Revised Draft
7.10.15
GUINNESS FAN OF THE MATCH CONTEST
OFFICIAL RULES
NO ALCOHOL BEVERAGE PURCHASE1 NECESSARY TO ENTER OR WIN. MUST
BE 21 YEARS OF AGE OR OLDER AND A TICKETHOLDER TO THE DESIGNATED
GUINNESS INTERNATIONAL CHAMPIONS CUP OF NORTH AMERICA SOCCER
MATCH TO ENTER. THE CONTEST IS GOVERNED BY THESE OFFICIAL RULES
AND IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Contest Overview. The Guinness Fan of the Match Contest (the “Contest”) is comprised
of thirteen (13) contest promotions, with a separate and independent contest promotion
for each of the thirteen (13) Guinness International Champions Cup of North America
soccer matches (each a “soccer match contest”). As such, each soccer match contest
features its own prize. Each soccer match contest will begin one (1) to five (5) day(s)
prior to the applicable soccer match and end at the 35th minute of the applicable soccer
match (as reflected on the scoreboard at the soccer match). See Rule 10 below for soccer
match dates. Persons may only enter the Contest on-line; Internet access and valid e-mail
address are required to enter the Contest.
2. To Enter: Post a tweet with @GUINNESSUS and an original photo of yourself as well as
the section and seat number of your ticket to the applicable soccer match to your public
Twitter account. (If you don’t have one, a Twitter account may be opened free of charge).
Include the hashtag #GuinnessICCContest and the applicable soccer match contest
hashtag** along with your photo. Your photo must be in compliance with the Terms of
Service of Twitter. Although it is free to enter, standard message and data charges may be
incurred if you use your mobile device to enter the Contest.
**A list of soccer match contest hashtags appears in Rule 10 below. Be sure to use the
hashtag that corresponds to the applicable soccer match.
Only limited use of image editing software in creation of photo is permitted. One (1)
entry per person per soccer match contest, regardless of the number of tickets purchased
by a person for a given soccer match. Multiple entries for a given soccer match contest
will result in disqualification from the Contest. A given Twitter account may only be
used by one (1) person to participate in the Contest.
By submitting a Contest Entry, you agree that your Contest Entry conforms to these
Official Rules and that Sponsor, in its sole discretion, may declare your Contest Entry
1
Deleted “OR PAYMENT”.
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void and disqualify you from the Contest if it determines, for any reason it deems
appropriate, that your Contest Entry fails to conform to these Official Rules.
Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible,
incomplete, inaccessible, mechanically reproduced or incorrect entries or other Contest
materials, all of which are void. Facsimiles or mechanical reproductions will not be
accepted. Without limiting the foregoing, re-tweeting others' photos is expressly
prohibited and will not result in entry. All entries become the property of the Sponsor and
will not be returned. Sponsor is not responsible for technical difficulties, telephone
service disruptions or other equipment or service issues which might affect an on-line
user’s ability to enter and qualify or the ability of the Sponsor to notify the winners.
3. Prizes: ONE (1) Grand Prize will be awarded per soccer match contest, for a total of
THIRTEEN (13) Grand Prize winners. The winner will receive an autographed piece of
Guinness International Champions Cup of North America merchandise and may be
honored on the field as the “Fan of the Match” at half-time during the applicable soccer
match. Autographed merchandise may include a jersey, soccer ball or artwork.
Merchandise may be autographed by player(s) and/or coach(es) of the teams participating
in the corresponding soccer match or other person(s); person(s) providing autographs are
of Sponsor’s sole choosing. Approximate Retail Value: $345 - $460 each. Re-sale value
of autographed merchandise may vary. If actual value of autographed merchandise is less
than $460, winner will not receive the difference in cash. “Fan of the Match” ceremony
is of limited duration and all details of same are at Sponsor’s sole discretion. Winner
must conduct him/herself at all times in a socially responsible, respectful and appropriate
manner as well as following all directions of Sponsor representative; and, should winner
fail to do so, prize may be immediately terminated (with possible forfeiture of
autographed merchandise), the Sponsor may eject winner from the applicable soccer
match and pursue other legal sanctions against the winner. Winner understands and
agrees that opportunity to be honored as “Fan of the Match” has no retail value and, if it
is not awarded for any reason, Sponsor’s liability will be limited to award of the
remaining elements of the Grand Prize (i.e., the autographed merchandise).
4. Winner Determination: Grand Prize Winner of a given soccer match contest will be
selected from among all eligible Contest Entries received for such soccer match contest
by Sponsor, whose decisions will be final in all matters relating to the Contest. (For the
avoidance of doubt, entries received for one (1) soccer match contest will not be retained
for any other soccer match contest.) The criteria for judging will be originality and
creativity, which will be weighted equally. In the event of a tie, the tied entries for the
applicable soccer match contest will be reviewed by an additional third party judge
(judge to be selected by Sponsor in its sole discretion) based on the foregoing criteria.
