Apr 13, 2018 - Minor League Baseball Charities, MiLB Enterprises LLC, MiLB Enterprise .... TO SUPPLY SPONSOR WITH A COMP
Las Vegas 51s “Name the Team” Sweepstakes OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN THIS “NAME THE TEAM” SWEEPSTAKES (THE “PROMOTION”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. 1. ELIGIBILITY: The Promotion is open to legal residents of Nevada who are eighteen (18) years of age or older, and who have a valid email address as of the time of entry (“Participant”). Employees, officers and directors (and their immediate family members, which includes a spouse, parent, child, sibling and their respective spouses and/or any other person residing in their households, whether or not related) of Summerlin Las Vegas Baseball Club, LLC (“Sponsor”), The Howard Hughes Corporation (“Ownership”), the NAPBL Entities (defined below), and the MLB Entities (defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, vendors, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”) are not eligible to enter the Promotion. The “NAPBL Entities” shall mean The National Association of Professional Baseball Leagues, Inc. (“NAPBL”), each NAPBL club, each NAPBL league, Professional Baseball Promotion Corporation, Professional Baseball Umpire Corp., Baseball Internet Rights Company LLC, BIRCO Holding Company LLC, Minor League Baseball Charities, MiLB Enterprises LLC, MiLB Enterprise Holdings LLC and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the NAPBL and the NAPBL clubs and leagues, and all officers, directors, employees, representatives, partners, members and affiliates thereof. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM”), Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC, 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. If there is a dispute as to the identity or eligibility of a Participant, each entry will be deemed made by the Authorized Account Holder (as defined below) of the email address submitted at the time of the entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 2. ACCEPTANCE OF THE OFFICIAL RULES: Please read the following Official Rules carefully. If you do not agree to the Official Rules, do not participate in this Promotion. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Promotion. Sponsor reserves the right, in its sole and absolute discretion, to refuse service or access to any potential participant in the Promotion. Sponsor reserves the right to amend the Promotion’s Official Rules at any time. In the event Sponsor makes such changes, Sponsor will post the changes on this page and the date of the changes at the top of this page. Your participation in the Promotion following such modifications signifies your acceptance of those modifications. The Sponsor reserves the right, in their sole and absolute discretion to cancel, discontinue, terminate or modify the Promotion in whole or in part. Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion.
1
3. THE PROMOTION PERIOD: Promotion entries may be submitted in accordance with these Official Rules between 9:00 AM Eastern Daylight Time on Monday, April 16, 2018, and 10:00 PM Eastern Daylight Time on Monday, April 30, 2018 (the “Promotion Period”). 4. HOW TO ENTER: Participants may enter the Promotion by suggesting an original team name for the Minor League Baseball team in Las Vegas, Nevada (the “Team Name”), through the following two methods: i.
Online Method: During the Promotion Period, Participants may go to www.LV51s.com and click on the banners, buttons and/or links to access the online entry form for the Promotion. Participants who submit all non-optional data requested on the online entry form, including their complete name, date of birth, address, city, state, zip code, telephone number, e-mail address, and a Team Name suggestion via the online entry form will be automatically entered in the Promotion. Entries that do not contain all of the non-optional data or a Team Name suggestion are void and will be rejected without any notice to Participant. Participants will be given the option to receive commercial emails from Sponsor, but eligibility to participate in the Promotion is not dependent upon Participant’s consent to receive such e-mails. All information submitted by Participants is subject to, and will be treated in a manner consistent with, the MiLB.com Terms of Use accessible at: http://web.minorleaguebaseball.com/milb/info/terms.jsp and Privacy Policy accessible at: http://web.minorleaguebaseball.com/milb/info/privacy.jsp. Participants who do not click their agreement to these Official Rules will not have their entries reviewed.
ii.
Mail-in Method: Participants may enter the Promotion by printing his/her full name, address, city, state, zip code, telephone number, e-mail address, suggestion for Team Name, and the following statement: “I acknowledge that I have read, understand, and agree to the Promotion Official Rules” on a standard size postcard and mail to: Las Vegas 51s, Name the Team Sweepstakes, 850 Las Vegas Blvd N, Las Vegas, NV 89101. Sponsor will only use e-mail addresses provided via the mail-in entry method for prize notification purposes. Entries that do not contain all of the data listed are void and will be rejected without any notice to the Participant. Mail-in entries must be received by Sponsor by the end of the Submission Period at 10:00 PM Eastern Daylight Time on Monday, April 30, 2018. Mail-in entries received by Sponsor after the Submission Period, will be rejected, regardless of the postmark date on the mail-in entry. The Promotion Entities shall have no liability for any mail-in entry that is lost, intercepted or not received by the Sponsor for any reason. Mail-in entries become the property of the Sponsor and will not be acknowledged or returned.
