Skrewball Whiskey Fan Cutout Section
Thank you to those who participated in the Skrewball Whiskey Fan Cutout Section! With your help, we raised over $5,500 for our local nonprofit organization, Big Table.
We look forward to seeing your cutouts cheer us on at FivePoint Arena at Great Park Ice throughout the 2020-21 regular season.
Fan Cutout Terms and Conditions
THE SKREWBALL WHISKEY FAN CUTOUT TERMS AND CONDITIONS
By purchasing a Skrewball Whiskey fan cutout (“Cutout”), Purchaser agrees as follows:
- Purchaser, on behalf of itself and any other individual depicted in the image Purchaser provides to the San Diego Gulls Foundation (“Foundation”) for the Cutout (the “Image”), hereby grants to Foundation, San Diego Gulls Hockey Club, LLC and their parent, related, affiliate, successor and/or subsidiary companies (and/or their respective owners, officers, directors, employees, members, representatives, and agents) (collectively, “Releasees”), and any person or entity acting under the Releasee’s permission or with the Releasee’s authority, an irrevocable, royalty-free license in and to the Image (including, without limitation, all intellectual property, trademark and copyright rights) for any and all commercial and non-commercial purposes in perpetuity throughout the universe, in connection with the marketing, promotion and/or advertising of the Foundation, the San Diego Gulls and Great Park Ice & FivePoint Arena, in any media known and unknown or hereinafter developed.
- Purchaser acknowledges that the Image may appear in broadcasts, recordings, photographs and other distributions of San Diego Gulls home games (including, without limitation, in clips, highlights, replays and other portions of the home games distributed online, in social media and otherwise), and that neither Purchaser nor any other individual depicted in the Image shall be entitled to any compensation or any right to approve the use of the Image. Purchaser hereby waives all rights of inspection or approval or any moral or other rights and understands that Foundation reserves the right to move and/or remove the Cutout in its sole discretion for any reason at any time without notice or liability to Purchaser. Purchaser acknowledges that Foundation has not and does not make any representation or warranty that Purchaser’s Image will be included in broadcasts, photographs or other distributions of San Diego Gulls home games.
- Purchaser represents and warrants that (a) Purchaser is at least 18 years of age; (b) Purchaser is the sole owner of all rights in and to the Images; (c) Purchaser has the express permission of any individual depicted in the Image to submit the Image to Foundation and to grant the rights set forth herein; and (d) if the individual depicted in the Image is a minor, Purchaser represents that Purchaser is a parent or natural or legal guardian of the minor and that Purchaser is in fact, acting in such capacity, and agrees to save and hold harmless the Releasees from all claims, suits, demands, damages, losses, liabilities, costs, expenses and any actions whatsoever (collectively, “Claims”), whether known or unknown, which may be made against the Releasees because of any defect in or lack of such capacity to so act and hereby releases the Releasees on behalf of the minor and his/her parent(s) or other legal guardian(s).
- Purchaser hereby releases, agrees not to sue and agrees to indemnify and hold harmless (on behalf of Purchaser and each individual depicted in the Image) the Releasees of and from any and all Claims, known or unknown, existing now or in the future, that Purchaser, the individual depicted in the Image, and the respective heirs, administrators, executors, next of kin, assigns or any third party may now or hereafter have against the Releasees, arising in any way as a result of or in connection with the use, display, editing, production, distribution, transmission, sublicensing or reproduction of the Image and/or Cutout, including without limitation any claims for copyright infringement or invasion of privacy or publicity. Purchaser expressly waives and relinquishes all rights and benefits afforded by California Civil Code Section 1542 and does so understanding and acknowledging the significance of this specific waiver of Section 1542. Section 1542 states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- Purchaser acknowledges that they have read and agreed to the restrictions, limitations and conditions set forth in the FAQs.
- Purchaser understands that Foundation reserves the right, in its sole discretion, to refuse any Image that does not follow the guidelines as listed in the FAQs, and that all Cutouts are final sale (no refunds or exchanges).
- Purchaser agrees that these Terms and Conditions are intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, such invalidity will not affect any other provision that can be given full effect without the invalid provision.
- These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of California exclusive of conflict or choice of the law rules and, subject to the following provision related to arbitration of disputes, the parties consent to the exclusive jurisdiction of the Superior Court of the State of California for the County of San Diego. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego County, California before one arbitrator. The arbitration shall be administered by Judicate West pursuant to Judicate West’s Commercial Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude a party from seeking provisional remedies in aid of arbitration from the Superior Court of the State of California for the County of San Diego.
Fan Cutout FAQs
Skrewball Whiskey Fan Cutout FAQs
Who is the beneficiary?
