NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Star Trek Movie Night "Ultimate Trekkie" Contest ("Contest") is sponsored by Esurance Inc., 650 Davis St., San Francisco, California 94111-1922 ("Esurance" or "Sponsor"), and is open only to legal residents of the state of California who are at least eighteen (18) years of age at the time of entry. Officers, directors and employees of Sponsor, Paramount Pictures Corporation ("Paramount"), San Francisco Baseball Associates L.P. ("SFBA"), the Giants, the Dodgers, Major League Baseball, and each of their parents, subsidiaries, affiliated companies, advertising agencies and promotional partners (all such individuals and entities referred to collectively as the "Promotion Entities"), and relatives of and those living in the same household (whether or not related) as any such person are not eligible (for the purpose of this Contest, "relatives" are defined as spouse, parent, in-laws, grandparent, sibling, children and grandchildren). ). Paramount is not responsible for the collection, submission or processing of entries, the administration of the Contest or the selection of winners.
2. AGREEMENT TO OFFICIAL RULES: By participating in the Contest, you fully and unconditionally agree to these Official Rules and the decisions of Sponsor which is final and binding in all matters related to the Contest. Whether a potential Finalist or Top Three Winner receives any applicable Game Tickets and/or Prize is contingent upon fulfilling all requirements set forth herein.
3. CONTEST ENTRY PERIOD: The "Contest Entry Period" begins at 5:15 pm Pacific Time ("PT"), and ends at 6:25 pm PT, on April 27, 2009.
4. HOW TO ENTER AND PARTICIPATE: You (the "Entrant") may enter and participate in the Contest only in the following ways:
You may enter and participate in the Contest by attending the Pre-Game Event dressed up as a character from a "Star Trek" movie or television series (your "Star Trek Costume") and permitting a Judge (as defined below) to evaluate such Costume at the Pre-Game Event during the Contest Entry Period. The "Pre-Game Event" is that certain event which will be held at Scoreboard Plaza inside AT&T Park in San Francisco ("AT&T Park") during the Contest Entry Period. In order to be admitted to the Pre-Game Event, you must purchase a "Star Trek Movie Night Ticket" while supplies last, on the San Francisco Giants' (the "Giants") website located at www.sfgiants.com/specialevents, or http://purchase.tickets.com/buy/MLBEventInfo?pid=6428841&agency=MLBTGS2GNTS, or by calling 415-972-2298. In addition to the Pre-Game Event, a Star Trek Movie Night Ticket will entitle its holder to admission to the Giants/Dodgers Game; a Star Trek "Live Long & Prosper" foam finger; and a complimentary beverage voucher.
If you don't purchase a Star Trek Movie Night Ticket, you may also enter and participate in the Contest by visiting the Esurance display booth located at Willie Mays Plaza outside of AT&T Park during the Contest Entry Period (the "Booth") while wearing your Star Trek Costume, and permitting a Judge to evaluate your Costume at the Booth during the Contest Entry Period.
You may only enter and participate in the Contest during the Contest Entry Period, as set forth above. Maximum of one (1) entry per person during the Contest Entry Period.
5. STAR TREK COSTUMES: Star Trek Costumes must, in Sponsor's sole discretion, meet the following criteria, or else they will be disqualified: (i) except for Esurance branding, Star Trek Costumes must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, artwork or political, personal, or religious statements; and (ii) Star Trek Costumes may not contain any elements which Sponsor determines, in its sole discretion to be profane, obscene, pornographic, hateful, indecent, or injurious to any individual, Sponsor, or any third party.
6. SELECTION AND NOTIFICATION OF FINALISTS AND TOP THREE WINNERS: One (1) or more Sponsor and/or Paramount representatives, chosen in Sponsor's sole discretion (each a "Judge" and, collectively, "the Judges"), shall select six (6) finalists ("Finalists") from among the Contest participants by evaluating such participants' Star Trek Costumes based on the following criteria: authenticity and adherence to Star Trek theme - how much does your Star Trek Costume look like the real thing?; costume quality - how well executed is your look?; and originality/creativity - how unique were your ideas (in terms of execution, character selection, or any other similar criteria) when compared with other contestants? (the "Criteria"). Finalists will be notified in-person by a Judge at either the Booth or the Pre-Game Event (as applicable, depending on the location each such Finalist entered the Contest) at the conclusion of the Contest Entry Period. Entrants must be present at the Booth or Pre-Game Event, as applicable, to be selected as a Finalist. If, at the conclusion of the Contest Entry Period, a Judge reasonably attempts (as determined by Sponsor in Sponsor's sole discretion) but is unable to locate a potential Finalist at the Booth or Pre-Game Event (as applicable, depending on location of Contest entry and participation), the Judge may, in his/her sole discretion, select an alternate Finalist based on the Criteria. Finalists will be required to complete and submit registration forms ("Registration Forms") with their name, address, email address, and other information as requested on the Form. The Finalists with the highest, second highest, and third highest scores, based on the Criteria, shall be named the "Grand Prize Winner", "First Runner Up" and "Second Runner Up" (the "Top Three Winners"), respectively. In the event of a tie, the tie will be broken by the Star Trek Costume with the higher score in the authenticity and adherence to theme category. If there is still a tie, the tie will be broken by the entry with the higher score in the costume quality category. Finalists will be announced during an "On-Field Ceremony" during which each of the Finalists shall be escorted, while wearing their Star Trek Costumes, onto the field at AT&T Park approximately forty (40) minutes before the Giants/Dodgers Game, where the Finalists' names shall be announced over the public address system. Any Finalist who is unwilling, unable, or otherwise unavailable to attend the On-Field Ceremony may, in Sponsor's sole discretion, be disqualified and an alternate Finalist selected based on the Criteria.
