By participating in a Twitter Giveaway (a "Promotion") promoted by @RedSox, @Wally97, @FenwayEvents and/or @RedSoxJP (each such Twitter account, a "Club Account") , you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as "you" or "Participant".
The details and requirements for entry or participation in any Promotion shall be provided by the Club Account from time to time, in the discretion of the Club Account. Participants must follow the directions provided by the Club Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Promotion.
You must be at least 18 years of age (or legal age of majority in your state/province of residence) to participate in a Promotion. A Participant must have a valid, public (i.e. not "protected") Twitter account and be a follower of the applicable Club Account announcing the Promotion to be eligible to participate. Employees, officers, directors, representatives and agents of any MLB entity (listed below) and each of their respective parents, subsidiaries & affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. Club Account will determine giveaway recipients in its sole and absolute discretion, subject to verification of eligibility, receipt of a qualified entry and compliance with these Official Rules and the instructions provided by the Club Account. The time of receipt of any valid entry shall be the time such valid entry becomes available to the Club Account on Twitter.com. The Club Accounts computer shall be the official clock of the Promotion. Limit one (1) entry per person and per Twitter account per Promotion. If you have received a prize in connection with a Promotion in the last 30 days, you're not eligible. If you live more than 100 miles from the ballpark where a game for which tickets are being given away will be played, you are not eligible for that ticket giveaway. TRANSPORTATION TO/FROM GAMES OR ANY OTHER LOCATION, AND ANY LODGING, PARKING, GRATUITIES OR ANY EXPENSES NOT SPECIFIED BY THE CLUB ACCOUNT ARE NOT INCLUDED IN ANY PRIZE. All costs and expenses associated with Prize acceptance and use not specified by the Club Account 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 winner If a Promotion prize recipient is determined to be ineligible, Club Account may, in its sole and absolute discretion, not give away the goods or ticket(s) or may give the goods or ticket(s) to the next eligible follower. You will be required to privately (through Twitter direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize, if you are selected as a Promotion prize recipient. Except for Winner Information (defined below), Club Account will not keep or store your information or use it for any purpose other than sending your giveaway item(s) or providing you information on receiving the item(s). Promotions are subject to all applicable federal, state, provincial, local and municipal laws, rules or regulations and these Official Rules.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties (defined below) from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for any and all applicable federal, state, provincial, local and municipal taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The ARV of any prize is based on available information provided to Club Account and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agrees to (i) be bound by these Official Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), MLB Advanced Media, L.P. ("MLBAM"), 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, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the foregoing entities (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize or any travel or activity related to the Promotion or Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winning Participant, by acceptance of prize, grants to MLBAM and the applicable Club and each of its respective designees the right to publicize his/her name, address (city and state/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") 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. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.