The "Take Me Out To The Ballgame" Video Contest presented by Baby Ruth
NO PURCHASE NECESSARY TO ENTER OR WIN.
THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND WASHINGTON D.C. WHO ARE EIGHTEEN (18) YEARS OR OLDER (EXCEPT IN THE CASE OF LEGAL RESIDENTS OF CERTAIN STATES OR WASHINGTON DC WHERE THE AGE OF MAJORITY IS GREATER THAN EIGHTEEN (18) YEARS OF AGE, SUCH AGE OF MAJORITY), AND HAVE A VALID E-MAIL ADDRESS AND INTERNET ACCESS AS OF THE DATE OF ENTRY. THIS CONTEST SHALL BE CONSTRUCTED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES AND WASHINGTON D.C.
Sponsored By Nestle, USA. Inc. (the "Sponsor")
How To Enter: To enter The "Take Me Out To The Ballgame" Video Contest presented by Baby Ruth (the "Contest"), go to MLB.com/babyruth between 12:01 a.m. Eastern Time ("ET") on March 31, 2008 and 11:59 p.m. ET on May 26, 2008 (the "Contest Period") and click on the Contest banners, buttons and/or links to access the online entry form for the Contest. To enter, participants must (a) read, acknowledge and agree to these Official Rules including the Consent, Assignment and Release agreement (set forth below); and (b) provide their complete name, date of birth, address, city, state, ZIP/postal code, telephone number, e-mail address and video submission (such video submission, the "Submission") pursuant to (1) the Video Submission Requirements (set forth below), and (2) the Contest Restrictions (as set forth in the Contest Restrictions section below). By successfully transmitting all required information including your Submission, you will be entered in the Contest and be a "Participant."
Submission: Video Submission must show Participant performing the song "Take Me Out To The Ballgame" ("Submission") keeping the integrity of the lyrics. Submission must feature/include BABY RUTH branding, logos or packaging within the video. Creative assets will be available at MLB.com. Limit one (1) Submission per person. Contest ends and entries must be received by 11:59 p.m. ET on May 26, 2008. MLB.com's computer shall be the official clock of the Contest. Online entry only. No other method of entry will be accepted.
Submission must meet all of the following requirements or it will be disqualified:
You must abide by these requirements in order to be eligible for this Contest. Sponsor, MLB Advanced Media, L.P. ("MLBAM") and Major League Baseball Properties, Inc. ("MLBP") reserves the right to prescreen, monitor, and remove postings, all at its discretion. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
Video Submission Requirements ("Video Submission Requirements"): Participants must upload their Submission as directed during the Contest entry process in accordance with the following requirements.
CONSENT, ASSIGNMENT AND RELEASE:
- Submission must be in one of the following formats: . avi, mov, mpg, wma, .mp3, .mpeg, .dv, .gcelp, .wav, .wmv, .qt, .mp4,.amr-nb, .mod, .3g2, .asf, .3gp, .flv, .movieclip. Submission may not exceed (a) a file size larger then 100MB , and/or (b) two (2) minutes in length.
- Submission must be in the English language.
- Submission must be original, unpublished, the sole property of submitter, and not previously submitted in any other contest.
- Submission must maintain the integrity of the song lyrics.
- Submission must include the Participant as the lead performer singing the song "Take Me Out to The Ballgame."
- The Baby Ruth brand must be incorporated into Submission visually either with an image of the bar, packaging and/or brand logo.
- Participants will 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) lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (v) content in violation of third party rights including, but not limited to: copyrights, including music copyrights, trademark right of publicity or any other proprietary rights; (vi) libelous, defamatory, disparaging, tortuous or slanderous materials; (vii) content that denigrates, disparages or reflects negatively on (a) the Sponsor, the MLB Entities (as defined in the Eligibility section below), or any of their respective owners and employees, or the game of baseball, or (b) any person, company, product or service; (viii) tobacco, alcohol or drugs; (ix) dangerous stunts; (x) real weapons of any kind including, but not limited to, guns, knives or projectiles; (xi) 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; (xii) individuals under the legal age of majority without enclosing signed release from parent or guardian; (xiii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiv) material that is unlawful, 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 and/or MLBAM, as applicable will be disqualified and eliminated from consideration.
- Submission must not include imitations of famous people or characters from movie/shows, etc.
