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Birdies Game Day Sweepstakes

Official Rules and Regulations (The “sweepstakes”)

 This Sweepstakes is intended for viewing and participation only by U.S. legal residents of one of the 50 United States, Washington D.C. Please do not enter if you are not a legal resident of, and not located in, the 50 United States, or Washington D.C. at time of entry.  VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. VIRGIN ISLANDS AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.

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

1. SWEEPSTAKES PERIOD:  Submissions will be accepted starting August 14, 2022 at 10:00 A.M Pacific Time (“PT”) and ending September 25, 2022 at 11:59:59 P.M. Pacific Time (“PT”) (the "sweepstakes submission period")
2. ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States (excluding residents of Florida, New York and Rhode Island), or the District of Columbia.  Residents of Florida, New York, Rhode Island, Puerto Rico, the U.S. Virgin Islands and all other U.S. territories and possessions are not eligible to participate. All entrants must be 18 years of age or age of majority, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after July 29, 2022, was or is a director, officer, agent, representative, or employee of Birdies, Inc. (the “Sponsor”), Lupine Creative, LLC (“Administrator”), or their respective parents, affiliates, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively, the “Sweepstakes Entities”), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son, dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Sweepstakes Submission Period, whether related or not) as any person in any of the preceding categories. This Sweepstakes is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited.
3A. HOW TO ENTER
  1. ENTRY METHOD: Guests of any ACFC home game taking place at Banc of California Stadium between July 29, 2022 and ending September 25, 2022 can share images or videos on social media for a chance to win (1) of (3) grand prizes. Social media post must include use of tag ‘@Birdies’ in order to be counted as a valid entry. ONLY ONE ENTRY PER PERSON AND/OR VALID SOCIAL MEDIA PROFILE IS PERMITTED. SHARING MULTIPLE IMAGES OR VIDEOS IN A SINGLE OR SEPARATE POSTS WILL NOT INCREASE CHANCES OF WINNING.
3B. ALTERNATE METHOD OF ENTRY: Enter by mailing an envelope containing your full name, a valid email address, and your date of birth to: ‘BIRDIES GAME DAY SWEEPSTAKES C/O LUPINE CREATIVE’, 126 N LA BREA AVE, LOS ANGELES, CA 90036. Envelopes received without first name, last name, birthdate and email address will not be accepted.  All mail-in entries must be postmarked no later than September 14th, 2022, and received no later than September 25th, 2022.
3C. ENTRY RESTRICTIONS: Regardless of entry method, only one (1) entry per person and / or valid email address will be accepted. All online entries must be received no later than 11:59:59 PM PT on September 25th, 2022. Subsequent attempts made by the same individual to enter by using multiple email addresses or otherwise will be disqualified. Mass entries, or entries generated by a script, macro or use of automated devices will be disqualified.
Entries that are not compliant with these Official Rules are subject to disqualification, at the sole and absolute discretion of the Sponsor.
4. INTELLECTUAL PROPERTY: Entrants, upon submission of their Submission to the Sweepstakes, hereby irrevocably grant to Sweepstakes Entities, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of a prize to a Winner in this Sweepstakes. Entrants agree that during the Sweepstakes Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sweepstakes Entities desires, entrants can assign all rights in and to Submissions if selected as a Winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sweepstakes Entities granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sweepstakes Entities will have the right to use the Submissions submitted as part of the Sweepstakes, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Sweepstakes. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a Winner, Sweepstakes Entities may request that the entrant’s Submission, and any rights therein, be assigned to Sweepstakes Entities and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sweepstakes Entities ) or such entrant will otherwise be disqualified from receiving their prize(s). Entrants must maintain the ability to assign all such rights to Sweepstakes Entities free of any limitations, restrictions or third party obligations. Entrants agree that Sweepstakes Entities shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree not to issue any publicity concerning Sweepstakes Entities. Entrants agree that Sweepstakes Entities, nor its agents, shall be responsible for return or preservation of the Submissions submitted.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sweepstakes Entities and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sweepstakes Entities and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation
5. GRAND PRIZE REQUIREMENTS / RESTRICTIONS: Grand Prize is subject to the terms and conditions or right to negotiate with the Sweepstakes Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Sweepstakes Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sweepstakes Entities, whatsoever. Submissions are not confidential and the Sweepstakes Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sweepstakes Entities are final and binding in all matters relating to this Sweepstakes, including interpretation and application of these Official Rules. Each entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sweepstakes Entities and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sweepstakes Entities reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sweepstakes Entities the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes. 
6.  PRIZE: Two (2) Grand Prizes: Winners will receive a code redeemable for up to $165.00 off of a single order placed on ‘birdies.com’, select ACFC Merchandise, and a photo opportunity on the field at the Banc of California Stadium. CODE CARRIES NO CASH VALUE AND IS VALID FOR 30 DAYS FROM DATE OF ISSUE. ITEM(S) PURCHASED USING CODE ARE NOT ELIGIBLE FOR RETURN AND MAY ONLY BE EXCHANGED FOR ITEM(S) OF EQUAL OR LESSER VALUE.
Winner is not entitled to exchange or transfer prizes or to obtain cash or other substitutes, but Sponsor in its sole and absolute discretion may substitute prizes of equal or greater value.
7. CONSUMER DISCLOSURE / ODDS OF WINNING: Odds of winning any prize depend on the number of eligible entries received during the Promotion Period set forth in these Official Rules. Winner will not receive the difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. If Grand Prize winner is unable to redeem Grand Prize in a timely manner (within three (3) business days), Grand Prize winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize winner. Once the prize items are selected, they may not be substituted, except at the Sponsor’s sole and absolute discretion. All Prize elements must be redeemed at the same time.
8. WINNER NOTIFICATION: Potential Winner(s) will be notified via email or direct message between July 30, 2022 and September 30, 2022 with instructions on how to be confirmed as a winner and claim their prize. Potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility, W9 form, and, where lawful, publicity release, within the time period specified by Sponsor. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or Sponsor is unable to contact a Potential Winner within three (3) business days, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be awarded to an alternate Potential Winner. Potential Winner may be required to furnish proof of identification.
9. CONDITIONS OF ENTRY:
A. By submitting an Entry, entrants agree to indemnify and hold Sweepstakes Entities harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Sweepstakes Entities, or any of them, arising out of or in connection with the participation by the entrants in this Sweepstakes, any breach by the entrants of the foregoing warranties or agreements or the use, in whole or in part, by any Sweepstakes Entity of any Entry (or portion thereof) submitted by the entrants in this Sweepstakes.
 