Winner of a given soccer match contest will be notified sometime after the 35th minute
(but prior to the conclusion of the first-half) of the applicable soccer match (“Notification
Period”). WINNER MUST BE PRESENT IN THE SEAT INDICATED IN HIS/HER
TWEET DURING THE NOTIFICATION PERIOD FOR THE APPLICABLE SOCCER
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MATCH IN ORDER TO WIN THE GRAND PRIZE FOR THAT SOCCER MATCH
CONTEST. IF WINNER IS NOT PRESENT AT TIME OF ATTEMPTED CONTACT
BY SPONSOR REPRESENTATIVE, GRAND PRIZE FOR THAT SOCCER MATCH
CONTEST WILL BE FORFEITED AND AN ALTERNATE WINNER MAY BE
SELECTED, IN SPONSOR’S SOLE DISCRETION AND TIME PERMITTING.
Winner must also follow all prize claim instructions of Sponsor representative, including
provision of valid proof of age (e.g., driver’s license, birth certificate or passport) and
ticket (or ticket stub). If winner fails to comply with prize claim instructions, if proof of
age or ticket/ticket stub is determined to be inadequate or invalid by Sponsor
representative in his/her sole discretion, or if winner cannot be contacted despite
reasonable attempts by Sponsor representative, Grand Prize for that soccer match contest
will be forfeited and may be awarded to another winner at Sponsor's sole discretion and
time permitting. Sponsor expressly disclaims any and all liability in conjunction with
winner notification procedure. Except where prohibited, acceptance of prize constitutes
winner’s consent to Sponsor's use of his/her name, likeness and biographical data for
advertising and promotional purposes without additional compensation. (This includes
but is not limited to Grand Prize winner’s participation in the “Fan of the Match”
ceremony.) Sponsor shall have the right, in its sole discretion, to abbreviate, modify,
suspend, cancel or terminate the Contest without notice or further obligation.
5. Contest Entries: All materials, documents, information and data submitted to the Sponsor
in connection with this Contest, including the Contest entry and submission (collectively
“Contest entry”) are the property of Sponsor, will not be returned and cannot be
acknowledged. By entering the Contest, entrants represent and warrant that their Contest
entry (i.e., photo) is their sole, original work and that it does not infringe upon the rights
of any other party, including but not limited to any intellectual property, trade secret or
other proprietary rights of any other party. By submitting a Contest entry, entrant further
represents and warrants that any person(s) referenced has given his or her express written
consent to the reference and use as contemplated by these Official Rules and that entrant
has obtained written permission for such use from any such person. Submission of an
entry grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in
any way, in whole or in part, and to use such Contest entry, and any ideas or concepts
contained therein, in commerce and in any and all media now known or hereafter
discovered, worldwide, including but not limited to Sponsor’s website, without limitation
or compensation to the entrant and without right of notice, review or approval of any such
use of the Contest entry. (Such grant of rights is made subject to those rights retained by
Twitter as a social media platform.) Submission of a Contest entry further constitutes the
entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title
and interest in and to the Contest entry, including but not limited to all intellectual
property rights and proprietary rights worldwide. Any content, material or information
included in Contest entry shall not be confidential, proprietary or trade secret. By
submitting a Contest entry, entrant consents to Sponsor’s use, reproduction and disclosure
of the Contest entry, and ideas, concepts or other materials contained therein, for any
purpose, including any commercial purpose. Any Contest entry that contains third party
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artistic works, copyrights, trademarks, trade names, logos or similar brand identifying
marks, trade secrets or other proprietary rights will not constitute a valid Contest entry.
The photo submitted must be taken/created solely by the entrant. By submitting an entry,
entrant represents and warrants that: (i) his/her photo is the sole and original creation of
the entrant and has not been copied in whole or in part from any other work; (ii) the entry
does not violate or infringe any copyright, trademark, trade name, trade secret or other
proprietary right of any person or entity; and (iii) the person(s) depicted in the photo have
given his or her express written consent to its submission into the contest and use as
contemplated by these Official Rules and by submitting any photo that contains the name,
image, voice, signature, statements, likeness of (or other reference to) any person, you
hereby represent and warrant that you have obtained such written permission. Any photo
that contains third party artistic works, copyrights, trademarks, trade names, logos,
similar brand identifying marks, trade secrets or other proprietary rights will not
constitute a valid Contest entry. Submission of a Contest entry grants Sponsor the right
to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use
such entry in commerce and in any and all media now known or hereafter discovered,
worldwide, including but not limited to Sponsor’s website, without limitation or
compensation to the entrant and without right of notice, review or approval of any such
use of the entry.
