2014 Clarks Crew Birthday Card Contest
Official Rules (the "Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the 2014 Clarks Crew Birthday Card Contest (the "Contest") is for the parents of Clarks Crew Members to submit original drawn birthday cards for Wrigley Field (the "Submission"). Staff members of the Chicago Cubs will select the most compelling Submissions in accordance with these Official Rules and based on criteria set forth in the Judging section below.
The Contest is open only to legal residents of the United States who: (a) are eighteen (18) years of age or older at the time of entry; (b) are the parent or guardian of a Clarks Crew member and (c) have a valid email address and Internet access as of June 1, 2014. Employees, officers and directors (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 Chicago Cubs Baseball Club, LLC ("Sponsor"), the other MLB Entities, Chicago Cubs Charities, Chicago Baseball Holdings, Wrigley Field Enterprises, LLC, Wrigley Field Holdings and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win the Prize (defined below). The "MLB Entities" shall mean Sponsor, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs, The MLB Network, LLC, SportsOnEarth, LLC, Tickets.com, Inc., and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside the United States and where prohibited or restricted by law, rule or regulation.
CONTEST ENTRY PERIOD
The Contest entry period begins on June 1, 2014, at 10:00 AM Central Time ("CT") and ends on August 31, 2014 at 8:00 PM CT (the " Contest Entry Period").
HOW TO ENTER
To enter, submit a birthday card for Wrigley Field by emailing email@example.com.
By fully completing and submitting all required information you will be automatically entered in the Contest and be a "Participant." Participants may be given the option to receive (a) commercial e-mails from Cubs.com and/or MLB.com and/or (b) mobile text messages and updates from MLB.com; however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive such e-mails and/or mobile text messages and updates and consenting to receive any such e-mails and/or mobile text messages and updates will not impact any Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Submission Requirements: Participants must email their Submission as directed during the Contest entry process.
Online entry only . No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
All Submissions, regardless of the method of entry, become the property of Cubs and will not be returned.
JUDGING CRITERIA : Employees of Sponsor will judge the entries, based on creativity, originality, age appropriateness (Clark is a kid) and enthusiasm for the Chicago Cubs.
Each eligible Participant that submits a winning Submission, as determined pursuant to the Judging Criteria section above, will be a winner (the " Winner") and each Winners Submission will be displayed: (a) on the LED screens at Wrigley Field; and/or (b) at Clarks Clubhouse located in Wrigley Field (the Prize). (Approximate Retail Value of Prize: $0).
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
CONSENT, LICENSE AND RELEASE
In exchange for the opportunity to participate in this Contest, and the possibility of the use of Submission, the receipt of which opportunities shall be sufficient consideration for this Consent, License and Release, each Participant does hereby:
(1) agree that each Submission is an original work of authorship and that, as of the date of submission, he/she owns all right, title and interest in the Submission or has all necessary rights in the Submission in order to submit it to MLBAM under the terms of these Official Rules;
(2) consent to the collection by Sponsor, MLBAM (or their respective designees) of such Participant's personal information, including without limitation name, date of birth, address (street, city and state of residence), telephone number(s), email address(es) (the "Personal Information") in connection with the Submission;
(3) grant to Sponsor, MLBAM and each of their respective designees the perpetual and unlimited right and license to use, license edit, modify, duplicate and/or create derivative works from his/her Submission throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and/or MLBAM, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed, without limitation and without payment of any compensation to Participant, and/or his/her respective heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever;
(4) agree that the foregoing license includes without limitation the right (i) to use his/her own name (and any other Personal Information that may be incorporated into the Submission) and/or likeness, image, voice, appearance and performance as embodied in the Submission in whole or in part, for advertising, promotional and trade purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, in perpetuity, without notice and without further consideration or compensation, except where prohibited by law; (ii) to edit, alter, distort, add to, rearrange and otherwise modify the Submission, and use the Submission in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use the Submission for all of the purposes hereunder;
(5) acknowledge and agree, with respect to the Personal Information, that the MLB Entities shall have the right (subject to applicable law) to (i) incorporate certain of the Personal Information into the Submission and use such Personal Information as incorporated therein; and (ii) 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;
(6) acknowledge that Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
(7) agree that Participant shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and
(8) release in perpetuity the Released Parties, defined below, from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Submission, the Personal Information and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy.
Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein. In the event any individual(s) appears in the Submission but does not submit a separate Consent, License and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant to agree to this Consent, License and Release on his/her behalf (or, with respect to any individual under eighteen (18) years of age, that Participant is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual or the parent and/or legal guardian of such individual(s) have authorized Participant to agree to this Consent, License and Release on his/her behalf), and (ii) that Participant agrees to this Consent, License and Release on behalf of such individual(s).
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, tortuous 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 signed release(s) from parent or legal guardian; (xii) content owned by any third party (including other professional sports teams); 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 Sponsor, will be disqualified and eliminated from consideration.
Each Winner will be notified by e-mail by Sponsor and/or MLBAM.
All applicable federal, state, provincial and local laws and regulations apply. This Contest and these Official Rules will be governed by the laws of the State of Illinois. Any court of competent jurisdiction sitting within the State of Illinois, Cook County, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and 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 Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, the cancellation of games or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, or the Official Rules. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
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 Contest, each Participant agrees to indemnify and hold harmless and fully release the Released Parties from any and all liability for any claims, allegations, injuries, losses, death, or damages of any kind caused by participation in the Contest, 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 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.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor 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 Contest and, if terminated, to determine the winner, 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, Internet Service Provider (ISP) or lines, computer 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 Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE 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 Contest is challenged by any legal or regulatory authority, Sponsor 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.
For copies of winning Submissions (after August 31, 2014), mail a request and a self-addressed, stamped envelope to: Winner List, 2014 Clarks Birthday Card Contest, 1060 West Addison Street, Chicago, Illinois 60613. Winner List requests must be received by November 30, 2014.
Chicago Cubs Baseball Club, LLC, 1060 West Addison Street, Chicago, Illinois 60613.
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