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 .406 contest (the "Contest") is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states") 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 or jurisdictions 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" or "MLBAM"), the other MLB Entities, Dominos, Inc. and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising agencies, sponsors, promotional companies, and any and all other companies associated with the Contest are not eligible to participate or win a prize. The "MLB Entities" shall mean Sponsor, the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), Major League Baseball Properties, Inc., The MLB Network, LLC, 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 Contest is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
CONTEST PERIOD: The Contest begins at 12:30:00 PM Eastern Time ("ET") on July 20, 2016, and ends following the conclusion of the final game of the 2016 MLB regular season (the "Contest Period"). For purposes of this Contest, the 2016 MLB regular season includes all potential MLB tiebreaker games, if any, played prior to the commencement of the 2016 MLB postseason.
WINNER DETERMINATION: If at the conclusion of the Contest Period, your Selections combine to make the highest batting average during the contest greater than or equal to .200, as determined by MLBAM in its sole discretion based on official scoring, then you will be deemed a potential winner of this Contest and awarded a prize according the Prizes section below; provided, however, to be eligible to win a prize, during the Contest Period your Selections must be credited have had at least two hundred and fifty (250) plate appearances or averaged 3.3 plate appearances each Game Day during the Contest Period. Except as specifically set forth in these Official Rules, only hits and at bats officially scored as hits and at bats during the Contest Period will be counted as valid hits and at bats in the Contest. For the avoidance of doubt, plate appearances which result in a base on balls, hit batsman, defensive interference, obstruction, sacrifice bunt or sacrifice fly, shall not be considered at bats for purposes of this Contest.
SUSPENDED GAMES: The following rules shall apply in the event any 2016 MLB game(s) is officially suspended during the Contest Period (each, a "Suspended Game"):
- Only hits, at bats and sacrifice flies that are officially scored as hits, at bats and sacrifice flies in the portion of the game that was played prior to the point of suspension of such Suspended Game shall count as hits for purposes of this Contest provided either of the following conditions apply at the time such game(s) is suspended:
- The MLB Club that is trailing in the portion of the game that was suspended (i) has made fifteen (15) or more outs in the game, and/or (ii) has completed all of its at-bats for five (5) innings; or
- The home MLB Club (i) has made fifteen (15) or more outs, (ii) has completed all of its at-bats for five (5) innings, and/or (iii) has tied the game in the bottom of the fifth inning.
- Any hits, at bats or sacrifice flies officially scored as hits, at bats and sacrifice flies in the portion of the game that was played prior to the point of suspension of such Suspended Game will NOT count as valid hits for purposes of this Contest provided either of the following conditions apply at the time such game(s) is suspended:
- The MLB Club which is trailing has NOT (i) made fifteen (15) or more outs in the game, and/or (ii) completed all of its at-bats for five (5) innings; or
- An MLB game is tied and the visiting MLB Club has NOT (i) made fifteen (15) outs or more in the game, or (ii) completed all of its at-bats for five (5) or more innings.
- For any Suspended Game, any hits, at bats or sacrifice flies officially scored as hits, at bats and sacrifice flies during the resumption of the Suspended Game will NOT count as valid hits, at bats or sacrifice flies for purposes of this Contest.
STAT CORRECTIONS: For purposes of the Contest, batting averages will not be updated to reflect any official MLB statistics changes or corrections that occur after 9:00 AM ET the following day after the Selection's applicable game. Accordingly, any subsequent official MLB statistics changes will not result in recalculating any batting averages in the Contest. By way of example only, in the event there is an official MLB scoring correction for a game played on Friday, August 15 that changes an error to a hit for a player you selected for that game, and the official MLB statistics change was made at 10:00 AM ET on Saturday, August 16, the scoring change would NOT be reflected in your hit streak.
Grand Prize: The eligible participant with the highest batting average greater than or equal to .406 during the Contest Period, as determined and verified by MLBAM in its sole and absolute discretion, will win four (4) tickets for the Winner and up to three (3) guests to attend each of six (6) regular season MLB games in 2017 (the "Grand Prize") Approximate Retail Value ("ARV") of the Grand Prize: two thousand five hundred U.S. dollars (US$2,500). For the avoidance of doubt, the Grand Prize will be awarded to the eligible participant whose Selections achieved the highest batting average greater than or equal to .406 at the time the Contest Period ends, not the highest batting average at any other point during the Contest Period.