Photographs containing full or partial nudity, defined as the display of the genitals, pubic
area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of
the breast with less than a fully opaque covering of any part of the nipple, or any lewd or
sexually suggestive gesture will be disqualified. No photograph shall (a) depict or
reference persons consuming alcoholic beverages (b) depict or reference persons
conducting themselves in an inappropriate manner (c) contain material that would imply
that the consumption of alcoholic beverages is acceptable before or while operating
machinery, driving a vehicle or undertaking any other activity that requires a high degree
of alertness or physical coordination, (d) contain any material that would degrade or
demean the human form, image or status of women, men or the members of any group
based on race, religion, ethnic background, sexual orientation or any other minority
status, or (e) include an image of (or reference to) any person that appears to be under 21
years of age. Obscene, provocative, lewd or otherwise objectionable content or those
which reflect poorly on the Guinness brand will not be considered and the determination
of the appropriateness of any photograph submitted is at the sole discretion of the
Sponsor.
CONTEST ENTRIES POSTED BY ENTRANTS REPRESENT SOLELY THE
VIEWS/OPINIONS OF THE ENTRANTS THEMSELVES AND DO NOT REFLECT
THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR WILL NOT
REVIEW ANY CONTEST ENTRY PRIOR TO THE POSTING OF SAME BY
ENTRANT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN
CONJUNCTION THEREWITH.
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6. Eligibility: This Contest is open only to legal residents of the 50 United States who are
21 years of age or older at the time of entry and who are valid ticketholders to one (1) of
the thirteen (13) designated Guinness International Champions Cup of North America
soccer matches. Contest is not offered to the general public. Employees of the following
entities and the immediate family and household members of such individuals are not
eligible for participation under any circumstances: DIAGEO-Guinness USA Inc.
(“Sponsor”), Relevent Sports, LLC and (as applicable) their respective affiliates,
printers, advertising and promotion agencies, alcohol beverage suppliers, importers,
wholesalers, distributors or retailers. All federal, state and local laws apply. "Immediate
family members" shall mean parents, step-parents, children, step-children, siblings, stepsiblings, or spouses, regardless of where they live. "Household members" shall mean
people who share the same residence at least three months a year, whether related or not.
In order to enter the Contest or receive a prize, you must fully comply with the Official
Rules and, by entering, you represent and warrant that you agree to be bound by these
Official Rules and the decisions of the Sponsor (including Sponsor representative),
whose decisions shall be binding and final in all respects relating to this Contest.
7. General Conditions: Entry in the Contest constitutes an entrant’s full and unconditional
agreement to abide by and accept the terms and conditions of these Official Rules. No
transfer, refund, cash redemption, replacement, substitution of prize or cash equivalent
except at Sponsor’s sole discretion.2 Cash equivalent may be less than the approximate
retail value of the prize. Prize is non-transferable except at the sole discretion of the
Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. By
accepting the prize, winner waives the right to assert as a cost of winning said prize, any
and all costs of redemption or travel to redeem said prize and any and all liability that
might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right
to conduct a background check of any criminal records of prize winner. To the extent
necessary and permitted by law, prize winner shall authorize this background check.
Sponsor reserves the right, at its sole discretion, to disqualify prize winner from any
prize element, based on the background check. Winner also accepts sole responsibility
for any miscellaneous costs relating to acceptance of prize. Approximate Retail Value of
prize is in U.S. dollars.
By participating in the Contest, entrants and winners hereby agree to release, indemnify
and hold harmless Sponsor, Relevent Sports, LLC, Facebook and Twitter and each of
their respective parent and affiliate companies, owners, subsidiaries, divisions, partners,
representatives, agents, successors, assigns, and members (the "Released Parties"), from
and against any and all liability, third party claims, actions or proceedings of any kind
and from any and all damages, liabilities, costs and expenses, including attorney fees
and court costs, arising out of any breach or alleged breach of any of the warranties and
representations set forth above.
The value of the prize(s) won by a participant under the contest may be taxable as
income to its winner. Winner is solely responsible for any and all taxes and/or fees
2
Deleted “that Sponsor reserves the right” and “to substitute a prize of equal or greater value (or cash equivalent)”
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associated with the prize(s). Upon receipt of a prize, the winner shall be required to
comply with any and all applicable federal, state and local law, rules and regulations.
In consideration of his/her receipt of any prize, prize winner for himself or herself,
his/her heirs, personal representatives and assigns shall voluntarily and knowingly
completely and forever release, waive and discharge the Released Parties and all related
parties from and against any and every kind of claim, demand, injury, costs, attorney
fees, right, liability or cause of action or other liabilities of whatever kind or nature,
known or unknown, absolute or contingent, and whether or not fixed, which the prize
winner ever had, now has or might in the future have arising in any way or related to this
Contest, including, but not limited to, prize winner’s participation in the Contest; prize
winner’s Contest entry; use of prize winner’s name, likeness, biographical information,
signature, image or likeness; prize winner’s receipt, use or inability to use any prize or
part thereof, including but not limited to injury or loss sustained in any travel related to
the prize; financial claims; physical and/or emotional injury; and/or any other legal
claim that may arise, whether under contract, tort, warranty or any other theory or claim.
