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 ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Quakes Audi Q4 40 E-Tron Giveaway (“Sweepstakes”) is open only to legal residents of California and Nevada who are at least eighteen (18) years of age or the legal age of majority in the jurisdiction in which they reside, whichever is older, at the time of entry. The following are not eligible to participate in the Sweepstakes or win a prize: Employees, officers, and directors, and each of their immediate family members (parents, children, siblings or spouse, regardless of where any of the foregoing reside) and/or members of the same household (whether related or not), of (i) Earthquakes Soccer LLC (the “Sponsor”), Audi AG ("Audi AG"), any Audi dealership (each, a "Dealership"), Major League Soccer, L.L.C. (“MLS”), and Soccer United Marketing, LLC (“SUM”) (collectively the “Sweepstakes Entities”); and (ii) each of the Sweepstakes Entities' respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies.
HOW TO ENTER: The Sweepstakes begins at 1 p.m. PT on July 5, 2023 and ends at 11:59 p.m. PT on July 19, 2023 (“Entry Period”). During the Entry Period, there are two ways to enter, described below. A properly submitted entry will qualify as one (1) entry (an "Entry").
(1) By the end of the Entry Period, make at least your first payment in your payment plan towards your 2024 Quakes Season Tickets . If you’re a current Season Ticket holder, to make your payment, visit Account Manager where you can log in and make your first payment early for your 2024 Season Tickets. (in the amount set forth at checkout). Any payment less than the first full payment in your payment plan will not qualify you to enter the Sweepstakes. If you’re a new Season Ticket holder, purchase your 2024 Season Ticket here. Must be at least first payment of a 4 month 2024 payment plan.
(2) To enter without purchasing 2024 Quakes Seasons Tickets, hand-print your name, mailing address including city, state, and ZIP code, email address, and Sweepstakes name on a 3.5" x 5" card, and mail, in a #10 envelope with postage affixed, to: QUAKES AUDI Q4 40 E-TRON GIVEAWAY, PayPal Park, 1123 Coleman Ave, San Jose, CA 95110. Limit one (1) entry per envelope. Mail-in Entries must be postmarked no later than the end of the Entry Period. Mail-in Entries will not be returned.
Limit one (1) Entry per person, regardless of method of entry. Multiple entries received in excess of the stated limitation will be void. Proof of submission is not considered proof of delivery to or receipt of any Entry.
Sponsor is not responsible for (1) lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, postage due, late delivered, technically corrupted or garbled Entries, comments, posts, or messages, which will be disqualified; or (2) incorrect or inaccurate entry information whether caused by Internet or mobile users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of entries and/or in connection with an Entry. Only fully completed and compliant Entries are eligible.
Sponsor is not responsible for any claims arising from the Entries, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media platform’s terms and conditions.
Sponsor reserves the right, in its sole discretion, to disqualify any Entry it deems to be inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules including but not limited to any entry that: (i) communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate or otherwise contains content which Sponsor in its sole discretion decides is inappropriate or objectionable; and/or; (ii) violates any law, rule or regulation.
RANDOM DRAWING; ODDS: On or about August 1, 2023 (“Drawing Date”), one (1) potential winner will be selected by random drawing from among all eligible entries received. Odds of winning depend on the total number of eligible entries received.
PRIZE: One potential winner will be selected to win a 24-month, 10,000 mile/year lease on a 2023 Audi E-Tron Q4 (the "Prize" or the "Vehicle"). The Prize only includes the monthly payments associated with the lease (see more details on Prize restrictions below). All other fees and costs are the sole responsibility of the winner. The potential winner will be declared the official winner of the Sweepstakes (the "Winner") if s/he (i) is verified as eligible to participate in this Sweepstakes; (ii) qualifies for the lease and agrees to, completes and/or complies with all restrictions related to the Prize (as described in the "Prize Restrictions" section below), including but not limited to completing all transactions related to the Prize by the Due Date (defined below); and (iii) complies with these Official Rules. The Approximate Retail Value of the Prize is $16,000 USD (if Winner resides in California) or $17,600 (if Winner resides in Nevada).
