This Terms and Conditions Agreement (the “Agreement”) governs your use of the websites, and other online and mobile services that link to or post this Agreement (collectively, the “Services”) that are operated by American Rugby Investments, Inc. (operating as San Diego Legion, (collectively, “SDL,” “we,” “our,” “us”).
Your use of the Services constitutes your acceptance of the Agreement. You must be 13 years or older to use the Services. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Services, which license and permission we may revoke at any time, as described below.
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs (“Trademarks”) of the San Diego Legion, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 25 of this Agreement.
We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Services (“Modular Content”). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure our branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to this Agreement.
Shop.SDLegion.com (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor (“Store Vendor”). By placing an order in the Store, you acknowledge that the Store Vendor is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. The Store Vendor can be reached by e-mail at firstname.lastname@example.org.
The Services may contain links to other services (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services.
You may link to the home page of the Services without obtaining our permission. For any other type of link to the Services, you must obtain our express e-mail permission. To seek our permission, you may email email@example.com. If you provide a third-party Web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your Web site or any of its products or services; (c) shall not present false information about us, the Services or any of our products or services; (d) shall not use any of our trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Services from any Web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.
The availability of the content on the Services may be affected by a variety of factors, including game delays or cancellations, application of the Major League Rugby’s broadcast policy (which prohibits broadcast of rugby games under certain circumstances and in certain areas), technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 11 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 11 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
(h) otherwise restricts any person from using the Services, or, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, the Services;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
There are two (2) ways to enter the Sweepstakes. LIMIT OF ONE (1) ENTRY PER PARTICIPANT REGARDLESS OF THE METHOD OF ENTRY. Multiple entries are not permitted.
Individuals may enter this Sweepstakes by going to http://www.sdlegion.com/sweepstakes and filling out the short form with the requested information, which may include name, address, phone number, e-mail address and date of birth. SDL may also ask optional questions. Completion of these questions is not required to enter the Sweepstakes.; OR
If you don’t already follow @sdlegion on Instagram, visit https://www.instagram.com/sdlegion and click on the icon to follow @sdlegion.
If you do not have an Instagram account, you can obtain one for free by visiting https://www.instagram.com/ and following the prompts to obtain an account.
Entries must be received by the Sponsor no later than 11:59 PM PST on defined day of individual contest running through calendar year 2019.
By entering on Instagram, you agree that your entry conforms to the Submission Requirements as defined below (“Submission Requirements”) and that SDL, in its sole discretion, may disqualify you from the Sweepstakes if it believes that your Entry fails to conform to the Submission Requirements. Participants must have permission from all individuals that appear in the entry (if any) to use their name and likeness in the entry and to grant the rights set forth herein.
MOBILE DEVICES: If you participate via a smart phone or other mobile device, Message and Data Rates may apply. Not all cellular service providers offer the service necessary to participate in this Sweepstakes through a mobile device. Please check with your provider for specific capabilities, charges and pricing plans. 5. Submission Requirements: BY SUBMITTING AN ENTRY THROUGH INSTAGRAM, YOU AGREE THAT ANY COMMENT COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND ANY TERMS AND GUIDELINES SET BY INSTAGRAM. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES.
By participating in the Sweepstakes, each participant hereby warrants and represents that any comment he/she submits: a) is original to him/her; b) does not violate any law, statute, ordinance or regulation; c) the account must be made be set to public during Entry Period and for a period of at least 15 days after the end of the Entry Period; d) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and e) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of SDL); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of SDL; any identifiable third party products, trade-marks, brands and/or logos, other than those of SDL); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
SDL reserves the right, in its sole and absolute discretion, at any time and for any reason to screen any comment. Any comment that SDL deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. SDL reserves the right, in its sole and absolute discretion at any time and for any reason, to request a Participant to modify, edit and/or re-submit his or her comment in order to ensure that the comment complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, then SDL reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the comment (and therefore the corresponding Entry and/or the associated Participant).
Potential Winner will be selected in a random drawing from all eligible entries received during the Entry Period. By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of SDL, which will be final and binding in all matters relating to the Sweepstakes.
The drawing will be conducted on or about each day as defined by SDL, whose decision is final and binding in all matters relating to the Sweepstakes. Potential winner will be notified by e-mail on or about 3-5 days after sweepstakes has officially ended, 2019. SDL will attempt to contact each potential winner of a prize by telephone or e-mail using the contact information provided by the Participant at the time of entry. If the Participant is under 18 (or the age of majority in their state of residence), Participant’s parent or legal guardian grants permission for SDL to contact the Participant at the telephone or e-mail provided in the entry. If the potential winner cannot be reached within seven (7) days after the first attempt to contact such potential winner, or if the selected Participant is otherwise ineligible or fails to complete the Prize Claim Documents (as defined below), Sponsor shall have the right, but not the obligation, to award the applicable Prize to another participant selected from among the remaining eligible entries. If any attempted notification or prize delivery is returned as undeliverable, the prize will be forfeited.
Four (4) VIP Tickets to attend San Diego Legion vs. Austin Elite Rugby ($156 retail value). Terms and conditions of Prize issuer also apply.
All Prizes are subject to availability and other restrictions. Any expenses/costs associated with a prize, its acceptance, use or enjoyment that are not listed herein as included with a prize are the winner’s responsibility and will not be provided. At SDL’s discretion, unclaimed prizes may not be awarded. Sponsor is not responsible for lost or mutilated prizes and none will be replaced. Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by SDL in the event that the prize cannot be awarded for any reason, in which case, SDL will provide a prize of equal or greater value. All taxes, fees and surcharges on prizes are the sole responsibility of winners.
Prizes will not be awarded without prior completion and verification of information by SDL of all information provided in Prize Claim Documents.
In no event will more than the stated number of prizes be awarded. If for any reason, more prize notices are sent, or more prizes are claimed, than are intended to be awarded, SDL reserves the right to award the actual number of prizes through a random drawing from among all verified and validated prize claims received.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
or any technical problem, including but not limited to any injury or damage to any person’s Device related to or resulting from Sweepstakes participation.
for any claims to be arbitrated on a class or representative basis, arbitration can decide only Participant’s and/or SDL’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Participant or SDL; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $500 USD, and Participant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, SDL agrees to pay them and/or forward them on Participant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SDL will pay as much of Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. Any demand must be filed within one (1) year from the end of the Entry Period or the cause of action shall be forever barred.
San Diego Legion and the San Diego Legion logo are trademarks of American Rugby Investments, LLC in conjunction with Major League Rugby. All other trademarks, service marks, logos, products, or service names are the property of their respective owners. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, Snapchat, or any other third-party not specifically designated by SDL. Information is being provided solely to SDL in accordance with these Official Rules.