“WIN A LIFE-SIZED KLAY THOMPSON BOBBLEHEAD” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCE OF WINNING.
SWEEPSTAKES DESCRIPTION: The “Win a Life-Sized Klay Thompson Bobblehead” Sweepstakes (“Sweepstakes”) begins at 9:00 AM Pacific Time (PT) on December 25, 2015 and ends at 11:00 PM PT on January 14, 2016 (“Sweepstakes Period”). A winner will be selected on January 15, 2016.
SPONSOR: ScholarShare College Savings Plan
ADMINISTRATOR: Golden State Warriors, LLC
ELIGIBILITY: Sweepstakes is open to legal residents of the State of California who (“Entrant”): 1) are at least 18 years of age or older, whose primary residence is within a seventy-five (75) mile radius of the city of Oakland, California ; 2) have not won a prior sweepstakes with ScholarShare in the past 12 months, and 3) are willing and able to participate in advertising and other promotional events as described in the section entitled Publicity Release below. Sponsor; California State Treasurer’s Office; ScholarShare Investment Board and all other boards, authorities, councils, committees, and commissions chaired by the California State Treasurer; consultants involved with the management of ScholarShare; TIAA-CREF Tuition Financing, Inc.; Rogers Finn Partners; Administrator; and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees, trustees, agents, 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 family members (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. Entries that are incomplete or contain inappropriate or offensive content as determined by Sponsor are void.
PRIZES/APPROXIMATE RETAIL VALUE: One (1) Winner will be randomly selected from the pool of qualified Entrants following the Sweepstakes Period to receive one (1) Life-Sized Klay Thompson Bobblehead (the “Prize”). Approximate Retail Value (ARV) of the Prize: $2,000.00
The odds of winning a prize are determined by the number of entrants to the Sweepstakes, but could reach approximately one in 5,000.
HOW TO ENTER: To enter, Entrants must complete and submit an entry form on www.warriors.com/klaybobblehead (the “Website”). During the Sweepstakes Period, visit the Website and follow the Sweepstakes entry instructions to complete and submit the entry form. Limit one (1) entry 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 entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted.
No hard-copy forms will be provided or accepted. Multiple entries on behalf of the same Entrant in contravention of the Official Rules, or entries generated by a script, macro or other automated means, will be disqualified. Incomplete entries or illegible entries are void. All entries for the Sweepstakes must be received within the Sweepstakes Period. Sponsor reserves the right to extend the Sweepstakes Period at any time.
WINNER SELECTION & NOTIFICATION: One (1) Entrant that properly completes all necessary steps, will be chosen by Sponsor or Administrator as a potential Prize winner (“Potential Winner”). Potential Winners will be selected on January 15, 2016. The Potential Winner will be contacted by email (“Prize Notification”) on or before January 18, 2016 and must redeem Prize within forty-eight (48) hours of such notification.
GENERAL PRIZE RESTRICTIONS/VERIFICATION: 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, including use of the Prize will be the sole responsibility of Winner. No transfer or substitution of the Prize is permitted, except by Sponsor who reserves 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 Sponsor. 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 Sweepstakes 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. Winner will be notified by e-mail and/or phone. Winner must complete, sign, and return an Affidavit of Eligibility/Liability & Publicity Release form. If Winner fails to complete, sign, and return the Affidavit of Eligibility/Liability & Publicity Release form within ten (10) days on notification attempt by Administrator, the Prize will be forfeited and an alternate Winner may be randomly selected by Administrator within ten (10) days.
PERSONAL INFORMATION: In order to participate in the Sweepstakes, Entrant will be required to supply certain information about themselves on the Sweepstakes entry pages. Administrator has specified which information is mandatory in order to participate in the Sweepstakes. Entrant’s information will be used for Sweepstakes purposes, and may be shared with other Sweepstakes Entities. Entrants may receive
PUBLICITY RELEASE: By accepting a Prize, Winner grants to Sponsor, Administrator, 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 Sponsor and their products, Web sites, the Event, and/or this Sweepstakes or succeeding Sweepstakes. 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 Official Entry Form, including Facebook “Like” and content. The rights granted under this paragraph shall extend to Sponsor and Administrator, and their respective affiliated companies, agencies or marketing partners with respect to all Entrants in the Sweepstakes.
CONDITIONS/RELEASE: By participating in the Sweepstakes, Entrant and Winner: (a) release, indemnify and hold harmless Sweepstakes Entities (“Released Parties”) 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 Released Parties 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, nor any service providers are responsible for late, lost or misdirected entries, or for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost or delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, 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 a prize or winner, or creation of any Sweepstakes-related materials.
By entering this Sweepstakes, Entrant and Winner agree to the following Statement: I expressly understand and waive Section 1542 of the Civil Code of California which provides substantially as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR."
Entrant and Winner expressly waive the provisions of this Section 1542 of the Civil Code of California.
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 SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. 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 Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves 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 www.warriors.com/klaybobblehead 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 Sponsor determines in their sole discretion. Entries not complying with all rules are subject to disqualification.
DISPUTES: Except where prohibited, Entrant and Winner agree that: (a) any and all disputes, claims and causes of action arising out of, or in connection with, the Sweepstakes or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Superior Court of California in Sacramento; (b) any and all claims, judgments and awards on behalf of Entrant or Winner 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 the Entrant or Winner be permitted to obtain awards for, and Entrant and Winner hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than 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 Sponsor or Administrator 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 Sweepstakes Entities shall not 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. Sweepstakes Entities hereby reserve 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 participation in the Sweepstakes 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 Sweepstakes Entity, whether taken pursuant hereto, prior to or after an Entrant’s or Winner’s participation in the Sweepstakes.
PUBLIC RECORDS ACT AND INFORMATION PRACTICES ACT OF 1977: ScholarShare is subject to the California Public Records Act (Government Code section 6250 et seq.) and the Information Practices Act of 1977. Entrant’s and Winner’s names and other information may be subject to disclosure to the public. Administrator will maintain records of the Sweepstakes for at least two (2) years. Entrant and Winner have the right of access to Sweepstakes records which may be obtained by contacting:
Warriors “Klay Thompson Life-Sized Bobblehead” Sweepstakes Winners, c/o Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94607.
WINNER/RULES: To receive a copy of Winner results or Official Rules, send a legal-size, self-addressed, stamped envelope to: Warriors “Klay Thompson Life-Sized Bobblehead” Sweepstakes Winners, c/o Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94607 by February 28, 2016.
The ScholarShare College Savings Plan is administered by the ScholarShare Investment Board. TIAA-CREF Tuition Financing, Inc. is the Plan Manager.