Regardless of the method of entry, all entries must include a valid e-mail address for the Participant. Participants may enter the promotion multiple times, but must submit a unique Team Name suggestion with each entry. Incomplete and/or inaccurate entries are void. Entries that do not comply with the submission requirements, the Content Restrictions (defined below) or otherwise with these Official Rules will be void, eliminated and not eligible to win the Grand Prize (defined below). Team Name suggestions submitted by Participants may, in Sponsor’s sole and absolute discretion, be selected for inclusion in a “fan vote” that would allow eligible individuals to vote on their favorite Team Name suggestions. Methods and processes for any such public vote will be established by Sponsor in its sole and absolute discretion. SPONSOR DOES NOT GUARANTEE THAT ANY TEAM NAME SUGGESTIONS WILL BE USED BY SPONSOR OR INCLUDED IN ANY PUBLIC VOTE. 5. CONTENT RESTRICTIONS: Participants must not include any of the following content (the “Content Restrictions”) in any Team Name: (i) pornography, adult-oriented content or any other sexuallyexplicit material; (ii) lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the NAPBL Entities and/or the MLB Entities, or any of their respective owners and employees, or
2
the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Team Name is created. Any Team Name that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration. 6. WINNER DETERMINATION AND PRIZE NOTIFICATION: Subject to further verification and compliance with these Official Rules, the Grand Prize (defined below), will be awarded to one (1) individual randomly selected by the Sponsor on May 4, 2018, from among Participants who completed the entry process during the Promotion Period (the “Winner”). PARTICIPANTS NEED NOT BE PRESENT AT THE TIME OF SELECTION TO WIN. The Winner will be notified by Sponsor by e-mail with instructions for claiming the Grand Prize. If the Winner does not respond to any such notification by providing the requested information within three (3) business days after receipt of the e-mail, the Winner will be disqualified and will not be eligible to receive the Grand Prize. If a disqualification occurs, an alternate Winner may be randomly selected by Sponsor, in its sole and absolute discretion. Any such alternate Winner must comply with the same requirements as the original disqualified Winner to be eligible to receive the Grand Prize. As a condition of being awarded the Grand Prize, the Winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility, a Release of Liability and an Irrevocable, Royalty-Free Assignment of the Participant’s Rights in favor of Sponsor (the “Winner Release Documents”), which must be completed, notarized and returned to the Sponsor within ten (10) business days of receipt. The Winner Release Documents will be provided to the Winner by e-mail. If the Winner Release Documents are not properly executed and notarized and returned to Sponsor within ten (10) business days of receipt, the Winner will be disqualified. If a disqualification occurs, an alternate Winner will be selected as outlined above. 7. PRIZE AND ODDS: The Winner will receive one (1) $500.00 shopping spree to use at the Team Shop, to be located in the Las Vegas Ballpark in Las Vegas, Nevada, estimated to be open in 2019 (the “Grand Prize”). All costs and expenses not specified herein, related to the Grand Prize, including but not limited to transportation costs, taxes and gratuities and other expenses incurred by accepting and using the Grand Prize are the sole responsibility of the Winner. No substitutions or transfers of the Prizes are allowed, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Grand Prize (or portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The odds of winning the Grand Prize will depend upon how many valid entries are received during the Promotion Period, and are not reasonably calculable. 8. TAXES: THE WINNER IS RESPONSIBLE FOR ANY AND ALL APPLICABLE FEDERAL, STATE, INTERNATIONAL AND LOCAL TAXES RESULTING FROM THE GRAND PRIZE, INCLUDING BUT NOT LIMITED TO, INCOME AND WITHHOLDING TAXES. THE WINNER MAY BE REQUIRED TO SUPPLY SPONSOR WITH A COMPLETE AND VALID IRS FORM W-9. 9. RELEASE: The Promotion Entities and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the “Released Parties”) shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected online or mailed entries, for incorrect, inaccurate or incomplete entry information whether caused by an Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. The Released Parties shall not be responsible for typographical or other human or technical errors in the offer or administration of this Promotion, including but not limited to, errors in advertising, the Official Rules, the selection and announcement of the Winner or the distribution of the Grand Prize.
3
The Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Grand Prize, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Promotion, Winner agrees to hold harmless and fully release the Released Parties and each of their respective parent companies, trustees, subsidiaries, franchisees, licensees, employees, agents, independent contractors and advertising and promotional agencies from any and all liability for any injuries, losses, death, or damages of any kind caused by the Grand Prize or resulting from the acceptance, possession, quality, use or misuse of the Grand Prize or travel related to the receipt or use of the Grand Prize. 10. CONSENTS, LICENSES, & PUBLICITY: By entering this Promotion, each Participant does hereby: i.
agree that his/her Team Name is an original work of authorship and that, as of the date of submission, he/she owns all right, title and interest in the Team Name or has all necessary rights in the Team Name in order to submit it to Sponsor under the terms of these Official Rules;
ii.
consent to the collection by Sponsor (or its designee) of his/her personal information, including without limitation name, date of birth, address (city and state/territory of residence), telephone number(s) and email address(es) (the “Personal Information”) in connection with the Team Name and in accordance with the Privacy Policy accessible at http://web.minorleaguebaseball.com/milb/info/privacy.jsp.
iii.
