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MLB Network Trivia Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
CONTEST ENTRY PERIOD: The MLB Network's High Heat Trivia Contest (the "Contest") begins at 12:00 p.m. Eastern Time ("ET") on Monday, February 22, 2016 and ends at 2:00 p.m. ET on Friday, February 26, 2016 (the "Contest Period").
ELIGIBILITY: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who are at least 18 years of age or the age of majority in their jurisdiction of residency at the time of entry. Void in Puerto Rico, outside the U.S., and wherever else prohibited by law. Employees of The MLB Network, LLC (the "Sponsor"), the MLB Entities (as defined below) and each of their respective subsidiaries, affiliates, advertising and promotion agencies and marketing/prize providers, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. The "MLB Entities" means the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., MLB Advanced Media, L.P., 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 (the "MLB Entities"). Contest is subject to all applicable federal, state and local laws and regulations.
ENTRY/TRIVIA GAME PLAY: Each day during the Contest Period, the Sponsor will announce the timing of the required method of entry (each a "Daily Announcement") for the Trivia Game (each, a "Trivia Game"). All references in the Daily Announcement or to any information to be "announced" may be announced on-air on one of Sponsor's programs (each, a "Show") telecast on Sponsor's programming service, MLB Network, and/or via email, SMS, internet posts, blog posts, text message, instant message, social network posts, on-site, and/or via point of purchase displays, materials or handouts. Eligible Participants must call the telephone number announced at the appropriate time (each, a "Participant"). At the time that calls are solicited, the criteria for participating will be announced (e.g., first caller, first six callers, tenth caller, etc.). Only calls to the announced number are eligible to win. Calls to any other phone number are not eligible entries. If the Sponsor receives less than the requested number of calls (e.g., only 9 callers when the Sponsor is looking for the 10th caller) within a reasonable period of time (as determined by Sponsor), Sponsor reserves the right to determine the potential Trivia Game Participant as the last call received within the time period (as determined by Sponsor), or to re-conduct that contest at a later time, or to cancel that winning opportunity and not award the associated prize.
The eligible potential Trivia Game Participant will be deemed the actual Trivia Game Participant once eligibility has been verified at Sponsor's sole discretion and given the opportunity to play the Trivia Game by answering a series of four (4) trivia questions as determined by the Sponsor. If the Trivia Game Participant correctly answers each of the four (4) trivia questions on the telephone, he/she shall be awarded the daily prize(s) (subject to verification) ("Daily Prize"). As each of the Trivia Game questions are announced, the Trivia Game Participant will be given a reasonable amount of time from the time the question is asked to respond with an answer, as determined by Sponsor in its sole discretion, and will be given only one (1) attempt to answer each trivia question. If Trivia Game Participant does not correctly answer a trivia question as determined by Sponsor in its sole discretion, the Daily Prize will not be awarded to him/her and the Sponsor may move on to an alternate Trivia Game Participant by making another Daily Announcement. As time permits, in each daily Trivia Game, the Sponsor will continue to attempt to award the Daily Prize until a winner is determined. Un-awarded Daily Prizes will roll over into the next Daily Entry Period. If the telephone call is disconnected or technical difficulties are experienced during the call, the Sponsor will make one (1) attempt to call the potential Trivia Game Participant back at the number provided by the Trivia Game Participant during the pre-screening. If the potential Trivia Game Participant is still not able to be reached, then he/she will forfeit his/her participation in the Trivia Game. Only the Daily Trivia Participant can play the Trivia Game and no other person(s) may answer for, or on behalf of a Daily Trivia Participant. At the election of Sponsor, in its sole discretion, the Contest may not be played every weekday, may be suspended during the Contest Period due to production exigencies and/or other promotions (e.g. to conduct other home viewer promotions). Due to production exigencies, which may include but are not limited to host illness, pre-emption(s), holidays, guest cancellations, Show segment time overages, extreme weather conditions etc., there may be occasions when the Contest will differ without notice and/or the Trivia Game may not be played.
Except where prohibited, participation in the Contest constitutes your consent to Sponsor's use of your name, voice, picture, likeness, contest entry, and state of residence for promotional purposes in any media without further payment or consideration.