NOTE: Grand Prize will only be awarded if an eligible participant achieves a batting average greater than or equal to .406, as determined and verified by MLBAM, in accordance with these Official Rules.
IN NO EVENT WILL MORE THAN ONE (1) GRAND PRIZE BE AWARDED FOR THE ENTIRE CONTEST.
Top Prize: If no eligible participant achieves a batting average greater than or equal to .406 during the Contest Period, as determined and verified by MLBAM, the eligible participant with the highest batting average during the Contest Period, as determined by MLBAM in its sole discretion, will win one (1) $500 gift card to the MLB.com Shop (the "Top Prize"). For the avoidance of doubt, the Top Prize will be awarded to the eligible participant that achieved the highest batting average at the time the Contest Period ends, not the highest batting average at any other point during the Contest Period.
NOTE: Top Prize will only be awarded if (i) no eligible participant achieves a batting average greater than or equal to .406 in accordance with these Official Rules, as determined by MLBAM; and (ii) an eligible participant achieves a batting average greater than or equal to .200 in accordance with these Official Rules, as determined by MLBAM.
TIEBREAKERS: In the event of a tie for any prize, as determined and verified by MLBAM, the following tiebreakers will be used among the remaining tied eligible participants in the following order:
- The eligible participant with the highest batting average during the Contest Period based on the actual batting average to the fifth decimal place (by way of example only, if eligible participant "A" has a .40613 batting average and eligible participant "B" has a .40602 batting average, then eligible participant "A" would be determined to be the winner);
- The eligible participant whose Selections tally the most total bases during the Contest Period; and
- MLBAM will administer a timed baseball trivia quiz, testing the tied participants' knowledge of Major League Baseball, 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 ANY 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 CONDITIONS: All 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, territory, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with the prize acceptance and use not specified herein as being provided including, but not limited to, any and all expenses incurred by accepting the prize are the sole responsibility of the winner(s). 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 any prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. Gift cards may be subject to certain terms and conditions. See www.mlbshop.com for details. TRANSPORTATION TO/FROM THE GAME, EVENT OR EXHIBITION AND LODGING NOT INCLUDED. Seat locations at the games shall be determined in the sole discretion of Sponsor. Winner's guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. MLB game, event and exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club(s), as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Grand Prize will govern in the event a legal game, event or exhibition, as defined by MLB, is not played or held, as applicable, 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 and venue, as applicable, regulations in connection with the Grand 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 MLB game, event or exhibition. MLB game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Grand Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).
CONTEST ADMINISTRATION: By entering and/or participating in the Contest, each entrant agrees that MLBAM will solely resolve any disputes and rules violations that may arise in connection with the Contest. MLB.com's computer shall be the official clock of the Contest. Any incidence of collusion or cheating, as determined by MLBAM in its sole discretion, will be subject to disqualification from the Contest without limitation to any other rights or remedies available to MLBAM. If you have any questions regarding the Contest, please send an e-mail to MLB.com customer support.
NOTIFICATION: Each 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, the 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. Each 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 Contest 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, Apple, Inc., Facebook and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, sponsors, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, 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 Contest or from the receipt or use of any prize (or any portion thereof) or any travel or activity related to the receipt or use of any prize (or any portion thereof). By entering this Contest, each entrant gives his/her express permission to be contacted by Sponsor or its agents by telephone, e-mail and/or postal mail for Contest purposes. Each winner, by acceptance of the prize, grants to Sponsor and each of its designees the right to publicize such winner's name, address (city and state/territory/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 winners, are final and binding on all matters relating to this Contest. 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 Contest-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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-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 Contest. 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 Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest 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 Contest 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 Contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any 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 its sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). Sponsor reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST 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 Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, 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.
Apple, Inc. is not a sponsor of, or responsible for conducting, the Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
In the event that the Contest is challenged by any legal or regulatory authority, MLBAM reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participants who are disqualified due to such an action.
The .406 Contest 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.
WINNERS' LIST: For a list of winners mail a request and self-addressed stamped envelope to be received by December 1, 2016, to: .406 Contest Winner's List c/o Kirstin Hettinger, MLB Advanced Media, L.P., 75 Ninth Ave., New York, New York 10011. Residents of Canada may omit return postage.
SPONSOR: The Sponsor of this Contest is MLB Advanced Media, L.P., 75 Ninth Ave., New York, New York 10011.
Major League Baseball trademarks and copyrights used herein are proprietary to the MLB Entities. All rights reserved.