grant to Sponsor, the NAPBL Entities, MLBAM and each of their respective designees the perpetual and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from his/her Team Name throughout the world and in perpetuity, including, but not limited to, the right for Sponsor, the NAPBL and/or MLBAM, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Team Name via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the Participant or his/her heirs and successors, (1) on its own or as part of any audiovisual or other production; (2) to advertise any products, programming or services of the NAPBL Entities and MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (3) for any other purpose whatsoever;
iv.
acknowledge and agree, with respect to the Personal Information, that the NAPBL Entities and MLB Entities shall have the right (subject to applicable law) to analyze and use the Personal Information for any and all purposes, including without limitation sending him/her advertising and promotional materials and for any other advertising, marketing and promotional purposes; and share the Personal Information with third parties for their advertising, marketing and promotional purposes or for any other purposes;
v.
grant to Sponsor and its affiliates, agents, and successors and assign a royalty-free, fully paid, nonexclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, display, store, distribute, Participant’s name, likeness, photograph, voice, biographical information, prize information, hometown, and state for promotional purposes in any media whatsoever. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such uses. Sponsor is not obligated to use any of the abovementioned information, but may do so and may edit such information or materials, in Sponsor’s sole discretion, without further notice obligation or compensation, unless prohibited by law;
vi.
acknowledge that Participant shall have no right of approval of any use of the Team Name and the Personal Information as permitted hereunder;
4
vii.
agree that Participant shall use any copy of the Team Name that he/she obtains solely for his/her personal, non-public, non-commercial use; and
viii.
release and indemnify in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Team Name, the Personal Information and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy.
Nothing herein will obligate the Promotion Entities to make any use of any of the rights set forth herein. 13. LIMITATIONS: If for any reason the Promotion is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, theft, technical failures, or any other causes beyond the control of the Promotion Entities which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, the Promotion Entities reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. In such event, Sponsor further reserves the right to randomly select the Winner from among the valid entries received as of the termination date. Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate this Promotion (or any portion thereof) for any reason, including without limitation, equipment failure or malfunction, challenges by any legal or regulatory authority, acts of God, natural causes, labor disputes, or fire, flood or other casualties. In such event, the Sponsor, the NAPBL Entities and the MLB Entities shall have no liability to any Eligible Participants who are disqualified due to such an action. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, mis delivery , loss or destruction or unauthorized access to, or alteration of, entries. The Promotion Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Promotion. The Promotion Entities are not responsible if any mailed entries are not timely received as a result of any actions by the United States Postal Service or any of its employees, or for any lost, misdirected, delayed or misdelivered mail entries. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, THE NAPBL ENTITIES AND THE MLB ENTITIES AND EACH OF THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 14. CHANGE OF ADDRESS POLICY: It is the sole responsibility of the Participant to notify Sponsor if his or her contact information changes. 15. INTELLECTUAL PROPERTY: Minor League Baseball trademarks, service marks and copyrights are proprietary to the NAPBL Entities. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved. 16. DISPUTES, GOVERNING LAW, & JURISDICTION: Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed exclusively by Nevada law
5
without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Promotion or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and, (B) filed only in the state or federal courts situated in Clark County, Nevada, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and, (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual outof-pocket expenses incurred in submitting any Team Name, and any and all rights to have damages multiplied or otherwise increased. 17. MISCELLANEOUS: If, but only to the extent that, any provision of these Official Rules is declared or found to be illegal, unenforceable, or void, then both Participants and Promotion Entities shall be relieved of all obligations arising under such provision, it being the intent and agreement of the Participants and Promotion Entities that these Official Rules shall be deemed amended by modifying such provision to the minimum extent necessary to make it legal and enforceable while preserving its intent. It is the specific intent and request of the parties that the court or other adjudicative body called upon to interpret or enforce these Official Rules modify such provision to the minimum extent necessary so as to render it enforceable. If such amendment is not possible, another provision that is legal and enforceable and achieves the same objectives shall be substituted therefor. If the remainder of these Official Rules is not affected by such declaration or finding and is capable of substantial performance by the parties, then the remainder shall be enforced to the extent permitted by law. Sponsor shall not be deemed to have waived any covenant, condition, or agreement to be performed by Participants unless such waiver is in writing and executed by a duly authorized officer of Sponsor. No waiver by Sponsor of any covenant, condition, or agreement to be performed by the other shall constitute a waiver of such covenant, condition, or agreement on any other occasion or of any other covenant, condition, or agreement. Headings of the sections of these Official Rules are for reference purposes only and do not constitute terms or conditions of these Official Rules, nor shall they limit or affect the terms hereof. 18. WHO WON: For the name of the Winner (available after May 4, 2018), or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: Las Vegas 51s, Name the Team Sweepstakes, 850 Las Vegas Blvd N, Las Vegas, NV 89101, and specify either “Official Rules” or “Grand Winners List. 19.
SPONSOR’S CONTACT INFORMATION: Summerlin Las Vegas Baseball Club, Las Vegas 51s, 850 Las Vegas Blvd North, Las Vegas, NV 89101
Last Updated April 13, 2018.
6
