The Marlins Think Tank Sweepstakes
NO PURCHASE OR SUBMISSION OF A LESSON ACTIVITY NECESSARY TO ENTER OR WIN. A PURCHASE OR SUBMISSION OF A LESSON ACTIVITY WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. 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 Marlins Think Tank Sweepstakes (the "Sweepstakes") is open only to legal residents of the State of Florida who are (a) teachers of a fourth, fifth, or sixth grade class ("Class") in an elementary or middle school that is located within one hundred (100) miles of Marlins Park in Miami, Florida ("School"), and (b) eighteen (18) years of age or older at the time of entry. 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 Miami Marlins, L.P. (the "Marlins" or "Sponsor"), the other MLB Entities 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 Sweepstakes are not eligible to participate or win a Prize (defined below). 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" or "MLB.com"), 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. The Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations. Void outside Florida and where prohibited or restricted by law, rule or regulation.
ENTRY PERIOD: The Sweepstakes begins at 9:00 a.m. Eastern Time ("ET") on March 3, 2017, and ends at 11:59 p.m. ET on April 14, 2017 ("Entry Period"). You may enter the Sweepstakes in one (1) of the following two (2) ways: fax or mail. No other method of entry will be accepted. Limit one (1) entry per person, regardless of method of entry. Additional entries beyond the specified limit will be void.
HOW TO ENTER:
Each entrant must have permission from (a) the parent or legal guardian of any student or other individual under the age of eighteen (18) named, or whose work is included, in the Lesson Activity, (b) any individual eighteen (18) years of age or older named, or whose work is included, in the Lesson Activity, and (c) an authorized representative of the School with respect to the School visit. Sponsor, in its sole discretion, may require entrant to verify such permission before awarding the Prize. By successfully submitting a mail or fax entry as directed, you will receive one (1) entry into the Sweepstakes. Entrants must fully complete and submit all data requested above to be eligible. Incomplete and/or inaccurate entries are void. All entries must include a valid e-mail address for the entrant. Sponsor will use e-mail addresses for prize notification purposes only. All entries must be received by Sponsor or postmarked (if using the mail-in method) prior to the end of the Entry Period to be eligible. All entries become the property of the Sponsor and will not be returned. All information provided to the Sponsor will be kept confidential and will not be disclosed to third parties, with the exception of certain non-sensitive information (i.e. telephone number) which may be used for Marlins' marketing purposes. Additionally, the information provided to the Marlins shall be used for eligibility verification, prize notification, and Sweepstakes-related communications.
RANDOM DRAWING: On or about April 24, 2017, sixteen (16) potential winners will be selected by random drawing from among all eligible entries received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Sweepstakes (each a "Winner" and collectively, the "Winners"). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received. Limit one (1) Prize per person.
PRIZES: Sixteen (16) Prizes Will Be Awarded. Each Winner will receive one (1) visit for his/her Class on a date determined by Sponsor at its sole discretion at the Winner's School by a Marlins player, front office employee, or broadcaster, selected in Sponsor's sole and absolute discretion (each a "Prize" and collectively the "Prizes"). (Approximate Retail Value ("ARV") of each Prize: $250.00; total ARV of all Prizes: $4,000.00.) TRANSPORTATION TO/FROM THE SCHOOL NOT INCLUDED. PRIZE IS SUBJECT TO AN AUTHORIZED REPRESENTATIVE OF THE SCHOOL'S APPROVAL OF THE VISIT.
PRIZE CONDITIONS: All Prize details, including, without limitation, the exact person, date, time, duration, and nature of the School visit by the Marlins representative, shall be determined in the sole and absolute discretion of Sponsor and subject to availability. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes), and for obtaining approval for the School visit from an authorized representative of the School. 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 each individual Winner. 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 a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE SCHOOL NOT INCLUDED. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the School visit to any Winner and/or students in his/her Class(es) who engage(s) in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the School visit. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the School visit.
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 or School does not agree to allow the School visit, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. Each potential winner may be required to submit his/her valid social security number, teacher's certificate, and/or other identification to Sponsor and 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. 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 any 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 randomly selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to: (a) be bound by these Official Rules, including all entry requirements; and (b) waive any and all claims against the Sponsor, the other MLB Entities, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes, each entrant gives his/her express permission to be contacted by the Sponsor and/or MLBAM by telephone, e-mail, and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize such Winner's name, address (city and state 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: 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 Sweepstakes-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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prizes or in any Sweepstakes-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 Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsor and/or MLBAM 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 Sweepstakes is unlawful and subject to legal action by the Sponsor, MLBAM and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties: (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof); and (b) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity, or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor and MLBAM also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, 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.
As a condition of entering this Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes, 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 Miami-Dade County, Florida 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 (ii) 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 Florida, U.S.A, applicable to contracts entered into and performed exclusively in Florida.
WINNERS' LIST: For a list of Winners (available after May 15, 2017), mail a request and self-addressed stamped envelope to: Marlins Think Tank Sweepstakes, Miami Marlins, 501 Marlins Way, Miami, FL 33125. Winner's list requests must be received by June 30, 2017.
SPONSOR: The Sponsor of this Sweepstakes is Miami Marlins, L.P., 501 Marlins Way, Miami, FL 33125.
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