Pele: King of Football Promotion

Terms and Conditions

 

DISCLOSURE: iPhone and App Store are registered trademarks of Apple Inc. Android and Google Play Store are registered trademarks of Google Inc. Apple Inc. and Google Inc. are not affiliated with and do not sponsor or endorse this Promotion.

NO PURCHASE OR APPLICATION DOWNLOAD NECESSARY TO PARTICIPATE OR RECEIVE AN AWARD.

The Pele: King of Football Promotion (the “Promotion”) is a promotional giveaway sponsored and administered by Cosi Productions, LLC 1500 Broadway, New York, NY, USA (“Cosi”) and is subject to these Terms and Conditions. There is no purchase or application download necessary to participate or receive an award.

 

ELIGIBILITY: Promotion is open to individuals who are 18 years of age or older (or the age of majority in their jurisdiction of residence, whichever is older) as of the date of participation. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Cosi, their affiliates, subsidiaries and advertising and promotion agencies are not eligible to participate. Participants agree to be bound by these Terms and Conditions and the decisions of Cosi, which are binding and final on matters relating to this Promotion. Promotion is subject to all applicable federal, provincial, state, territorial and local laws. This Promotion is void where prohibited or restricted by law.

 

Ineligibility: The Promotion is not open to residents of Australia, Austria, Italy, India, Sweden, Brazil, Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe, Western Balkans, Belarus, Cote d’ Ivoire (Ivory Coast), Democratic Republic of Congo, Iraq, Lebanon, Liberia, Libya, Somalia, Canadian residents who reside in the province of Quebec and residents of any other country sanctioned by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury.

 

PROMOTION PERIOD: The Promotion begins at 12:00am Eastern Time (“ET”) on April 7, 2014 and ends at 12:00am ET on April 7, 2015 (“Promotion Period”).

 

HOW TO PARTICIPATE: During the Promotion Period, there are two (2) ways to participate in the Promotion; 1) Pele Application: Using a mobile device with data capabilities and service, visit the iPhone App Store or Android Google Play Store to search for and install the Pele: King of Football Game Application (the “Application”). Then, follow the instructions in the Application to complete the entry form and register for the Promotion. While playing the Application, you will receive “Tickets” based on your participation level in the Application. Each Ticket will be equal to one (1) entry in the Promotion. Tickets will automatically be included in any/all award drawings currently available and all subsequent award drawings (with the exception of award drawings scheduled to take place less than twelve (12) hours from time of receiving a Ticket). Standard data rates apply for data sent and received. See your wireless carrier if you have any questions regarding your mobile device service, pricing plan details or device capabilities. OR 2) Email: To participate in the Promotion without downloading or installing the Application on a mobile device, send an email to prizes@peleapp.com with the subject line “Pele: King of Football Promotion Tickets” and include your complete name, date of birth, country of residence and email address in the body copy of the email to receive forty (40) Tickets. Limit of one (1) email entry and forty (40) Tickets per person using only one (1) email address per day

 

Participants can only accrue a maximum of forty (40) Tickets per day in the Promotion, regardless of the method of participation. Tickets received in excess of the above stated daily limitation will be void. For the purposes of this Promotion, a day is understood to begin at 12:00 a.m. ET and end at 11:59 p.m. ET that same day. Tickets generated by script, macro, or other automated means or by any means which subvert the Ticket process identified above will be void.

 

AWARD DRAWINGS/ODDS: Potential award recipients for each available award will be selected in random drawings held on or about the dates and times specified in the Application and on www.peleapp.com from among all eligible Tickets received for that award drawing. Non-winning Tickets from one award drawing will carry over to any/all subsequent award drawings. Odds of winning an award drawing depend on the number of eligible Tickets received for each award drawing. Limit of one (1) award per person using only one (1) email address throughout the Promotion.

