BEAT THE STREAK IN A DAY CONTEST
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 Beat the Streak In A Day contest (the "Contest") 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 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 Enterprises, Inc., Major League Baseball Properties, Inc., 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, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
ENTRY PERIOD: The Contest entry period ("Entry Period") begins at 9:00 AM Eastern Time ("ET") on August 12, 2013, (the "Launch Time") and ends five (5) minutes prior to the start of the first game played on the Game Day (the "Lock Time"). For purposes of this Contest, the "Game Day" shall mean August 13, 2013.
HOW TO PARTICIPATE: Follow the instructions provided to select fifty-seven (57) players (each, a "Selection" and collectively, the "Selections") from a list displayed by MLB.com of MLB players who are on each MLB Club's active roster (the "Active Players List"). You may change your Selections at any time prior to the Lock Time for any MLB player on the Active Players List. The Active Players List may change as a result of injury or other roster changes, so be alert!
SCORING: If any player you select as a Selection gets one (1) or more hits on the Game Day, as determined by MLBAM in its sole discretion based on official scoring, you will receive one (1) point (each, a "Point") for that Selection. If any player you select as a Selection does not get a hit on the Game Day, as determined by MLBAM in its sole discretion based on official scoring, you will not receive a Point for that Selection. Since there are fifty-seven (57) total Selections, any eligible participant can receive a maximum of fifty-seven (57) total Points. Selections will not be updated to reflect any official MLB statistics changes or corrections that may occur after the completion of the entire Game Day's schedule of MLB games. Once an MLB game is final following completion of the Game Day's schedule of MLB games, it will be final for purposes of this Contest. In the event any MLB game scheduled for the Game Day is cancelled for any reason, that MLB game shall not be considered for Points for purposes of this Contest. In the event any MLB game scheduled for the Game Day is delayed, postponed or suspended for any reason, and such MLB game is not completed before 6:00 a.m. ET on August 14, 2013, such MLB game shall not be considered for Points for purposes of this Contest; provided, however, that in the event that any MLB game played on the Game Day is officially suspended, any hits that occur in any portion of the suspended game played prior to 6:00 a.m. ET on August 14, 2013, will be considered for Points for purposes of this Contest. In addition, any MLB game(s) that are added to the Game Day's schedule of MLB games after the Launch Time shall not be considered for purposes of this Contest; provided, however, that in the event any MLB game(s) are scheduled as a double header for the Game Day, then (a) only hits officially scored as hits in the first MLB game of the double header shall be considered for Points for purposes of this Contest; and (b) any hits officially scored as hits in the second MLB game of the double header shall not be considered for Points for purposes of this Contest.
GRAND PRIZE WINNER DETERMINATION: The eligible participant, if any, to accumulate fifty-seven (57) Points, as determined and verified by MLBAM in its sole and absolute discretion, will win five million, six hundred thousand U.S. dollars (US$5,600,000) (the "Grand Prize"). For the avoidance of doubt, a maximum of one (1) Grand Prize will be awarded. The Grand Prize will be awarded as the winner's choice of either a thirty (30) year annuity or as one (1) lump sum payment representing the estimated present value of that annuity as of March 31, 2013. The annuity will be one hundred eighty-six thousand six hundred sixty-seven U.S. dollars (US$186,667) per year (the "Annual Payments") for thirty (30) years without interest and the lump sum payment will be the estimated present value of five million, six hundred thousand U.S. dollars (US$5,600,000) as of March 31, 2013 of approximately three million six hundred seventy-six thousand two hundred seventy-one U.S. dollars (US$3,676,271). In the event of a tie for the Grand Prize, as determined and verified by Sponsor, the Grand Prize will be divided evenly among all tied, eligible entrants. IN NO EVENT WILL MORE THAN ONE (1) GRAND PRIZE BE AWARDED DURING THE PROMOTION PERIOD.
FIRST PRIZE WINNER DETERMINATION: If no participant accumulate fifty-seven (57) Points, as determined and verified by MLBAM in its sole and absolute discretion, the eligible participant with the most Points will win one (1) Dunkin Donuts gift card valued at one thousand U.S. dollars (USD$1,000) (the "First Prize"). Approximate Retail Value (ARV) of the First Prize: $1,000. For the avoidance of doubt, the First Prize will only be awarded if no eligible participant accumulates fifty-seven (57) Points, as determined and verified by MLBAM in its sole discretion. The First Prize will be awarded in the form of a check as one (1) lump sum payment.
TIEBREAKERS: In the event of a tie for the First Prize, the following tiebreakers will be used among the remaining tied participants in the following order:
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. All gift cards are subject to terms and conditions as set by issuer. Visit https://www.dunkindonuts.com/content/dunkindonuts/en/ddcard.html for details. Each winner is fully responsible for any and all applicable federal, state, provincial and local taxes (including income and withholding taxes). Prizes will be awarded in the form of a check in U.S. dollars. 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). 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 any prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
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, 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/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. All information submitted by participants in connection with this Contest is provided to MLBAM and not to Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
The MLB.com Beat the Streak In A Day 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, 2013, to: Beat the Streak In A Day Contest Winner's List c/o Melissa Wester, 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 and the Beat the Streak mark used herein are proprietary to the MLB Entities. All rights reserved.