All proceeds of the Skrewball Whiskey Fan Cutout program will benefit the San Diego Gulls Foundation with all proceeds being donated to local San Diego nonprofit, Big Table. Big Table is a nonprofit organization that cares for individuals in crisis that work in the restaurant and hospitality industry. Big Table assists those individuals through timely interventions, intentional relationships, and transformational care… all with no strings attached.
Introduced in the 2015-16 season, the mission of the San Diego Gulls Foundation is to facilitate and support programs that produce positive change for children and families throughout Southern California by providing educational opportunities, broadening access to the sport of hockey, and addressing the health and wellness needs of our community. The San Diego Gulls Foundation serves as the team's main charitable beneficiary and operates its own programming, as well as supports a variety of local nonprofit organizations. The Tax ID# of the San Diego Gulls Foundation is 11-3839845.
What is the size of the seat cutout?
All cutouts will be the same size- approximately 48" tall x 18" wide.
Where will my cutout be located?
Cutouts will be placed in a visible location at the San Diego Gulls sole discretion. Seat locations will be randomly designated by the San Diego Gulls. We cannot accommodate requests for specific locations. Cutouts may be relocated or removed for any reason at any time without notice or refund to you.
When will my cutout be placed in the arena?
Cutouts will be installed in groups, depending on when your order for the cutout is received.
Can my cutout be placed near friends or family?
Every effort will be made to install cutouts purchased in the same transaction together. We cannot accommodate requests for specific seating locations.
Will I receive a confirmation of my order?
After completion of your purchase, you will receive confirmation of your order within 24 hours. The San Diego Gulls will review your photo and only reach out to you if your photo is not approved and needs to be resubmitted.
Do I get to choose the player I want to autograph my cutout?
No. The cutouts will be randomly signed by a current member of the 2020-21 San Diego Gulls roster.
Can I get my cutout after the season is over?
At the conclusion of the 2020-21 season, you will have an option to pick up your cutout from the San Diego Gulls Front Office, provided it is safe to do so at that time. Please note, we cannot guarantee the condition of your cutout after being placed in the FivePoint Arena at Great Park Ice for the season. Shipping is NOT available.
What are the photo guidelines:
The photo submitted must be of yourself or your minor child. Only one person will be permitted per cutout.
WHAT TO WEAR:
- Gulls colors or logos are encouraged!
- Check that your clothing and your background (one solid color is recommended) are contrasting colors.
- If you are wearing a hat, adjust the bill so it does not cast a shadow on your eyes or cover your face. Make sure there is enough light in front of your face.
- If you wear glasses, tilt your face and do not use a flash so you can avoid glare on your glasses.
- For best results, use a blank wall or solid-color background that contrasts with your clothing color.
- Set up your camera in a well-lit space with light in front of you. Avoid a window, door or direct lighting behind you.
- Remove any personal or private information or objects in the background.
TAKING THE PHOTO:
- Have someone else take your picture. Selfies are not recommended.
- Ideal photos will include a person front-on, with their arms at their sides about 3-4 feet from the camera at eye level.
- Photos taken by smartphones are acceptable, however a digital camera is highly recommended. When submitting the photo, make sure it is the largest possible size. Do not compress the file.
- Photo should be taken vertically or portrait.
Are there restrictions to my photo submission?
The following elements are prohibited from the Skrewball Whiskey Fan Cutout section:
- Commercial or personal advertising: company names, apparel brands, hashtags, social media handles, websites, phone numbers, email addresses, logos, slogans or other branding.
- Offensive or negative references.
- Third-party branding, including apparel and backgrounds. No attire or branding of AHL or NHL clubs or sports teams other than the San Diego Gulls or Anaheim Ducks.
- Political statements, endorsements, logos, slogans or any other political subjects.
- Names or images of any celebrity.
- Photos that portray lewd, explicit, discriminatory, inappropriate, violent, derogatory or otherwise offensive content.
The San Diego Gulls reserve the right, in its sole discretion, to reject any submission for any reason.
Can I submit a photo of my pet?
A photo of your pet is permitted as long as it adheres to the above guidelines.
How will I know if my cutout photo is accepted?
You will know that your cutout photo has been accepted if you do not hear back from us. A member of the San Diego Gulls staff will contact you if the photo you submit does NOT meet the guidelines and you will have the opportunity to upload a new one.
Will I be able to view my cutout in the seating bowl?
We will post photos of the Skrewball Whiskey Fan Cutout sections on the San Diego Gulls website once cutouts are installed, but we cannot guarantee that your cutout will be visible in such photos. Cutouts are not guaranteed to be shown on the television broadcasts of San Diego Gulls games. Fans will not be permitted inside the FivePoint Arena at Great Park Ice & FivePoint Arena to view their cutout.
Any additional questions?
Contact [email protected] with additional questions regarding the 2020-21 Skrewball Whiskey Fan Cutout Section.
If you are using a text to speech reader for accessibility and are having problems using this application, call (619) 359-4730 for assistance.