MLB.COM OPENING WEEKEND PICK 'EM (THE PROMOTION)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States, Washington, D.C. and Canada (excluding residents of the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Employees, officers, directors, agents, successors and assignees (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of MLB Advanced Media, L.P. (the "Sponsor"), the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising agencies, promotional companies, and any and all other companies associated with the Promotion are not eligible to participate or win the Prize (defined below). The "MLB Entities" shall mean Sponsor, the Office of the Commissioner of Baseball (BOC), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs (Clubs), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Promotion is subject to all applicable federal, state, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
PROMOTION PERIOD: The Promotion begins at 10:00:01 AM Eastern Time ("ET") on April 1, 2013 and ends upon completion of the final MLB game scheduled to start on Sunday, April 7, 2013 ("Promotion Period"). The Promotion Period shall consist of three (3) MLB game days for MLB games played on Friday, April 5, 2013; Saturday, April 6, 2013; and Sunday, April 7, 2013 (each an "MLB Game Day"). For purposes of this Promotion, each MLB Game Day begins with the start of first MLB game scheduled to be played on each day and ends upon completion of the final MLB game played that same day.
HOW TO PARTICIPATE: During the Promotion Period, Sponsor will display a list of all MLB games scheduled to be played on each MLB Game Day throughout the Promotion Period. Follow the instructions provided to select the MLB teams you predict will win each MLB game to be played on the applicable MLB Game Day (each such prediction, an "MLB Game Pick" and collectively, the "MLB Game Picks"). In addition, for each MLB Game Day, you must select your prediction as to the final score of the tiebreaker game (the "Tiebreaker Game") for purposes of the Tiebreakers (defined below). Note: in the event you are tied with any other participant(s) for the Prize, you will not be eligible to win the Tiebreakers or the Prize if you fail to submit a prediction for the Tiebreaker Game. You must make your MLB Game Picks and Tiebreaker Game selection, as applicable, by no later than five (5) minutes prior to the scheduled start of the first MLB game of the applicable MLB Game Day (the "Lock Time"); provided, however, in the event the scheduled start of first MLB game to be played on that MLB Game Day is cancelled or postponed at any time prior to five (5) minutes prior to the scheduled Lock Time, and such MLB game is the only game scheduled to start at that time, Sponsor reserves the right to adjust the Lock Time to be five (5) minutes prior to the scheduled start of the next MLB game played on that day (by way of example only, in the event the New York Yankees v. Detroit Tigers game scheduled to start at 1:05 ET on Friday, April 5 is officially postponed prior to 2:10 pm. ET that day, the Lock Time for Friday, April 5 shall be 2:05 pm ET). You will receive one (1) point for each correct MLB Game Pick (each, a "Point"). Only wins officially scored as wins in 2013 MLB regular season MLB games will be counted as valid wins in the Promotion. MLB Game Picks will not be updated to reflect any official MLB statistics changes or corrections that may occur after the completion of an entire MLB Game Day's schedule of MLB games. Once an MLB game is final following completion of an entire MLB Game Day's schedule of MLB games, it will be final for purposes of this Promotion. In the event any MLB game scheduled for any MLB Game Day is cancelled, postponed or suspended, that MLB game shall not be considered for Points for purposes of this Promotion. In addition, any MLB game(s) that are added to any open MLB Game Day's schedule of MLB games after the Lock Time for the immediately prior MLB Game Day shall not be considered for purposes of this Promotion (by way of example only, in the event a postponed Seattle Mariners v. Chicago White Sox game gets rescheduled for 7:05 pm CT on Sunday, April 7 as a part of a double header, the rescheduled 7:05 game shall not be considered for purposes of this Promotion).
WINNER DETERMINATION: The eligible participant who accumulates the most Points during the entire Promotion Period, as determined and verified by Sponsor, will be the potential winner of the Prize, subject to verification of eligibility and full compliance with the terms of these Official Rules; provided, however, that a Prize will only be awarded if no participant's MLB Game Picks correctly match the actual results of all MLB games played during the Promotion Period in which twenty-eight (28) or more MLB games are played. In the event of a tie for any Prize, the Tiebreakers shall apply. IN NO EVENT WILL MORE THAN ONE (1) PRIZE BE AWARDED DURING THE PROMOTION PERIOD.
