OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) WHO ARE EIGHTEEN (18) YEARS OF AGE/AGE OF MAJORITY IN THEIR JURISDICTION OR OLDER AT THE TIME OF PARTICIPATION. VOID WHERE PROHIBITED.
The StubHub® #TicketForward Nomination Program (“Program”) is sponsored by StubHub, Inc. (“Sponsor”), 199 Fremont Street, Floor 4, San Francisco, CA 94105 USA.
Participation constitutes participant’s full and unconditional agreement to these Terms & Conditions and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Program.
The participant submitting a Nomination shall herein be referred to as the “Nominator.” The person named in a Nomination shall herein be referred to as the “Nominee.”
Note: Nominators must have an existing personal relationship with the Nominee and have permission from such person to be included in the Program. A Nominator may not submit a Nomination on behalf of himself/herself. If requested, Nominator must be able to provide written confirmation that he/she has permission to submit the Nominee into this Program.
A Nominator may not nominate an individual Nominee more than once. A Nominator may nominate several individuals during the Program Period. If more than one (1) Nomination is received from the same Nominator and/or e-mail address for a specific Nominee during the Program Period, the Nominees and the Nominator may, at the Sponsor’s sole discretion, be declared null and void.
By submitting a Nomination, each Nominator agrees that his/her Nomination complies with these Terms & Conditions, including the Nomination Guidelines and Requirements set forth in Section 4 of these Terms & Conditions. Each Nominator also agrees that Sponsor may disqualify the Nominator from the Program if Sponsor believes, in its sole and absolute discretion, that a Nomination fails to comply with these Terms & Conditions.
Terms & Conditions;
the promotion and administration of this Program;
of these Terms & Conditions;
inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory,
slanderous or libelous;
are designed to harm the functionality of a computer in any way;
orientation, citizenship, ancestry, marital status, or age; and
regulations in any jurisdiction where Nomination is created or otherwise promotes any unlawful, illegal, unsafe, dangerous or reckless behavior.
NOTE: If any Nomination fails to comply with any of these Nomination Guidelines and Requirements or any other provisions of these Terms & Conditions, Sponsor reserves the right, in its sole discretion, to disqualify the Nominator and the Nomination will be declared null and void.
Sponsor will attempt to notify potential Gift Recipients as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a Gift Recipient’s privacy or spam filter settings which may divert any Program e-mail, including any notification e-mail, to a spam or junk folder. If a Gift is unclaimed, unredeemed, or returned as undeliverable, it will not be provided. If, after a good- faith attempt, Sponsor is unable to provide or deliver a Gift, the Gift may not be provided. Gifts will be e-mailed to each Gift Recipient within 2 - 4 weeks of verification. The Program Entities shall not be held responsible for any delays in providing a Gift for any reason. A Gift will only be awarded to a verified Gift Recipient.
By sharing a live event experience, Gift Recipients agree to allow Sponsor and/or Sponsor’s designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including, but not limited to, on the World Wide Web and Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
If, for any reason, a Nomination is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Nomination in the Program, the Nominator’s sole remedy is to enter the Program again to submit another Nomination. If, for any reason, the Program is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Program and/or proceed with the Program, including the selection of Gift Recipients in a manner it deems fair and reasonable including the selection of the Gift Recipients from among eligible Nominations received prior to such cancellation, termination, modification or suspension.
By participating the Program, each Participant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Terms & Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Program, including but not limited to any Program-related activity or element thereof, and the Nominator’s Nominations, participation or inability to participate in the Program, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Terms & Conditions or any Program materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Gift, (e) any change in a Gift due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Terms & Conditions, (f) any interruptions in or postponement, cancellation or modification of the Program, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Nominator (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Program, any other Program-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Program and/or its contents related to or resulting from any part of the Program, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Nominations, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed Gifts (or any element thereof), or (p) the negligence or willful misconduct by a Participant.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROGRAM, INCLUDING THE GIFTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Further, Participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Nominators, Nominees, and potential Gift Recipients agree that the rights and obligations of any participant and/or Program Entities and/or any other party shall be resolved individually, without resort to any form of class action.
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