TRIVIA TICKET GIVEAWAY SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

By participating in the Trivia Ticket Giveaway Sweepstakes, you agree to these rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the sponsor from you. These rules also require entrants to resolve any dispute through binding, individual arbitration and entrants waive the right to participate in a class-action lawsuit or class-wide arbitration.

ELIGIBILITY: Trivia Ticket Giveaway Sweepstakes (the “Sweepstakes”) is open to legal United States residents who live within a seventy-five (75) mile radius from PayPal Park, 1123 Coleman Avenue, San Jose, California (the “Territory”) who are at least eighteen (18) years of age and the legal age of majority in the jurisdiction in which they reside at the time of entry.  Employees, officers, and directors (including immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Earthquakes Soccer, LLC d/b/a The San Jose Earthquakes (“Club”), PayPal, Inc. (“PayPal”) (together, Club and PayPal are “Sponsor”), Major League Soccer, L.L.C. (“MLS”), and Soccer United Marketing, LLC (“SUM”) (Sponsor, MLS, and SUM are collectively the “MLS Entities”) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win a prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations.  Void outside Territory, and where prohibited or restricted by law, rule or regulation.

HOW TO ENTER: The Sweepstakes begins at the time that the Club’s official Instagram account, @sjearthquakes, publishes on its Instagram Story a post containing both a trivia question and a poll with a selection of possible answers (the “Post”). The Sweepstakes ends twenty-four (24) hours after the Post is published, when the Club’s Instagram story expires (“Entry Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes. During the Entry Period, there is one (1) way to enter. No other method(s) of entry will be accepted. Limit one (1) entry per person, per family, per e-mail address, or Instagram user account, as applicable and per household, regardless of method of entry. Multiple entries received from any person or family or e-mail address or Instagram user account or household in excess of the stated limitation will be void. All information and files submitted in the format specified will become property of Sponsor and used as provided in the MLS Terms of Use and Privacy Policy, each of which can be found by visiting https://www.mlssoccer.com/legal/terms-of-service and https://www.mlssoccer.com/legal/privacy-policy (both of which are incorporated herein by reference).

Instagram: To enter the Sweepstakes, you will need to be a registered user of Instagram. Registration is free and can be done by visiting http://instagram.com. By submitting your information and creating an Instagram account, you agree to the Instagram Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create an Instagram account, or participate in this Sweepstakes.  Additionally, to enter via Instagram, your “Private account” setting must be turned off, and your account must be “public” for the duration of the Sweepstakes Period.  In addition to meeting the eligibility requirements described above, including being a registered user of Instagram with a “public” account, to enter the Sweepstakes, you must also (i) “Follow” @sjearthquakes on Instagram, and (ii) answer the trivia question by choosing the correct answer from the options in the poll shared in the Post. If you enter on Instagram using your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details. Eligible participants who complete the above requirements within the Sweepstakes Period will receive one (1) entry into the Sweepstakes.    

Participating in the Sweepstakes constitutes your agreement to these Official Rules. Entrants understand that they are entering at their sole risk.  Sponsor is not responsible for any claims arising from an entry specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media site’s terms and conditions.

In the event of 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.  The MLS Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet 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 the entries in the Sweepstakes.  The MLS Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.  Entries that do not meet all of the above requirements will be disqualified.

Entries, including posts or comments must be responsive to the “call to action” message and must not be obscene or offensive; must not depict alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion.  Sponsor may, in its sole discretion, alter or remove any comment. Entries, including any posts or comments, must be suitable for presentation in a public forum, at the sole discretion of Sponsor. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Instagram.  Entries that are incomplete or generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void. Multiple entrants are not permitted to share the same Instagram account or email addresses. 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You are providing your information to Sponsor and not to Facebook or Instagram.  

RANDOM DRAWING: The potential winner(s) of the Sweepstakes (each a “Winner” and collectively, the “Winners”) will be selected by random drawing from among all eligible entrants within one (1) day after the end of the Sweepstakes Period. The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received during the Entry Period.

PRIZE(S): There Are A Total of twenty-five (25) Prizes (each, a “Prize”).  Each Prize consists of two (2) tickets to an upcoming San Jose Earthquakes match, specific date to be announced in each Post, at PayPal Park in San Jose, California.  Approximate Retail Value (“ARV”) of each Prize: $82.00. Total ARV of all Prizes: $2,050.00.  Transportation to/from stadium is not included and is the sole responsibility of Winner.  The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes).  All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging accommodations, any transportation costs, luggage fees, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner. All Prize details are at Sponsor’s sole discretion. Winner’s guest must be of legal age of majority in their jurisdictions of residence, unless accompanied by his/her parent or legal guardian or unless the child or legal ward of winner.

The Prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole and absolute discretion.  Sponsor reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. MLS game, event, and exhibition dates and times are determined in the sole discretion of MLS and/or the applicable MLS team, as applicable, and may be subject to change. Exact seat locations will be determined by Sponsor. The terms and conditions of the tickets awarded as prizes will govern in the event a game, event or exhibition, as defined by MLS, is not played due to weather, an Act of God, an act of terrorism, civil disturbance, work stoppage or any other reason.  Winner and his/her guest(s) agree to comply with all applicable stadium regulations in connection with the Prize.  Sponsor and the applicable MLS Entities reserve the right to remove or deny entry to Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any game, event or exhibition.  Released Parties (as defined below) will not be responsible for weather, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other event that may cause the cancellation or postponement of any MLS game, event or exhibition.

WINNER NOTIFICATION: The Potential Winner will be notified by direct message on Instagram by the Sponsor.  In the event that any potential Winner does not respond to any such notification within twelve (12) hours of the time of contact, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential Winner may be chosen from among all remaining eligible entries. The Winner may be required to submit his/her valid social security number (if applicable) and/or other identification to Sponsor and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Release of Publicity, within five (5) days of date of issuance.  A disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate Winner may be randomly selected from among all remaining eligible entries if all required documents are not properly executed and returned within the specified period of time.  Refusal or return of such documents as non-deliverable or Winner’s noncompliance with these Official Rules will also result in disqualification and forfeiture of the Prize and, at Sponsor’s sole discretion and time permitting, may cause an alternate Winner to be selected from among all remaining eligible entries.

WAIVER OF LIABILITY/PUBLICITY RELEASE:  By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, the MLS Entities, Facebook, Instagram and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize  or any travel or activity related to the receipt or use of any Prize. The Winner, by acceptance of Prize, grants to Sponsor, the MLS Entities and each of their respective designees the right to publicize such Winner’s name, address (city and state  of residence), photograph, voice and/or other likeness and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.

GENERAL CONDITIONS:  Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, through e-mail or mail.  Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified.  Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. 

The Sweepstakes is designed to increase consumer awareness of and interest in MLS. This Sweepstakes may not be used for any form of gambling.  In the event that the Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Sweepstakes, or to disqualify Participants residing in the affected geographic areas. In such event, Released Parties shall have no liability to any Participants who are disqualified due to such an action.

Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, the MLS Entities and/or their respective agents.  Sponsor and the MLS Entities shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion.  Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty.  All disputes will be resolved under applicable U.S. laws in the County of New York, state of New York without giving effect to choice of law or conflicted law principles (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.  Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.

The Sponsor and the MLS Entities, as applicable, reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes.  In the event of cancellation, Sponsor may elect to identify the Winner[s] and award the Prize from among all non-suspect, eligible entries received up to the time of such cancellation.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND MLS WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND THE MLS ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

All online entries must include a valid e-mail address or social media account for the entrant.  If only one entry per person is permitted, in case of multiple entries received from any person or e-mail address, social media account, or household, only the first entry received from such person, e-mail address, social media account, or household will be considered.  In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address or social media account, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address or social media account submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address or social media account for the domain associated with the submitted e-mail address or social media account. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

AGREEMENT TO ARBITRATE: Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that the claimant may assert claims in small claims court, if the claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF: Entrant and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

WINNERS’ LIST:  For the name of the winner (available after two (2) weeks from the end of the relevant Entry Period), mail a self-addressed stamped envelope to Trivia Ticket Giveaway Sweepstakes Winners’ List ,1123 Coleman Ave., San Jose, CA 95110.  Winners’ name requests must be received by December 1, 2024. A copy of these Official Rules is available during the Sweepstakes Period at  https://www.sjearthquakes.com/paypal50thanniversarytrivia.

SPONSOR: The Sponsor of this Sweepstakes is the San Jose Earthquakes, PayPal Park, 1123 Coleman Ave., San Jose, CA 95110, and PayPal, Inc., 2211 N First St., San Jose, CA 95131.