TIEBREAKERS: In the event of a tie for the Prize, the following tiebreakers (the "Tiebreakers") will be used among the remaining tied participants in the following order:
- Participant whose Selection correctly predicts the winning team of the April 5, 2013 Tiebreaker Game;
- Participant whose Selection for total number of runs scored by both teams in the April 5, 2013 Tiebreaker Game is closest to the actual total number of runs scored by both teams in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the home team in the April 5, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the home team in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the away team in the April 5, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the away team in the Tiebreaker Game;
- Participant whose Selection correctly predicts the winning team of the April 6, 2013 Tiebreaker Game;
- Participant whose Selection for total number of runs scored by both teams in the April 6, 2013 Tiebreaker Game is closest to the actual total number of runs scored by both teams in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the home team in the April 6, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the home team in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the away team in the April 6, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the away team in the Tiebreaker Game;
- Participant whose Selection correctly predicts the winning team of the April 7, 2013 Tiebreaker Game;
- Participant whose Selection for total number of runs scored by both teams in the April 7, 2013 Tiebreaker Game is closest to the actual total number of runs scored by both teams in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the home team in the April 7, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the home team in the Tiebreaker Game;
- Participant whose Selection for total number of runs scored by the away team in the April 7, 2013 Tiebreaker Game is closest to the actual total number of runs scored by the away team in the Tiebreaker Game; and
- In the event that the tie is still not broken after applying the tiebreakers above, Sponsor will administer a timed baseball trivia quiz, testing the tied participants' knowledge of Major League Baseball, without assistance of any kind, until the tie is broken.
ALL POTENTIAL WINNING SELECTIONS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF THE PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, THE POTENTIAL WINNING SELECTION AND ENTRANT'S FULL COMPLIANCE WITH THESE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
PRIZE: One (1) Prize to be awarded. The Winner shall receive two (2) 2014 MLB regular season tickets for the Winner and a guest to attend regular season home games of the MLB team of the Winner's choice. (Approximate retail value of Prize: US$3,500). TRANSPORTATION TO/FROM ANY GAME AND LODGING NOT INCLUDED.
PRIZE CONDITIONS: Exact Prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable federal, state, provincial, and local taxes (including income and withholding taxes). 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 any and all other expenses incurred by accepting the Prize are the sole responsibility of the Winner. The Prizes are non-transferable and non-assignable, with no cash redemptions 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. Seat locations shall be determined in the sole discretion of Sponsor. 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/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the 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 (defined below) will not be responsible for weather conditions, 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. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).
NOTIFICATION: The potential winner will be notified at the e-mail address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within three (3) days of the date of issuance or declines the Prize for any reason, a disqualification will result and prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be selected from among all remaining eligible entries. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility (or, if a resident of Canada, a Declaration of Eligibility) and Release of Liability and, unless prohibited by law, Publicity, within five (5) days of the date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, the other MLB Entities, Facebook 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 that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Promotion, each entrant gives his/her express permission to be contacted by Sponsor by telephone, e-mail and/or postal mail for Promotion purposes. The Winner, by acceptance of the Prize, grants to Sponsor and each of its designees the right to publicize the Winner's name, address (city and state/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, 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: All decisions of Sponsor, including the determination of the Winner, are final and binding on all matters relating to this Promotion. 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, 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; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed 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, wireless service, 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 and/or wireless device related to or resulting from participating in this Promotion or downloading materials from or use of the website. 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 entrant or any representative of Sponsor 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 Sponsor and/or its agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), 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 their sole discretion, to cancel or suspend the Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY 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 ENTRANT, AND SPONSOR AND/OR ITS 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.
In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
As a condition of entering this Sweepstakes, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All entry data provided via the online entry form is provided to MLBAM and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
The MLB.com Opening Weekend Pick 'Em promotion is a skill contest designed to increase consumer awareness of and interest in Major League Baseball and MLB.com, the Official Site of Major League Baseball. This Contest may not be used for, or in connection with, any form of gambling.
WINNER'S LIST: For the Winner's name mail a request and self-addressed stamped envelope to be received by November 30, 2013 to: MLB.com Opening Weekend Pick 'Em Winner's List c/o MLB Advanced Media, L.P., 75 Ninth Ave., New York, New York 10011, Attn: Sweepstakes Department.
SPONSOR: The Sponsor of this Promotion is MLB Advanced Media, L.P., 75 Ninth Ave., New York, New York 10011.
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