Except where prohibited, Sponsor requires each Finalist to execute and return an Affidavit of Eligibility and Liability, and (where imposing such condition is legal) a Publicity Release (collectively referred to as the "Affidavit") within a time period determined by Sponsor, or the prize may be forfeited and alternate Finalists may be selected at Sponsor's sole discretion. It is each Entrant's sole responsibility to provide a valid, current e-mail address. If any prize notification or Contest communication is rejected or returned as undeliverable, if a potential Finalist cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), or if a potential Finalist fails to respond to a prize winner notification and/or to sign and return the Affidavit within the time periods set forth herein, such Finalist may be disqualified and an alternate Finalist may be selected according to the Criteria set forth above.
If a Finalist does not already have a ticket to the Giants/Dodgers Game, the Finalist will receive two (2) view reserve tickets to the Giants/Dodgers Game (the "Game Tickets") to facilitate entry into AT&T Park for the On-Field Ceremony.
Runner Up Prizes: The First Runner Up and Second Runner Up, subject to verification, shall each receive two (2) passes to the San Francisco screening (the "Screening") of Paramount's new movie, "Star Trek" (the "Star Trek Movie"), (the "Runner Up Prize").The Screening must take place on a date (the "Movie Date") designated by Paramount (but which is currently expected to be on or about May 8, 2009) or on such alternate date as may be set by Paramount. If prize winner cannot attend the Screening on the date and at the time selected by Paramount, the Screening may be forfeited in its entirety. Any and all elements of the Screening will be selected and furnished by (and in the sole discretion of) Paramount. Total ARV of both First Runner Up and Second Runner Up prizes: $80.
Grand Prize: The Grand Prize Winner, subject to verification, will receive a year long family membership (for 4) to the Exploratorium museum in San Francisco, California, and a "night on the town" in San Francisco, California for him/herself and three (3) guests (the "Grand Prize," and, collectively with the Runner Up Prize, the "Prizes" and each a "Prize"). The night on the town portion of the Grand Prize shall consist of the following: dinner for four (4) at the Heaven's Dog restaurant in San Francisco; four (4) passes to the Screening; and limousine transportation for four (4) between a pick-up location of Sponsor's choice in or around San Francisco, California (the "Point of Origin"), the restaurant, and the Screening. Approximate retail value of the Grand Prize: $915. The night on the town portion of the Grand Prize (i.e., the limousine transportation, dinner, and Screening passes) must be redeemed on the Movie Date (which is subject to change at Paramount's sole discretion) or, if the Screening does not or cannot take place, on a Sponsor-selected date.
Nothing set forth herein shall be construed to require Paramount to hold a screening of the Star Trek Movie at any particular time, or at all. In the event that the Star Trek Movie screening listed in the prize descriptions above does not or cannot take place as scheduled or at all, for reasons including, but not limited to, scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then in lieu of attending the Screening, the Top Three Winners will receive the remaining components, if any, of the Prizes, on a Sponsor-selected date, which shall constitute full satisfaction of Sponsor's prize obligation to the Top Three Winners, and no other additional compensation will be awarded. Neither Sponsor nor the Promotion Entities shall be liable for a Top Three Winner's unwillingness, inability, or failure to travel to San Francisco on the Movie Date or other Sponsor-selected date for any reason. No lodging or transportation is provided as part of any Prize, except for the limousine transportation provided as part of the night on the town portion of the Grand Prize between the Point of Origin, the Heaven's Dog restaurant in San Francisco and the Screening. Failure to take or complete a Prize on the applicable date does not relieve the Top Three Winners of their tax obligations (if any) associated with winning the Prizes. Neither Sponsor nor the Promotion Entities shall be responsible for lost, misplaced, or damaged passes or other documentation relating to any portion of any Prize.
Total ARV of all prizes: $995
Additional Prize and Game Ticket Information: All Prizes are awarded and the Game Tickets are provided "AS IS" and WITHOUT WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering this Contest and accepting the Prize and/or the Game Tickets, each of the Finalists agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest activity. Each Finalist understands and agrees that Sponsor, Paramount, and/or the Promotion Entities have the right, in their sole discretion, to disqualify and remove any of the Finalists from any activity at any time if that particular Finalist's behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, Paramount, and/or the Promotion Entities, or otherwise violates the policies of the Prize and Game Ticket providers. If legitimately claimed, the Prizes will be awarded and the Game Tickets provided, subject to any limitations and conditions set forth herein. All meals, gratuities, in-room charges, travel expenses, transfers, taxes, and other expenses not specified herein are the sole responsibility of the Finalists. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, due to the Prize unavailability. The Finalists and Top Three Winners shall be responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees associated with the applicable Prize and/or Game Tickets. IRS form 1099s will, if applicable, be provided to the IRS in the Finalists' names, and the Finalists may be required to fill out and return certain tax forms in the time specified by Sponsor. No more than the stated Prize will be awarded. Additional prize details not specified in these Official Rules will be determined at Sponsor's sole discretion. Odds of receiving the Game Tickets depend upon number of eligible Contest entrants and participants. Odds of winning the Grand Prize are 1 in 6 for qualifying Finalists.