The Sponsor may elect to pre-tape, re-run or re-edit the Show(s) during the Contest Period with or without a Trivia Game played, but may conduct the Trivia Game(s) prior to the last broadcast date due to the Show's production schedule. All entries become the property of the Sponsor and will not be acknowledged or returned.
WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
No Entry by a group or organization will be considered. By participating, each entrant acknowledges reading, accepting, and agreeing to these Official Rules, located at http://m.mlb.com/network/contact-us/ and agrees to complete any and all documentation required (as applicable), if requested, in order to participate as a participant and/or be eligible to win a prize. Participants in violation of these Official Rules will be disqualified. By entering the Contest, each Participant represents and warrants that he/she is not subject to any agreement or arrangement that would interfere with him/her entering this Contest and assigning all the rights to his/her Entry (if applicable) assigned hereunder. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.
PRIZES/APPROXIMATE RETAIL VALUE ("ARV")/PRIZE CONDITIONS: Daily Prizes: There are five (5) total Daily Prizes available to be won during the Contest Period. Each Daily Prize consists of one (1) set of two (2) tickets to a MLB regular season game, as determined by the Sponsor.
ARV of each Daily Prize set of tickets: $100. Total ARV of all Daily Prizes: $500.
PRIZE CONDITIONS: Prizes are non-assignable, transferable, or redeemable for cash. No substitution is permitted except at the sole discretion of Sponsor or if prizes are unavailable, in which case a prize of equal or greater value will be awarded. All prize details are at Sponsor's sole discretion. Any other incidental expenses on prizes not specified herein are the winner's sole responsibility including but not limited to, any and all transportation to/from game, accommodations, food, beverages, souvenirs, and parking. In no event shall more prizes be awarded than the number stated in the "Prizes" section above, and fewer may be awarded if insufficient qualified entries are received. Prize winners shall be solely responsible for all federal, state and/or local taxes. Winners may be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prizes being offered, except that each merchandise prize shall be subject to its manufacturer's standard warranty (if any).
Tickets awarded as part of the Grand Prize are subject to additional terms and conditions stated on such tickets. Seat locations will be determined by Sponsor. Sponsor and the other MLB Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever. Sponsor and the other MLB Entities shall not be liable for any loss, damage, or injury to persons or property. In the event the Grand Prize winner, and/or his or her guest, engage in behavior that, as determined by Sponsor in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Event experience early, in whole or in part, and send the Grand Prize winner and his or her guest home with no further compensation. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of prize.
WINNER NOTIFICATION: Prize awards are subject to verification of eligibility and compliance with these Official Rules. Each potential Daily Prize winner will be confirmed via email and/or phone and may be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"). Sponsor's decisions are final and binding on all matters relating to this Contest.
If a prize notification is returned as undeliverable, if a potential winner fails to sign and return requested documentation within the specified time period, if a potential winner of any prize cannot be contacted, if a potential winner is found to be ineligible or not in compliance with these rules, or if the selected winner cannot accept or receive the prize for any reason, that potential winner will be disqualified, and the prize may go un-awarded.
WINNER REQUIREMENTS: Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor may use the winner's name or modified name, city, state, voice, picture, likeness, and/or prize information for advertising and/or publicity purposes, or otherwise in connection with or related to the Contest, in Sponsor's and/or its agents' sole discretion, worldwide, in perpetuity, in all forms of media whether now known or hereafter developed, including the Internet, without limitation and without further payment, consideration, or approval from Winner, except where prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
RELEASE: By participating, entrant agrees to release and hold harmless Sponsor, Contest Administrator, the MLB Entities and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest or for any other reason, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
ARBITRATION DISCLOSURE: By participating in this Contest, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against any of the MLB Entities arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Contest; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.
WINNER CONFIRMATION: For a written confirmation of the winners (available after March 31, 2016), send a stamped, self-addressed envelope (no later than April 30, 2016) (postage not required for VT residents), to: MLB Network's High Heat Trivia Contest, Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: The MLB Network, LLC, One MLB Network Plaza, 40 Hartz Way, Suite 10, Secaucus, New Jersey 07094.