By participating in this promotion, each participant unconditionally accepts and agrees to abide by these terms and conditions and by the Faithful Rewards Terms of Service located at https://49ersfaithfulrewards.com/TermsOfService. This promotion is only open to legal residents of California who are at least eighteen (18) years of age and are members of the Faithful Rewards program (the "Program"). For an insurance quote completed by an eligible participant as described below, such eligible participant will receive two hundred fifty (250) Faithful Rewards points ("Points"). Limit one quote per participant.
In order to participate, eligible participants must be members of the Program. Membership in the Program is free. To sign up, please go to https://49ersfaithfulrewards.com. Once logged in to the Program, participants must click on the Esurance promotion banner, which will re-direct participant to Sponsor's (as defined below) landing page. On the Sponsor landing page, participant will be prompted to enter in participant's zip code. After entering in zip code, eligible participant must then complete the quote process by fully completing all required fields as directed. PARTICIPANTS MUST BE LOGGED IN TO THE PROGRAM WHILE COMPLETING THE QUOTE IN ORDER TO RECEIVE THE POINTS. All information submitted by participant online via Sponsor websites is subject to, and will be treated in a manner consistent with, Sponsor's Privacy Policy accessible at https://www.esurance.com/legal/privacy-policy.
The points will be awarded within two (2) days of the quote completion. All quote requests are subject to verification.
Promotion ends February 28, 2019.
Attempts made by an individual to complete quotes in violation of these terms and conditions by using multiple or false contact information or otherwise may be disqualified. Quotes that are generated by a macro, bot, or other automated means will not be accepted and will be void.
Esurance Insurance Services, Inc. ("Sponsor") and its affiliates and their respective employees, directors, officers, agents and representatives (collectively with Sponsor, the "Sponsor Entities") are not responsible for any changes or unavailability of the Program or Program website service that may interfere with this promotion, in which case Sponsor in its sole discretion may terminate or modify this promotion. In the event of noncompliance with these requirements, the Points may be forfeited in Sponsor's sole discretion.
Sponsor is not responsible or liable for any of the following: (a) technical failures of any kind; (b) failures of any of the equipment or programming associated with or utilized in this promotion; (c) unauthorized human and/or mechanical intervention in any part of the quote process; (d) any error, omission, interruption, defect or delay in transmission or communication; (e) viruses or technical or mechanical malfunctions; (f) interrupted or unavailable cable or satellite systems; (g) errors, typos, or misprints in these terms and conditions, in any promotion-related advertisements or other materials; or (h) lost or unavailable network connections.
AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR ENTITIES AND THE SAN FRANCISCO 49ERS AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE POINTS, WHILE PREPARING FOR, PARTICIPATING IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. PARTICIPANTS AGREES THAT THE POINTS ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE POINTS. FURTHER, RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM OR HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Without limiting any other provision in these terms and conditions, Releasees are not responsible or liable to any participants for failure to supply the Points in the event that the promotions activities or Releasees' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN PARTICIPANT AND SPONSOR ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR THE POINTS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
The promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state and federal courts located in San Francisco, California, and each participant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising from or relating to the promotion or these terms and conditions.
Sponsor's failure to or decision not to enforce any provision in these terms and conditions will not constitute a waiver of that or any other provision.