SFMOMA Culture for Community Free Day Membership Giveaway: Contest Rules

ELIGIBILITY AND CONDITIONS

No Purchase Necessary to Enter or Win

The SFMOMA Culture for Community Free Day Membership Giveaway (the “Contest") is open only to current legal residents of the U.S. (excluding military bases overseas, Puerto Rico, and its Territories) who are at least 21 years old prior to the Contest start date. Void where prohibited or restricted by law. Employees, officers, directors, agents, representatives of SFMOMA, their immediate family members, and those living in their household, and each person or entity connected with the production, administration, or judging of the Contest, are not eligible. The Contest is sponsored by the San Francisco Museum of Modern Art, 151 Third Street, San Francisco, CA 94103 ("SFMOMA").

CONTEST PERIOD

The contest begins August 12, 2019 at 12:01 a.m. Pacific Daylight Time (“PDT”) and ends on September 18, 2019 at 11:59 p.m. PDT (the “Contest Period”).

ALL ENTRIES MUST BE SUBMITTED AND RECEIVED DURING THE CONTEST SUBMISSION PERIOD.

HOW TO ENTER

Register to attend the SFMOMA Culture for Community Free Day, taking place September 19, 2019 via sfmoma.org/cfc.

All entries must be received by the close of the Contest Period, 11:59 p.m., September 18, 2019. Only one entry per natural person per Contest period. By entering the Contest, Entrants agree to be bound by these Official Rules.

Links to the SFMOMA website Terms and Conditions and Privacy Policy can be found at https://www.sfmoma.org/privacy-policy/ and https://www.sfmoma.org/terms-use/.

SELECTION AND NOTIFICATION OF WINNERS

The SFMOMA Culture for Community Free Day Membership Giveaway winner will be selected randomly.

The Winner will be notified by email within 8-10 days of the contest end date. The Winner must provide their mailing address and full name in order to activate their SFMOMA membership.

Each winner authorizes SFMOMA to use their name, voice, likeness, biographical data, and city and state of residence in SFMOMA programming or promotional material, worldwide in perpetuity, without further compensation unless prohibited by law. SFMOMA is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at SFMOMA’s sole discretion, without further obligation or compensation.

PRIZES

5 winners will each receive: 5 annual individual membership to SFMOMA, active from October 1, 2019 through October 30, 2020.

Approximate cash value of this prize is $120. Prizes are non-transferable, and may not be exchanged for cash or other prizes. SFMOMA, in its sole discretion, may substitute prizes of equal or greater value.

SFMOMA is not responsible for transportation or any other costs related to travel or otherwise in connection with a Winner’s use of the Prize. These costs are solely the responsibility of the Winner.

Chances of winning depend upon the number of entries received.

CONDITIONS

The Contest is subject to these Official Rules. By participating, Entrants agree: (i) to be bound by these complete Official Rules and the decisions of SFMOMA, which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a Prize, Winner agrees to release SFMOMA and its affiliated entities, together with their respective directors, employees, officers, licensees, licensors and agents, and respective sponsors, advertising and promotion entities (collectively, the Releasees), from any and all liability, loss, or damage arising from or in connection with awarding, receipt and/or use or misuse of a prize or participation in any prize-related activities. SFMOMA reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 10 entries, or due to circumstances beyond its control, including natural disasters. Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in California.

The Contest may be suspended or cancelled in the event the legitimate play of the Contest is undermined or compromised. SFMOMA reserves the right to use the Contest for publicity purposes in any media, and to use the name, likeness, and hometown name, and/or prize information of Winner as part of that publicity, without any compensation or prior review unless prohibited by law. Taxes, if any, are the sole responsibility of Winner. This Contest is void outside the continental U.S., Alaska, and Hawaii, and where prohibited or restricted by law, and subject to applicable federal, state, provincial, and local laws.

SFMOMA and the Releasees shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, invalid, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, or damages of any kind caused by the prize or resulting from acceptance, possession, or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative, or technological errors in any materials associated with the Contest. SFMOMA disclaims any liability for damage to any computer system resulting from participating in this Contest, and reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest should a virus, bug, computer problem, unauthorized intervention, or other causes beyond SFMOMA control, corrupt the administration, security, or proper play of the Contest.

SFMOMA may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines such Entrant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair practices, or intending to annoy, abuse, threaten, or harass any other entrants, or SFMOMA representatives. Use of any automated system to participate is strictly prohibited and will result in disqualification. SFMOMA may disqualify at its sole discretion any entries it believes are created by an automated system. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SFMOMA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

SOCIAL MEDIA PLATFORM DISCLAIMERS

This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook or Twitter. You are providing your information to Sponsors and not to Facebook, Instagram, or Twitter. The information you provide will only be used for administering this contest and for marketing purposes in accordance with Sponsor’s privacy policy, located at https://www.sfmoma.org/privacy-policy/.

WAIVER OF JURY TRIAL

Except as prohibited by applicable law and as a condition of participating in this Contest, each Entrant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under, or in connection with this Contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.

PRIVACY

All personal information collected by SFMOMA will be used for administration of the Contest and shall be governed by the terms of the SFMOMA Privacy Policy, which is located at https://www.sfmoma.org/privacy-policy/. In addition, Entrants may receive correspondence from, or on behalf of SFMOMA, subject to SFMOMA’s Privacy Policy. SFMOMA uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines.

OFFICIAL RULES and WINNERS LIST

For a copy of these Official Rules or the Winners List, send your request in a self-addressed, stamped envelope to: SFMOMA Culture for Community September Free Day Membership Giveaway, Attn: Marketing Department, 151 Third Street, San Francisco, CA 94103. Request must be received by October 30, 2019.

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San Francisco Museum of Modern Art