SURPRISE ALL-STAR GNOME TICKET HUNT OFFICIAL RULES ("OFFICIAL RULES")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
ELIGIBILITY: The Surprise All-Star Gnome Ticket Hunt Promotion (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and physically present in Arizona during the Promotion Period (as defined below). Employees, officers, and directors (and their immediate family members and members of the same household) of Major League Baseball Properties, Inc. ("MLBP" or "Sponsor"), MLB Advanced Media, L.P. ("MLBAM"), the other MLB Entities, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Promotion, are not eligible to participate or win a Prize (as defined below). The "MLB Entities" shall mean MLBP, MLBAM, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., the Major League Baseball Clubs, The MLB Network, LLC, Tickets.com, Inc., SportsOnEarth, LLC and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities. For purposes of this Promotion, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Void outside the states listed above and where prohibited by law, rule or regulation.
PROMOTION PERIOD: The Promotion begins at 11:00 a.m. local time in Surprise, Arizona on March 20, 2012 and ends at 6:00 p.m. local time in Surprise, Arizona on March 20, 2012 ("Promotion Period").
HOW TO ENTER: In order to participate, eligible Promotion participants ("Participants") must go to Sponsor's All-Star Game Twitter page (www.twitter.com/allstargame) and/or the Kansas City Royals Twitter page (www.twitter.com/royals) during the Promotion Period, where Participants will be provided clues ("Clues") regarding the one (1) location in the Greater Surprise, Arizona area (the "Location") where one (1) Prize will be placed in or near the Location in an area of the Location that is accessible to the general public. The first Participant to arrive at the Location and retain possession of the baseball-themed ceramic gnome left at the Location by Sponsor (the "Gnome") shall be declared a potential Promotion winner, subject to confirmation that such Participant meets all eligibility requirements (the "Winner"). In the event that the first Participant to arrive at the Location and retain possession of the Gnome does not meet all eligibility requirements, Sponsor will award that Prize to the first eligible Participant to arrive at the Location and retain possession of the Gnome or, at Sponsor's sole discretion, to the first eligible Participant that Sponsor determines would have retained possession of the Gnome if an ineligible Participant had not initially retained possession of the same Gnome. If two (2) or more eligible Participants arrive at the Location and attempt to retain possession of the Gnome at the exact same time, a trivia question will be asked of Participants making purportedly valid claims to the Gnome for the awarding of such Prize. Inclusion in such trivia contest shall be each Participant's sole and exclusive remedy under such circumstances. The first Participant to accurately answer a trivia question provided by Sponsor will be considered the Winner.
The decisions of Sponsor, including the interpretation of these Official Rules, are final and binding on all matters relating to this Promotion. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Limit one (1) Prize per person, family or household.
Participants may not take actions that are negligent, injurious, or reckless in pursuit of the Prize. Participants who do not follow this rule or who otherwise participate in this Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge, and hold harmless the Released Parties (defined below) from and against any and all claims, liability, losses damages or injuries of any kind with respect thereto.
PRIZES: The Winner shall be awarded a prize package ("Prize") consisting of: (a) the Gnome and (b) one (1) voucher that may be redeemed for (i) four (4) tickets to any of the five (5) days of the 2012 MLB All-Star FanFest ("FanFest"), which will be held from July 6, 2012 to July 10, 2012 at the Kansas City Convention Center in Kansas City, Missouri; (ii) four (4) tickets to All-Star Sunday, which will be held on July 8, 2012 at Kauffman Stadium in Kansas City, Missouri; and (iii) four (4) registrations for the All-Star Game Charity 5K & Fun Run presented by Nike, to be held July 8, 2012 in Kansas City, Missouri. The approximate retail value ("ARV") of the Prize is five hundred dollars ($500.00). Exact Prize details shall be determined in the sole discretion of Sponsor. The components of each Prize may be used by Winner and/or a guest of Winner. However, under no circumstances may any Prize component be offered for sale by Winner.
The Winner is solely responsible for any and all applicable federal, state and local taxes (including income and withholding taxes), regardless of whether the Prize, in whole or in part, is used. The ARV of the Prize is based on available information provided to Sponsor and the value of the Prize awarded to Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Winner for the actual value of the Prize received. Unclaimed/unfound Prizes will not be awarded. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including, but not limited to, lodging, transportation costs, meals, gratuities and other expenses incurred by accepting and/or using the Prize are the sole responsibility of the Winner. Each of Winner's companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and may be subject to change. The terms and conditions of tickets awarded as Prize components will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Each Winner and his/her guest(s) agree to comply with all applicable Major League Baseball game, event and exhibition venue regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to a Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition.
Except as otherwise noted herein, the Prize is non-transferable and non-assignable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. In the event Winner engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify Winner and award the Prize to an alternate Winner. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
NOTIFICATION: Each potential Winner will be notified by a Sponsor representative at each Location that they are eligible to claim the Prize (the "Prize Notification"). Each potential Winner may be required to submit his/her valid social security number and/or other identification to Sponsor and will be required to execute and return an Affidavit of Eligibility and Release ("Affidavit") at the Location before claiming the Prize. Failure to submit any identification required by Sponsor or to return the required document within the specified time period or noncompliance with these Official Rules may result in disqualification and Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential Winner to be chosen. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential Winner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion, each Participant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, the MLB Entities, the City of Surprise, the Location and its owner, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Prize or any travel or activity related to the Promotion or receipt or use of any Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Winner, by acceptance of a Prize, grants to Sponsor and each of its respective designees the right to publicize such Winner's name, city and state of residence, photograph, voice, statements and/or other likeness and Prize information for advertising, promotional and/or trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, tweets, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed tweets, e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize or in any Promotion-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Internet. Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other Participant or Sponsor's representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Sponsor. Sponsor shall have the sole right to disqualify any Participant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion thereof) for any reason, including if virus, bugs, unauthorized human intervention, or other causes corrupt or impair administration, security, fairness, judging, integrity or proper operation of the Promotion (or any portion thereof). In the event of cancellation, Sponsor may elect to identify winners, if any, and award the prizes from among all non-suspect, eligible entries received up to the time of such cancellation. The Released Parties are not responsible for the actions of Participants in connection with the Promotion, including Participants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
EVENT OF FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, torrential rain, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Promotion.
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, 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 FIFTY DOLLARS ($50.00), 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 FIFTY DOLLARS ($50.00), 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, SO THE ABOVE MAY NOT APPLY TO YOU.
JURISDICTION/VENUE: The parties each agree to finally settle all disputes under applicable United States laws in the exclusive jurisdiction and venue of either the state or federal courts located in Maricopa County in the state of Arizona.
LIST OF PROMOTION WINNER(S)/OFFICIAL RULES REQUESTS: To receive a list of Winners, send a stamped self addressed envelope to: "Surprise All-Star Gnome Ticket Hunt Winners List", Major League Baseball Properties, Inc., 245 Park Avenue, New York, NY 10167. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "Surprise All-Star Gnome Ticket Hunt Official Rules," Major League Baseball Properties, Inc., 245 Park Avenue, New York, NY 10167 prior to the end of the Promotion Period.
SPONSOR: The Sponsor of this Promotion is Major League Baseball Properties, Inc., 245 Park Avenue, New York, NY 10167.
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