8. LIMITATIONS OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES"), FROM AND AGAINST ANY INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE AND/OR PROVISION OF THE GAME TICKETS, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST- RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. Each of the Top Three Winners acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her guest(s) related to use of the Screening passes, or any other element of the Prize, and each of the Finalists acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her guest(s) related to use of the Game Tickets. By accepting a Prize and/or the Game Tickets, each Finalist agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with use of, participation in or attendance at the Giants/Dodgers Game and/or any Prize related element including, without limitation, the limousine transportation, Screening passes, restaurant reservation, and Exploratorium museum membership. The Finalists understand and agree that Sponsor, the Promotion Entities, any venue operator, or service or other prize provider has the right, in their sole discretion, to disqualify and remove the Finalist and/or his/her guests from any activity at any time if the Finalist or his/her guests' behavior at any point is disruptive or may or does cause damage to person, property, or the reputation of Sponsor or the Promotion Entities, or otherwise violates the policies of Sponsor, the Promotion Entities, or the promoters or operators of any Contest and/or Prize related venue or service.
I, THE ENTRANT, UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES 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 THE DEBTOR."
9. LICENSES AND APPROVALS: You may not submit an entry on behalf of someone else. By entering and participating in the Contest, you represent and warrant that you meet all eligibility criteria for participation in this Contest as set forth in these Official Rules. In addition, you acknowledge and agree that by entering and/or otherwise participating in this Contest you grant Sponsor, the Promotion Entities, their successors, licensees, assigns, promotional partners and third-party marketing entities (the "Authorized Parties") an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use and otherwise exploit, whether alone, together or with other works, your image, name, likeness, voice, and biographical data, as may be photographed, video taped, or otherwise recorded in connection with the Contest including, but not limited to, during the Giants/Dodgers Game, at or around the Booth, in or around the Pre-Game Event, and during the On-Field Ceremony, in any manner whatsoever throughout the world, including on the internet, and at any time or times, for advertising and promotional purposes for this and similar promotions, and/or the marketing of Sponsor, Paramount, the SFBA, the Giants, and/or the Dodgers, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law. YOU, THE ENTRANT, FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A FINALIST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS LIST.
10. ADDITIONAL DISCLAIMERS: To the extent applicable, the Promotion Entities are not responsible and/or liable for any of the following, whether caused by a Releasee, the Entrant, or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected Entries or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, the Entries, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.
GENERAL RULES: By entering the Contest, Entrants agree to follow and be bound by these Official Rules and the decisions of the Judges and/or Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from this Contest. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes have attempted to tamper with or impair, or have tampered with or impaired, the administration, security, fairness or proper play of this Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify, extend or suspend the Contest for any reason, including, without limitation, if the Contest is not capable of running as planned for any reason, if there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest. Sponsor may, in its sole discretion, void entries that violate these Official Rules. Sponsor's and/or the Promotion Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules will prevail and govern. In the event of a dispute as to the identity of an Entrant based on the information supplied in the Registration Form, the entry in question may be disqualified at the Judges' or Sponsor's sole discretion. Any person who supplies false information on a Registration Form, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize and/or Game Tickets will forfeit any Prize won and/or Game Tickets obtained and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the Prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize(s), including, without limitation, to such Prize's quality or fitness for a particular purpose. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor.
11. NATURE OF RELATIONSHIP: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's entry to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's entry.
12. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefor.
13. DISPUTES/GOVERNING LAW/VENUE: Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the Game Tickets distributed, the Prizes awarded, or the determination of the Finalists and the Top Three Winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses, and Entrant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising hereunder or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco, California, and each Entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
14. WINNERS LIST: To find out who won, send your request and a legal-size, self-addressed, stamped envelope to: Esurance Inc., 650 Davis St., San Francisco, California 94111-1922: attn: Esurance Star Trek Movie Night "Ultimate Trekkie" Contest Winner's List. Requests must be received no later than six (6) months following the end of the Contest Entry Period.
15. SPONSOR: Esurance Inc., 650 Davis St., San Francisco, California 94111-1922.
Motion PictureTM and © 2008 Paramount Pictures Corporation. Star Trek and related marks and logos are trademarks of CBS Studios Inc. All Rights Reserved.
This is an offline-only promotion. Neither MLB Advanced Media, L.P. nor any other MLB entity (except for the San Francisco Giants) is a sponsor of, or affiliated with, this promotion.