B. By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Sweepstakes Entities, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes.  Entrants who have not complied with these Official Rules are subject to disqualification, at the sole and absolute discretion of the Sponsor, in which event all entries submitted by such disqualified entrant will be void.
C. The Sponsor reserves the right to disqualify any entrant’s registration in the Sweepstakes (and void all associated Entries) or entitlement to a prize, if, in the sole and absolute discretion of the Sponsor, the Sponsor determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means). 
D. If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
E. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor, Sweepstakes Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto.  Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the laws of the State of New Jersey consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS, INCLUDING WITHOUT LIMITATION LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMANDS OR ACTIONS OF ANY KIND (INCLUDING WITHOUT LIMITATION PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OR PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT) (COLLECTIVELY, “CLAIMS”), WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
10. The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the above of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of San Francisco.
11. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Sweepstakes at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Sweepstakes and, if canceled, at Sponsor’s discretion, to select a Winner from all eligible entries using the procedure outlined above. 
12. Sponsor and the Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Sponsor and the Sweepstakes Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical or otherwise, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes, the processing of registrations or entries, the uploading of submissions, the judging of entries, the tabulation of scores, the announcement of the prizes or in any other Sweepstakes-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's computer system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. 
13.  Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated Entries and/or scores will be void.
14. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
15. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
16. SPONSOR: This Sweepstakes is solely sponsored by Birdies Inc., 548 Market St PMB 23758 San Francisco, CA 94104.
17. ADMINISTRATOR: This Sweepstakes is being solely administered by Lupine Creative, LLC. 126 N La Brea Ave, Los Angeles, CA 90036.
18. WINNERS LIST: For the winner’s name, send a self-addressed postage stamped envelope to: “BIRDIES GAME DAY SWEEPSTAKES - Winners List Request” C/O LUPINE CREATIVE”, 126 N LA BREA AVE, LOS ANGELES, CA 90036, to be received by October 25, 2022. Winners list will be sent after all prizes have been awarded.
19. PERSONAL INFORMATION / PRIVACY: To see how we use personal information obtained in connection with this Sweepstakes, please visit https://birdies.com/pages/privacy-policy. Personal information may be collected, used or disclosed. Neither Sponsor nor Sweepstakes Entities will sell, share or otherwise disclose personal information of entrants with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.  If you are selected as a winner, your information may also be included in a publicly-available winner’s list.