PRIZE RESTRICTIONS: THE PRIZE IS subject to ALL OF THE following RESTRICTIONS AND TERMS AND CONDITIONS:
● As a first step, the potential winner must first return to Sponsor the Prize Claim Documents (as described more fully in the "Winner Notification" section below). Once the Prize Claim Documents have been received and verified by Sponsor, Sponsor will introduce potential winner to Dealership, at which point Sponsor will have no more involvement with the Prize or this Sweepstakes. If potential winner resides in California, the Dealership will be Audi Stevens Creek in San Jose, CA. If potential winner resides in Nevada, the Dealership will be at a location in Nevada, exact location to be determined in sole discretion of Sponsor and Audi.
● After completion of the first step, the potential winner must complete, AGREE TO AND/OR COMPLY WITH ALL of the following NO LATER THAN THIRTY (30) DAYS FROM THE DATE OF PRIZE NOTIFICATION ("Due Date"):
○ Visit the Dealership on a date mutually agreed upon with the Dealership, but no later than the Due Date. IF WINNER RESIDES IN CALIFORNIA, WINNER must VISIT DEALERSHIP at Audi Stevens Creek in San Jose, California. IF WINNER RESIDES IN NEVADA, WINNER MUST VISIT A DEALERSHIP IN NEVADA, TO BE determined BY SPONSOR AND AUDI IN THEIR SOLE DISCRETION. NO COSTS OF TRAVEL, EXPENSES AND/OR ACCOMMODATIONS RELATED TO TRAVEL TO AND FROM THE DEALERSHIP ARE INCLUDED AS PART OF THE PRIZE. ALL TRAVEL COSTS AND EXPENSES ARE THE SOLE RESPONSIBILITY OF WINNER.
○ Be approved based on Tier 1 credit through Audi Financial Services.
○ Agree to all terms of the lease, which includes a $.25 per mile penalty (or another amount as determined by the Dealership or Audi) in excess of 10,000 miles per year and fees associated with all vehicle wear and tear. POTENTIAL WINNER ACKNOWLEDGES AND AGREES THAT THE TERMS OF THE LEASE ASSOCIATED WITH THE VEHICLE ARE IN THE SOLE CONTROL OF THE DEALERSHIP AND MAY DIFFER FROM TERMS SET FORTH IN THESE OFFICIAL RULES. THE TERMS OF THE LEASE MUST BE AGREED TO IN ORDER TO CLAIM THE PRIZE.
○ Provide proof of a valid driver's license and legally-required automobile insurance covering the vehicle in order to claim the vehicle. See Exhibit A for example of required insurance, which is subject to change in Dealership's sole discretion.
○ Winner will be solely responsible:
■ For payment of all associated transaction fees, registration fees, taxes and any other fees associated with the transaction, the Prize (including but not limited to the associated lease) and the Prize value (including but not limited to fees associated with charging the Vehicle) except as otherwise explicitly set forth in these Official Rules;
■ For any required maintenance or repairs of the Vehicle subsequent to claiming the Vehicle.
● Dealership will determine in its sole discretion all features of the Vehicle, including but not limited to the color and features of the Vehicle.
● Any potential winner acknowledges and agrees that the Sweepstakes Entities have no duties or obligations related to the Prize except as otherwise expressly set forth in these Official Rules.
● Any potential winner acknowledges and agrees that the Sweepstakes Entities make warranties, guarantees or other promises as to the mechanics or condition of the Vehicle.
● Prize is non-transferable.
● No prize substitutions or cash redemptions by Winner.
● In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value.
WINNER NOTIFICATION: The potential winner will be notified by e-mail or phone by the Sponsor on or around the Drawing Date, and the potential Winner must respond within five (5) days of the issuance of such notification. The potential Winner will be required to execute, and return the following to Sponsor: (1) an Affidavit of Eligibility and Release of Liability, unless prohibited by law; and (2) unless prohibited by law, Release of Publicity, within five (5) days of date of issuance (all of the foregoing collectively, the “Prize Claim Documents”).
If potential winner(s) cannot be reached within five (5) days of Sponsor’s initial attempt to contact winner, if the Prize notification is returned as undeliverable, if potential winner is determined by Sponsor to be ineligible, if potential winner does not return the Prize Claim Documents in a timely manner (not to exceed three (3) days from date of receipt), if potential winner does not comply with these Official Rules in any way, or if the potential winner does not agree to or otherwise cannot or does not complete or the comply with the restrictions associated with the Prize , then the potential winner forfeits the Prize, and Sponsor may select an alternate potential winner by random drawing from among all remaining eligible Entries. If applicable, there will be two 2) alternate drawings , after which the Prize will remain unawarded if not fulfilled. Upon prize forfeiture by any potential winner, no compensation will be given. Decisions of Sponsor regarding Prize eligibility and determination are final. All potential winners are subject to verification by Sponsor.