 

CONDITIONS IMPOSED ON AWARD RECIPIENTS: Potential award recipients will be notified by e-mail and may be required to execute and return an affidavit of eligibility (or a declaration of eligibility or certificate of eligibility, as applicable), a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, award notification is returned as undeliverable, or a potential award recipient is not in compliance with these Terms and Conditions, the applicable award will be forfeited and, at Cosi’s discretion, an alternate award recipient may be selected for the applicable award. If an eligible resident of Canada is selected as a potential award recipient, he/she will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a times, mathematical skill-testing questions, to be administered by Cosi either by mail, telephone, or e-mail before providing such individual with the applicable award. Award recipients may not substitute, assign or transfer an award or redeem an award for cash, but Cosi reserves the right, at its sole discretion, to substitute an award with one of comparable value. All award details are at Cosi’s sole discretion. Award recipients are solely responsible for all federal, state, local, provincial and all withholding taxes (as applicable) and any other expenses in connection with the awards not expressly described herein as being awarded including if a trip award recipient, any/all ground transportation, trip insurance, luggage fees, meals, beverages, souvenirs and gratuities. Awards will be provided within forty five (45) days from date of award recipient notification and receipt of any/all documents required by Cosi (as applicable).

 

AWARDS: Awards that will be made available during the Promotion include, but are not limited to the awards listed below. Exact quantity of awards, and date and time of drawings for available awards will be determined by Cosi, in their sole discretion:

 

SOCCER MATCH FINALS TRIP: A trip for award recipient and one (1) guest to an international soccer match finals game scheduled to take place in Brazil in May, 2014. Trip includes round-trip coach air transportation for award recipient and one (1) guest from major gateway airport nearest award recipient’s residence (as determined by Cosi) to game location in Brazil, two (2) nights hotel accommodations (one (1) room, double occupancy), and two (2) tickets to an international soccer match finals game. Approximate Retail Value (“ARV”): $5,000 USD each available trip.

 

FOOTBALL TRYOUT TRIP: A trip for award recipient and one (1) guest to the United Kingdom in September, 2014 to participate in a recreational football (soccer) tryout. Trip includes round-trip coach air transportation for award recipient and one (1) guest from a major gateway airport nearest award recipient’s residence (as determined by Cosi) to tryout location in the United Kingdom, and two (2) nights hotel accommodations (one (1) room, double occupancy). Tryout is for recreational purposes only and will not be an official tryout for a soccer team in any capacity. ARV: $2,000 USD each available trip.

 

PELE MEET & GREET TRIP: A trip for award recipient and one (1) guest to meet Pele. Exact location of meet and greet to be determined by Cosi based on Pele’s schedule and availability. Trip includes round-trip coach air transportation for award recipient and one (1) guest from a major gateway airport nearest award recipient’s residence (as determined by Cosi) to destination where Pele will be located, one (1) night hotel accommodations (one (1) room, double occupancy) and the opportunity to meet Pele. Cosi does not guarantee the opportunity to meet Pele. ARV: $2,000 USD each available trip.

 

SIGNED PELE MEMORABILIA: Award recipients will receive a Pele replica shirt, photo, or soccer ball signed by Pele. ARV: $50 – $150 each. Exact value of signed memorabilia subject to market fluctuations.

 

Exact dates of travel, teams participating in games, and location of games (as applicable) will be determined by Cosi, in its sole discretion. Cosi reserves the right to change the travel dates. Actual value may vary depending on city of departure. If, for any reason, Cosi is unable to provide any award recipient with their applicable game tickets, tryout or meet and greet with Pele, no compensation or substitution will be provided; however, the remainder of award package will be awarded and Cosi will have no further obligation to such award recipient. Game tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Cosi. Award recipients and guests must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of award. Award recipients of the football tryout must understand that football is a strenuous activity that may involve certain health related risks, including risk of physical injury. Such award recipients must be in good physical condition and must have the physical capacity to participate in any tryout activities associated with the award and accept all risks associated with such activities. Award recipients must be able to travel on dates specified by Cosi or award will be forfeited and Cosi will have no further obligation to such award recipient. Award recipients and guest are responsible for obtaining all required travel documents (including but not limited to passports and visas) prior to travel. Guests must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless a child or legal ward of award recipient and must sign a liability/publicity release prior to issuance of travel documents. If a guest is a child or legal ward of an award recipient, such award recipient must sign and return release on behalf of such child or legal ward. Travel arrangements must be made through Cosi’s agent, on a carrier of Cosi’s choice. Award recipients and guests must travel together on the same itinerary. Certain travel restrictions may apply.

