NO PURCHASE NECESSARY TO ENTER OR WIN. 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.
The object of the 2013 MLBAM Bases Coded Challenge (the "Competition") is to submit an original baseball-themed gaming product to be developed using certain data and other materials provided by MLBAM (the "Submission"). A panel of judges that will include staff members of MLB Advanced Media, L.P. ("MLBAM") and one (1) or more industry experts (such experts along with MLBAM shall be known collectively as the "Judges") will select the most compelling Submissions based upon criteria set forth in the Judging section below.
ELIGIBILITY:The Competition is open only to legal residents of the fifty (50) United States and Washington, D.C. who (a) are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry; and (b) join a team of at least two (2) and up to six (6) other eligible participants (each, a "Team"). No other person(s) are eligible. No employees, spouses or family members of MLB Advanced Media, L.P. or any of its sponsors are eligible to participate. The Competition is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
SUBMISSION REQUIREMENTS On or about April 8, 2013, MLBAM will distribute instructions and materials to all participating Teams in a form and format to be determined by MLBAM in order for each Team to prepare and finalize their Submission. Each Team must submit their Submission as directed by MLBAM by no later than 11:59:59 p.m. ET on May 3, 2013 to be eligible. Submission must be (a) a fully executable program and (b) submitted to an assigned private FTP folder provided by MLBAM in file and formats to be determined by MLBAM. Upload should contain all files and assets used on the Submission and represent the fully functional code of the final product ((a) and (b) the "Submission Requirements"). Submissions that do not comply with the Submission Requirements, the Content Restrictions (as defined below) or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. Limit one (1) Submission per person, per e-mail address and per Team. Additional entries beyond the specified limit will be void. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
JUDGING The Judges will judge all eligible Submissions to determine the three (3) most compelling Submissions (each, a "Finalist Submission" and collectively, the "Finalist Submissions") submitted by all eligible Teams based on the following judging criteria (the "Judging Criteria"):
Each eligible Team that submitted a Finalist Submission (each, a "Finalist Team") will be notified via e-mail on or about May 10, 2013. In the event that any potential Finalist Team does not respond to such notification within twenty-four (24) hours of the time of issuance or declines to participate in the Final Judging Event (defined below) for any reason, a disqualification will result and, at MLBAM's sole discretion and time permitting, an alternate potential Finalist Team may be selected from among all remaining eligible Submissions.
FINAL JUDGING EVENT: On a date to be determined by MLBAM during the period beginning on or about May 20, 2013 and ending on May 27, 2013, the Finalist Teams will have the opportunity to present their Submissions to the Judges at a time and location in New York, NY to be determined by MLBAM (the "Final Judging Event"). At least one (1) eligible Participant of each Finalist Team must be able to attend the Final Judging Event. TRANSPORTATION TO/FROM THE FINAL JUDGING EVENT WILL NOT BE PROVIDED BY MLBAM. Each Finalist Team, at their sole cost and expense, is solely responsible for securing all transportation and lodging associated with attending the Final Judging Event; provided, however, that MLBAM will use commercially reasonable efforts to provide video conferencing and/or other means for eligible Participants on a Finalist Team to attend the Final Judging Event remotely. Any Finalist Team that is not able to attend the Final Judging Event in person or remotely may be disqualified and eliminated from consideration in MLBAM's sole and absolute discretion.
WINNER SELECTION: At the Final Judging Event, each Finalist Submission will be judged by the Judges based on the Judging Criteria to determine the most compelling Finalist Submission (the "Winning Submission"). Subject to verification of eligibility and compliance with the terms of these Official Rules, each eligible Participant of the Finalist Team that submitted the Winning Submission, as determined by the Judges, will be declared the official winners of the Grand Prize (defined below) (the "Grand Prize Winners"). Subject to verification of eligibility and compliance with the terms of these Official Rules, each eligible Participant of each Finalist Team that submitted the eligible Submission with the next highest scores after the Grand Prize Winners are selected will be declared the official runner-up winners (each a " Runner-Up Winner") and receive the Runner-Up Prize (defined below). In the event of a tie for any potential winning Finalist Submission, the score for Product Quality will be used as the tiebreaker.