TAXES: Winners are fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with the acceptance of and/or use of any Prize that are not specified herein as being provided are the sole responsibility of the Winner. All Prize details are at Sponsor’s sole discretion. Winner may be issued an IRS 1099 form for prizes over $600.00. The difference in value of a prize as stated herein and the value at time of prize notification, if any, will not be awarded.
PUBLICITY: By entering the Sweepstakes, entrant grants the Sweepstakes Entities the right to publish, distribute, or publicize all or part of their Entry, including but not limited to entrant’s name, likeness, in whole or in part, for advertising, promotional and trade or other purposes in perpetuity, without permission and without further compensation, except where prohibited by law.
WAIVER OF LIABILITY: By entering the Sweepstakes, each entrant agrees to waive any and all claims or causes of action against, covenants not to sue and agrees to hold harmless the Sweepstakes Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, any and all other companies associated with the Sweepstakes (including but not limited to Twitter, Instagram and Facebook), and each of the foregoing's respective officers, directors, employees, agents and representatives (all of the foregoing, including but not limited to Sweepstakes Entities, collectively, “Released Entities”) from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, monetary loss, personal injury and/or death, which may occur in connection with (i) preparation for, travel to, or participation in the Sweepstakes or any activity related to the Sweepstakes; (ii) possession, acceptance and/or use or misuse of any prize; and/or (iii) claims based on publicity rights, defamation or invasion of privacy and/or merchandise delivery.
The Released Entities are not responsible if Sweepstakes cannot take place or if a Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, pandemic, weather, acts of terrorism or other unforeseeable events. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.
ADDITIONAL TERMS: In the event more prizes are claimed than are intended to be awarded, Sponsor reserves the right, as applicable, to award the stated number of prizes in a random drawing from among all valid prize claims received. In no event will Sponsor be liable, including but not limited to malfunction in the technical operation of the Sweepstakes and the award of prizes, for more than the stated number of prizes listed in these Official Rules.
In case of dispute as to the identity of any entrant, Entry will be declared made by the authorized account holder of the email address submitted at time of entry or the Social Media account used to enter the Sweepstakes (as applicable). “Authorized Account Holder” is defined as the natural person who is assigned an email address or, if applicable, Social Media account by an Internet access provider, online service provider, Social Media site, or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or the domain associated with the email address used to register the Social Media account associated with the Entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or Social Media account associated with the winning Entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should it (in its sole discretion) determine that virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner(s) from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Failure to enforce any aspect of the Official Rules against any particular Entry, Entrant, potential winner or winner is not a waiver of enforcing the Official Rules against others.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM/ENTITY ON WHICH IT MAY APPEAR, INCLUDING BUT NOT LIMITED TO, FACEBOOK, TWITTER, INSTAGRAM, YOUTUBE, ETC. (COLLECTIVELY, “SOCIAL MEDIA”).
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: THE RELEASED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ENTRANT'S OR WINNER’S PARTICIPATION IN THE SWEEPSTAKES OR THE PRIZE.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ENTRANT'S ACCESS TO AND/OR PARTICIPATION IN THIS SWEEPSTAKES.
IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS INAPPLICABLE, IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10.
ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RELEASED ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE WINNER ASSUMES ALL RISK ASSOCIATED WITH USE AND/OR MISUSE OF THE PRIZE.
NOTWITHSTANDING ANY OF THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES; GOVERNING LAW: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be resolved on an individual basis, and shall not be consolidated with any claim or controversy of another party, resolved under applicable U.S. laws in the County of Santa Clara, state of California without giving effect to choice of law or conflicted law principles (whether of the state of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California.
WINNERS’ LIST: For a list of Winners mail a self-addressed stamped envelope to: Quakes Audi Q4 40 e-Tron Giveaway Winners’ List , San Jose Earthquakes, 1123 Coleman Avenue, San Jose, CA 95110. Requests must be received by Aug 19, 2023.
SPONSOR: The Sponsor of this Sweepstakes is Earthquakes Soccer LLC, PayPal Park, 1123 Coleman Avenue, San Jose, CA 95110
Exhibit A: Insurance Requirements