 

LIMITATION OF LIABILITY: Each participant accepts the conditions stated in these Terms and Conditions, agrees to be bound by the decisions of Cosi, warrants that he or she is eligible to participate in this Promotion, and agrees, subject to applicable law, to release, indemnify, and hold harmless the Released Parties (as defined below) from and against any and all claims, losses, liability, and damages of any kind, (including reasonable attorneys’ fees and expenses) asserted against any of them, any injury, damage, death, loss, or accident to person or property (including any award recipient’s travel/activity related thereto), or from the respective participants’ breach of any agreement or warranty associated with the Promotion, including these Terms and Conditions. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and, should such an attempt be made, the Released Parties reserve the right to seek any and all remedies available from any such person(s) responsible for any such attempt to the fullest extent permitted by law.

 

Unless the laws relevant for the domicile of the participant provide otherwise, this Promotion is governed by the laws of the United States, and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Promotion must be brought in a court of competent jurisdiction in the United States.

INTERNET: Participants further agree that Cosi, their affiliates and each of their respective officers, directors, shareholders, agents and employees (collectively, the “Released Parties”), and any Internet access providers are not responsible for the following: (a) electronic transmissions, Tickets or entry forms that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not posted or received by Cosi or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of entry forms or tabulation of Tickets, the cancellation or postponement of any game or award event; or for destruction of or unauthorized access to, or alteration of, entry forms, Tickets or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents related to or resulting from participation in this Promotion, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Promotion; (e) any Tickets submitted or received in a manner that is not expressly allowed under these Terms and Conditions (all such Tickets will be disqualified); (f) any printing errors in these Terms and Conditions or in any advertisements or correspondence in connection with this Promotion. Cosi reserves the right, in its sole discretion, to cancel or suspend this Promotion or any portion herein should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the Promotion. In such cases, notice to this effect will be posted at www.peleapp.com. If, in Cosi’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the Promotion, the Cosi reserves the right to void suspect Tickets and/or terminate the Promotion.

PERSONAL DATA: Any participant information collected during the Promotion shall be used only in a manner consistent with these Terms and Conditions and Cosi’s Privacy Policy located at http://www.peleapp.com/pele/privacy-policy/. Each Participant expressly agrees to the use of his/her personal information for such purpose. The following information will be collected from each participant for the purpose of administering the Promotion, and may also be used by Released Parties and their affiliates to contact participants: first name, last name, and email address. The Released Parties will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless participant has given his prior express consent to receive additional information from the Released Parties or a third party. Participants have a right of access to, modification and deletion of their personal data. To exercise such right, a participant may write to info@peleapp.com; or by mail at 11-11 44th Drive Long Island City, NY 11101 (“Data Controller” and “Data Recipient”). Participants, please note that participants’ data will be transferred outside of each eligible country to the United States which do not provide an adequate level of protection according to EU data protection regulations, for the purpose of administering this Promotion. The Released Parties will take all steps reasonably necessary to ensure that participants’ personal information is treated securely and in accordance with Cosi’s Privacy Policy and these Terms and Conditions in respect of such transfer, but will not otherwise take steps to ensure compliance with applicable laws in the participants’ country of residence. By participating in the Promotion, participants expressly agree to such transfer.

 

COUNTRY SPECIFIC NOTICES: If any provision of these Terms and Conditions is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.

AWARD RECIPIENT’S LIST AND TERMS AND CONDITIONS: To obtain the name(s) of the award recipients or a copy of these Terms and Conditions, please send an email with the subject line “Award recipient’s List” or “Terms and Conditions” to info@peleapp.com.

CONTACT: If you have any questions or comments, or wish to send us any notice regarding the Promotion, please send an email to info@peleapp.com.