner will be required to complete, sign and return within ten (10) days on notification attempt by Administrator, an Affidavit of Eligibility/Liability & Publicity Release form and an account form, or the Prize will be forfeited and an alternate Winner may be randomly selected by Administrator (and in such case this process will be repeated). All ScholarShare account prizes will be awarded in the name of the Winner for the benefit of the participating child. ScholarShare enrollment materials will be provided to the Winner upon initial contact by the Sweepstakes Administrator. The Winner must complete ScholarShare enrollment materials within thirty (30) days of notification attempt in order to receive a Prize.
PUBLICITY RELEASE: By entering the Sweepstakes or accepting a Prize, the Entrant or Winner grants to Sponsors and their affiliated companies, agents and representatives the right, except where prohibited by law, to use his or her name, likeness, picture, address (city and state), voice, biographical information, and written or oral statements for advertising and promotional purposes in promoting the Sponsors and their products, websites, the Event, and/or this Sweepstakes or succeeding Sweepstakes. The Winner shall have no right of approval, no claim to compensation and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration or use in composite form of his or her name, picture, likeness, address (city and state), email address, biographical information or entry Facebook post, including “Like” and content. The rights granted under this paragraph shall extend to Sponsors and their affiliated companies, agencies or marketing partners with respect to all Entrants in the Sweepstakes, including the Winner, and participating children.
WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS 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 THE PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN THIS SWEEPSTAKES.
By entering this Sweepstakes, 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.
CONDITIONS/RELEASE/LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants and the Winner: (a) release the Sweepstakes Entities from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use or misuse of the Prize; and (b) acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Prize, including, but not limited to, its quality or availability. Neither Released Parties and Sponsors, nor any service providers are responsible for late, lost or misdirected Entries or postage-due mail, or for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, or any other error or malfunction, or for any injury or damage to Winner’s, Entrant’s, or any other person’s computer, or for any other error related to or resulting from participation in this Sweepstakes, whether computer, technical, typographical, printing, human or otherwise, including, without limitation, errors or malfunctions that may occur in connection with the administration of the Sweepstakes, the drawing of Entries, the announcement of the prizes or creation of any Sweepstakes-related materials. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO TAMPER WITH THE RANDOM SELECTION PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Sweepstakes Administrator’s or Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or unauthorized intervention, fraud, action of Entrant or Winner, technical failures or any other causes that in the sole opinion of Sponsors, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsors reserve the right at their sole discretion to disqualify any suspect entry or Entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at http://www.facebook.com/goldenstatewarriors and selection of a Winner may be made from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Sponsors determine in their sole discretion. Entries not complying with all rules are subject to disqualification.
FURTHER LIABILITY LIMITATIONS: To the maximum extent permitted by law, IN NO EVENT WILL THE SPONSORS OR GOLDEN STATE WARRIORS, LLC BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SWEEPSTAKES, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. 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.
DISPUTES: Except where prohibited, Entrant and Winner agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (b) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250).; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s or Winner’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, 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 (whether of the state of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of California. Notwithstanding anything stated herein, it is understood that none of the Sponsors shall be construed to have waived any rights or defenses of sovereign immunity that each may have with respect to all matters arising out of the Official Rules, or Entrant’s or Winner’s participation in the Sweepstakes. Each of the Sponsors hereby reserves all immunities, defenses, rights or actions arising out of its sovereign status or under California state law and the Eleventh Amendment to the United States Constitution, and no waiver of any such immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by the Sponsor’s participation in the Promotion and enforcement of the Official Rules, by any express or implied provision of the Official Rules, or by any actions or omissions to act of the Sponsors, or any affiliate, representative or agent of any Sponsor, whether taken pursuant hereto, prior to or after an Entrant’s or Winner’s participation in the Promotion.
PUBLIC RECORDS ACT AND INFORMATION PRACTICES ACT OF 1977: ScholarShare is subject to the California Public Records Act (Government Code section 6500 et seq.) and the Information Practices Act of 1977. Entrants’ and the Winner’s names and other information may be subject to disclosure to the public or a governmental entity. Administrator will maintain records of the Sweepstakes for at least two (2) years after announcement of the Winners. (Bus. & Prof. Code, § 17539.2(d).). Entrants and the Winner have the right of access to sweepstakes records which may be obtained by contacting:
Golden State Warriors, LLC
Attention: ScholarShare Rules
Oakland, CA 94602
WINNER/RULES: Visit www.warriors.com for the Winner. For a copy of the Official Rules visit http://www.nba.com/warriors/scholarshare-essay-contest-rules.
Consider the investment objectives, risks, charges and expenses before investing in the ScholarShare College Savings Plan. Please visit www.ScholarShare.com for a Plan Disclosure Booklet with this and more information. Read it carefully.
Before investing in a 529 plan, you should consider whether the state you or your designated beneficiary reside in or have taxable income in has a 529 plan that offers favorable state income tax or other benefits that are only available if you invest in that state's 529 plan.
Account value in the Investment Options is not guaranteed and will fluctuate based upon a number of factors, including general market conditions.
The tax information herein is not intended to be used, and cannot be used, by any taxpayer for the purpose of avoiding tax penalties. Taxpayers should seek advice based on their own particular circumstances from an independent tax advisor.
The ScholarShare 529 College Savings Plan Facebook and Twitter pages are managed by the state of California.
The ScholarShare College Savings Plan is administered by the ScholarShare Investment Board. TIAA-CREF Tuition Financing, Inc. is the Plan Manager.