The Released Parties assume no responsibility for any injury or damage to entrants or to
any other person's computer or mobile device, regardless of how caused, relating to or
resulting from entering or downloading materials in connection with this Contest.
Entrants and winners acknowledge that the Released Parties have neither made nor is in
any manner responsible or liable for any warranty, representations or guarantees, express
or implied, in fact or in law, relative to any prize or any component thereof. Except
where prohibited, all issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and obligations of
entrant or Sponsor in connection with the Contest, shall be resolved individually,
without resort to any form of class action, and shall be governed by, and construed in
accordance with, the laws of the State of New York, without giving effect to any choice
of law or conflict of law rules (whether of the State of New York, or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other
than the State of New York. In addition, any dispute relating to the Contest (including
these Official Rules) shall be brought in the appropriate state or federal court having
jurisdiction over the subject matter located in New York, New York. Entrants hereby
irrevocably consent to the personal jurisdiction of said courts and waive any claim of
forum non conveniens or lack of personal jurisdiction that they may have. Any and all
claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but
in no event attorneys' fees, and under no circumstances will entrant be permitted to
obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for actual outof-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel
or terminate this promotion, or any part thereof, at any time, for any reason, without
notice or further obligation.
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8. Electronic Entries: In the event of a dispute, entries (including entries made via mobile
device**) will be deemed made by the authorized account holder of the e-mail address
associated with the Twitter account used for entry at time of entry. The authorized
account holder is the natural person who is assigned to the e-mail address by an Internet
access provider, on-line service, or other organization that is responsible for assigning email addresses. Sponsor and its agencies are not responsible for lost, late, damaged,
illegible, misdirected, inaccessible, or incomplete entries, or for entries not received due
to lost, failed, delayed or interrupted connections or miscommunications, or to other
electronic malfunctions, delays, or errors of any kind in the transmission or receipt of
entries (this includes filtering or other operation of the functionality of Twitter). Sponsor
is not responsible for incorrect or inaccurate entry information, whether caused by third
parties or by any human or technological error that may occur in the processing of
entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or
suspend all or a portion of the Contest (i.e., one (1) or more soccer match contests),
should viruses, bugs or other causes beyond the control of the Sponsor corrupt the
administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT
BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF ANY
WEBSITE (INCLUDING MOBILE WEBSITE) OR THIS CONTEST IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
*If entering via mobile device, wireless Internet access and/or other fees may apply.
Please consult your wireless service provider regarding your pricing plan. Not all
cellular phone providers carry necessary service to enter via mobile device. Wireless
Internet access is not available in all areas.
9. Winners’ List: Name of winner for each soccer match contest will be announced during
half-time ceremony at each soccer match. To obtain a copy of the winners' list, send a
self-addressed, stamped envelope to:__________. All requests for the winners’ list must
be postmarked by August 31, 2015 and received by September 14, 2015.
10. Soccer Match Contest Hashtags:
Soccer Match Contest
Date of
(2015)
July 11
Club July 14
LA Galaxy v. Club America
San Jose Earthquakes v.
America
Club America v. Manchester United
July 17
Paris
Saint-Germain
v. ACF July 21
Fiorentina
Manchester United v. San Jose July 21
Earthquakes
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Match Hashtag
#GuinnessICCContest #LosAngeles
#GuinnessICCContest
#SanJose
#GuinnessICCContest
#Seattle
#GuinnessICCContest
#New York
#GuinnessICCContest
#SanJose
FC Barcelona v. LA Galaxy
July 21
NY Red Bulls v. Chelsea
July 22
SL Benfica v. ACF Fiorentina
July 24
FC Barcelona v. Manchester United
Paris Saint-Germain v. Chelsea
July 25
July 25
NY Red Bulls v. SL Benfica
July 26
Chelsea v. FC Barcelona
July 28
Manchester United v. Paris Saint- July 29
Germain
#GuinnessICCContest
#LosAngeles
#GuinnessICCContest
#NewYork
#GuinnessICCContest
#Hartford
#GuinnessICCContest #SantaClara
#GuinnessICCContest
#Charlotte
#GuinnessICCContest
#NewYork
#GuinnessICCContest
#WashingtonDC
#GuinnessICCContest #Chicago
This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook or Twitter.
Sponsor: DIAGEO-Guinness USA Inc., Norwalk, CT
©2015 DIAGEO-Guinness USA, Norwalk, CT
Please Drink Responsibly.
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