Snowflake Soiree Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Sweepstakes. 2019 San Francisco Ballet’s Nutcracker 75th Anniversary Sweepstakes: Win a pair (2) of tickets to the Snowflake Soiree on Wednesday, Dec 18, 2019 (the “Sweepstakes”). Please note that tickets to that evening’s performance of Nutcracker are not included in this giveaway.
  2. Sponsor. San Francisco Ballet Association (“SF Ballet”), Chris Hellman Center for Dance, 455 Franklin Street, San Francisco, CA 94102, U.S.A.
  3. Sweepstakes Period. The Sweepstakes begins on Tuesday, November 19, 2019 and ends at midnight (PST) Thursday, November 21, 2019 (the “Sweepstakes Period”).
  4. Eligibility. Employees, partners, officers, and directors of SF Ballet are not eligible to enter the Sweepstakes or win a prize. Entries must be submitted before midnight (PST) on November 21, 2019 to be eligible. Winners of previous Nutcracker 75th anniversary contests are not eligible. Winners must be age 21 or older.
  5. Entry. Entrants may enter the Sweepstakes through an online social media submission by posting about their favorite festive holiday beverage on Facebook, Twitter, or Instagram, tagging @sfballet, and including the hashtag #Nutcracker75. Entries must be submitted before midnight (PST) on November 21, 2019 to be eligible. 
  6. Limit: No more than four (4) entries per person. All Entries received during the Sweepstakes Period will have an equal chance of winning. No purchase of a membership or otherwise is necessary to enter or win and will not increase your chances of winning.
  7. Submission of an Entry constitutes agreement to be bound by the terms of these Official Rules and the decisions of SF Ballet, whose decisions are final and binding in all matters relating to the Sweepstakes. Entrants must meet eligibility criteria, and accurately complete and successfully submit an Entry in order to be eligible for prize drawing. All required information must be completed in full to be considered. Any attempted form of entry other than as described herein is void. Released Parties (as defined below) assume no responsibility for Email or Mail-in Entries that are lost, stolen, late, misdirected, undelivered, garbled, damaged, incomplete, illegible, incorrect, inaccurate, or postage-due; or for any other error of any kind, whether computer, technical, printing, typographical, human, or other, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the announcement of the Prize, the processing of entries or in any Sweepstakes-related materials. Entries that are incomplete, illegible or corrupted are void and will not be accepted. The use of automated devices or any other devices intended to automate or subvert any aspect of participation to enter is prohibited.
  8. Prize and Odds. One (1) prize (“Prize”) of two tickets to the Snowflake Soiree on Wednesday, December 18, 2019. THE ODDS OF WINNING THE PRIZE DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.
  9. Selection of Winner. On November 22, 2019 (the “Drawing Date”), the SF Ballet Senior Manager, Content & Editorial shall conduct a random drawing from among all eligible Entries received during the Sweepstakes Period to select one (1) Potential Winner of the Sweepstakes. Subject to acceptance of the Prize, verification of eligibility, and compliance with these Official Rules, the Potential Winner will be declared the official Winner of the Sweepstakes. SF Ballet reserves the right to modify prize award procedures. 
  10. Winner Notification. SF Ballet shall make at least one (1) attempt to contact the Potential Winner via the social media address, email address, or phone number provided with the Entry. SF Ballet will inform the Potential Winner that they have been awarded the Prize in connection with the Sweepstakes, along with instructions for claiming the Prize, provided that the Potential Winner is able to receive messages. The Potential Winner must reply to the call or email within five (5) business days to either accept or decline the Prize. If SF Ballet or its designated representative is unable to contact the Potential Winner or does not receive a return call or email response from the Potential Winner within five (5) business days, the Prize will be forfeited and, at SF Ballet’s sole discretion, may be awarded to an alternate Potential Winner randomly drawn from among the remaining eligible Entries.
  11. Additional Prize Restrictions. All costs and expenses relating to acceptance of the Prize that are not specified herein as being provided, including, but not limited to, lodging, transportation, parking, meals, beverages, taxes and gratuities, are the responsibility of the Winner and Guest. Terms and conditions of Prize will be furnished with prize notification. Each Winner and Guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of the Prize and/or ejection from the venue. The right to receive a Prize is non-assignable, non-transferable and there will be no prize substitution or cash equivalent given for any Prize, except SF Ballet reserves the right to substitute a prize (or any portion thereof) with one of equal or greater value, at their sole discretion. It is expressly understood that SF Ballet is under no obligation to any Winner or Potential Winner other than as expressly set forth herein. Released Parties (as defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage, or any other natural disaster outside their control, or for any injury, illness, mental or physical disability, family emergency, or professional commitment that may cause the cancellation or postponement of the Prize. SF Ballet cannot accurately predict the number of Entrants who will participate in the Sweepstakes and SF Ballet reserves the right to not choose Winners if SF Ballet does not receive a sufficient number of eligible Entries. Released Parties: (i) make no warranty, guaranty, or representation of any kind concerning each Prize; and (ii) disclaim any implied warranty. The Prize is awarded “as is” and without warranty of any kind, express or implied, by SF Ballet. The Winner is solely responsible for all federal, state and local taxes and fees associated with acceptance of the Prize. Should federal, state or local law impose any tax reporting or filing obligations on SF Ballet arising out of a Winner’s participation in the Sweepstakes (including Winner’s receipt of and/or use of any Prize), the Winner agrees to timely provide SF Ballet with any information that is reasonably needed for SF Ballet to comply with any such reporting or filing obligations.
  12. Agreement to Official Rules, Release, Indemnification, and Limitation of Liability. By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of SF Ballet, which are final and binding. Furthermore, each Entrant agrees to release, indemnify, defend, and hold harmless SF Ballet, and any parent companies, subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies, and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively, the “Released Parties”) from and against any and all lawsuits, judgments, losses, damages, claims, actions, costs, and expenses (including, without limitation, reasonable attorneys’ fees) and any liability of any kind resulting from, arising from, or related to 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 the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof), including, without limitation, any personal injury, death or damage to persons or property. 

THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO ENTRANT OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, AND/OR ACCEPTANCE OF ANY PRIZE OR USE OF THE PRIZE. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT EXPRESSLY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR ENTRANT’S PARTICIPATION AND AGREES THAT PARTICIPATION IS SOLELY AT ENTRANT’S OWN RISK.

The Released Parties are not responsible for computer, printing, typographical, human, or other errors, including, without limitation, errors which may occur in the administration of the Sweepstakes, the announcement of the prize, the processing of entries or in any Sweepstakes-related materials; or for Entries that are lost, stolen, late, misdirected, damaged, incomplete, illegible, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, paper transfer, human or other error. Any Entries found suspect will be deemed void.

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SF BALLET WILL DISQUALIFY ANY SUCH ENTRANT, AND SF BALLET RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

If, in SF Ballet’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, SF Ballet reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and or void any Entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the Prize using all eligible Entries received as of the termination date. As a condition of entering the Sweepstakes, Entrants agree that: (a) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special, exemplary, consequential, or any other damages; (b) all 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 (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.

  1. Winner List: The Winner’s name will be available through SF Ballet’s social media channels once the final eligible winner has been determined.
  2. Taxes. The Winner is responsible for taxes and fees associated with Prize receipt and/or use, including applicable state and federal income taxes. Sponsor is not responsible for any such taxes and/or fees.
  3. Questions. If you have any questions regarding this Sweepstakes, send an email to csims@sfballet.org with the phrase “Nutcracker 75th Anniversary Sweepstakes” written in the subject line of the email.
  4. Privacy Policy. Entries submitted to the Sweepstakes will be collected by the SF Ballet.
  5. Choice of Law and Disputes. This Sweepstakes will be governed by, construed and interpreted in accordance with the laws of the State of California, U.S.A. without reference to the applicable choice of law provisions. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought by an Entrant in his or her individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in San Francisco, California or another forum mutually agreed upon by the Entrant and Sponsor, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of participant and Sponsor and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Sponsor may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. Participant agrees that Sponsor is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Official Rules pending a final arbitral decision. 

Header Image: San Francisco Ballet in Tomasson’s Nutcracker // © Erik Tomasson

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