PRIZES: Three (3) prizes (each, a "Prize" and collectively, the "Prizes") will be awarded as follows:
Grand Prize (1): The Grand Prize Winners will receive the opportunity to work as a paid independent contractor for MLBAM for an approximate two (2) month period in order to further develop their Submission under the supervision and direction of MLBAM (the "Grand Prize"); provided, however, that (i) each such Grand Prize Winner must fully comply with and satisfy all requirements set forth in these Official Rules, including those set forth in the Notification section below; and (ii) each such Participant must sign an independent contractor agreement with MLBAM which will set forth the rules, requirements, terms and conditions, as determined in MLBAM's sole and absolute discretion, of such Grand Prize Winner's participation in the Grand Prize (the "Contractor Agreement"). In the event any such Grand Prize Winner does not, or is not able to, sign the Contractor Agreement, he/she will be disqualified and forfeit the Grand Prize. The duties of the Grand Prize Winner shall be determined in the sole discretion of MLBAM. The Contractor Agreement does not, and will not, create an employee-employer relationship, partnership, joint venture or other association between MLBAM and any Grand Prize Winner. The Grand Prize Winner will be compensated in a form and frequency at the sole discretion of MLBAM. TRANSPORTATION, LODGING AND HOUSING COSTS ARE NOT INCLUDED IN THE GRAND PRIZE. Each Grand Prize Winner, at his/her sole cost and expense, is solely responsible for securing all transportation, lodging and housing costs associated with the Grand Prize. Grand Prize will be subject to each Grand Prize Winner's agreement to separate rules and requirements determined in the sole and absolute discretion of MLBAM. For the avoidance of doubt, MLBAM shall be under no obligation to publish, sell or otherwise make the Submission available commercially.
Runner-Up Prize (2): Each Runner-Up Winner will receive a prize package that includes merchandise selected in MLBAM's sole discretion (the Runner-Up Prize") ARV of each Runner-up Prize: $100.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of the MLBAM. The Prizes are non-transferable and non-assignable, with no cash redemptions except at MLBAM's sole and absolute discretion. MLBAM reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. The winners are fully responsible for any and all applicable federal, state 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 lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the winners. Limit one (1) Prize per person and per Team.
COMPETITION ADMINISTRATION: MLBAM will be responsible for resolving any disputes and rules violations that arise in connection with the Competition. Sponsor's computer will be the official clock of the Contest. All decisions by MLBAM regarding the Competition shall be final and binding in all respects.
CONSENT, ASSIGNMENT AND RELEASE: All participants must execute the Consent, Assignment and Release provided in connection with registration to be eligible, which Consent, Assignment and Release is hereby incorporated into these Official Rules.
LICENSE TO MLBAM PROPRIETARY RIGHTS: All participants must execute the License to MLBAM Proprietary Rights provided in connection with registration to be eligible, which License to MLBAM Proprietary Rights is hereby incorporated into these Official Rules.
CONTENT RESTRICTIONS: Participants must not include any of the following content (the "Content Restrictions") in any Submission: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the MLB entities, their owners and employees, or 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, or otherwise in violation of or contrary to the laws or regulations in any state where the Submission is created. Any Submission that does not comply with the foregoing, in the sole discretion of MLBAM, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential Prize winner will be notified in person, by email and/or telephone by Sponsor and/or MLBAM and may (in Sponsor's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event that any potential winner does not respond to such Prize Notification within twenty-four (24) hours of the time of issuance or declines the Prize for any reason, a disqualification will result and the Prize will be forfeited. Each potential Prize winner may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within five (5) days of the date of issuance. In addition, each potential Grand Prize Winner will be required to submit his/her valid social security number and/or other identification to MLBAM, within five (5) days of the date of issuance of Prize Notification. Failure to submit any identification required by Sponsor or to return any required documentation within any time period specified by MLBAM, the return of such documents, the Prize (or any portion thereof) or Prize Notification as undeliverable, or noncompliance with these Official Rules may result in disqualification and Prize forfeiture.
All applicable federal, state, provincial and local laws and regulations apply. MLBAM's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
MLBAM and its parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees, advertising and promotional agencies, 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 entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Competition, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Competition, the processing of entries or registrations, the tabulation of scores, the cancellation of games or any errors appearing in any Competition related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of Prize winners or the distribution of the Prizes. MLBAM reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Competition.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of any Prize or portions thereof, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Competition, each Participant agrees to indemnify and hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, the Competition, Participant's Submission, or resulting from the acceptance, possession, quality, use or misuse of any Prize, or any portion of any Prize, including any travel or activity related thereto.
The Competition is a skill Competition. This Competition may not be used for, or in connection with, any form of gambling.
If the Competition is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, MLBAM reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Competition and, if terminated, to determine the winners, if any, from among all eligible, non-suspect Submissions submitted up to the point of termination.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, 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 Competition.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MLBAM WILL DISQUALIFY ANY SUCH PARTICIPANT AND MLBAM, AND 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.
In the event that the Competition is challenged by any legal or regulatory authority, MLBAM reserves the right to discontinue or modify the Competition, 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.
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.
MLBAM: 75 Ninth Avenue, New York, NY 10011
Major League Baseball trademarks and copyrights are proprietary to the applicable MLB entities. All rights reserved.