- Participants must obtain written permission and all other necessary authorizations from any identifiable person that appears in, is heard in, or otherwise contributed to the Submission (each, a "Third Party Participant") allowing use of his/her name, likeness/voice or contribution in the Submission, and each Third Party Participant must pass along all rights for usage to Sponsor, MLBAM and/or MLBP Third Party Participants must be of legal age of majority in the jurisdiction where they reside, unless a Third Party Participant Release has been executed by the parent or guardian of such Third Party Participant. Semi-Finalists and Finalists, as defined below, may be required to provide evidence of all written permission(s) and authorization(s) obtained from Third Party Participants, immediately upon request by Sponsor and/or MLBP or prizes may be forfeited and, at Sponsor's sole discretion, awarded to the runner-up (if applicable).
- MLBAM and/or its designees reserve the right not to post any Submission.
- As a condition of participation in the contest, Participant and all Third Party Participants agree that in the event their likeness, including performance, voice and image in any form, as incorporated in the Submission, in whole or in part, are used in any advertising such that the use is subject to the SAG Commercials Contract, each agrees to sign such standard contract and accept the minimum amount of compensation due pursuant to the SAG Commercial Contract.
In exchange for the opportunity to participate in this Contest, and the possibility of the use of Participants Submissions and/or the Participants appearing in an audio and/or visual production, the receipt of which opportunities shall be sufficient consideration for this Consent, Assignment and Release, each Participant does hereby:
- agree that his/her Submission is an original work of authorship and he/she owns all right, title and interest in the Submission as of the date of submission;
- consent to the collection by MLBAM (or its designee) of his/her personal information, including without limitation name, street and email addresses (collectively, the "Personal Information") in connection with the Submission;
- assign to the MLB Entities or its designees, any and all of his/her right, title and interest in or to the Submission throughout the world and in perpetuity, including, but not limited to, the right for MLBAM and/or MLBP, as applicable, to display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission, on television, the Internet, print or any other media currently existing and hereafter developed and without payment of any compensation to the Participant or his/her 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 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;
- agree that the foregoing assignment of rights includes without limitation the right (i) to use his/her name (and any other Personal Information that may be incorporated into the Submission), 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 licensee others to use the Submission for all of the purposes hereunder;
- acknowledge and agree, with respect to the Personal Information, that 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; (ii) analyze and use the Personal Information for any and all purposes, including without limitation sending you advertising and promotional materials and for any other advertising, marketing and promotional purposes; and (iii) to share the Personal Information with third parties for their advertising, marketing and promotional purposes or for any other purposes;
- (acknowledge that Participants shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
- agree that the Submission shall only be used as an entry to the Contest and for no other purpose including, without limitation, posting on any other website (e.g., YouTube, mySpace, etc.) ; and
- release 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 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 that any individual(s) appears with any Participant(s) in the Submission but does not submit a separate Third Party Participant Release, such Participant hereby represents and warrants (i) that such individuals(s) has authorized such Participant to agree to this Consent, Assignment and Release on his/her behalf (or, with respect to any individual under the legal age of majority, that such Participant is the parent and/or guardian of such individual(s) with legal authority to act on behalf of such individual(s)), and (ii) that such Participant agrees to this Consent, Assignment and Release on behalf of such individual(s).
Judging: A panel of staff members of Sponsor and MLBP (the "Judges") will judge all Submissions received during the Contest Period, and select ten (10) semi -finalists (each a "Semi-Finalist" and collectively, the "Semi-Finalists"), based on the following criteria: Originality 80%, Creative use and/or incorporation of the Baby Ruth brand 15% and Quality of Production 5%. In the event of a tie, the score for Creative use and/or incorporation of the Baby Ruth brand will be used as the tiebreaker. All Semi-Finalists will be notified via email and /or phone on or about May 29, 2008
Each Semi-Finalist may be required to submit his/her valid social security number and/or other identification to Sponsor and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, where legal, Publicity within five (5) days of 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 Prize Notification as undeliverable may result in disqualification and prize will be forfeited and, at Sponsor's sole discretion, awarded to the runner-up (if applicable).
Each of the ten (10) Semi-Finalist's Submissions will be featured on MLB.com/babyruth between 12:01am ET on June 9 and 11:59pm ET on June 30, 2008 (the "Voting Period") during which time visitors to MLB.com will have the opportunity to vote for their favorite Submission(s) Limit twenty-five (25) votes per email address during the Voting Period. The three (3) entries that receive the most votes during the Voting Period will be deemed to be the three finalists (each a "Finalist" and collectively, the "Finalists"), and the remaining seven (7) Semi- Finalists will be deemed to be "First Prize" winners, subject to verification and compliance with the Video Submission Requirements, the Contest Restrictions, eligibility requirements. and all other terms and conditions set forth in these Official Rules. First Prize Winners will be notified on or about July 2, 2008. In the event of a tie during the Voting Period, Judges will determine the three (3) Finalists based on the original judging criteria stated above.
As noted above, each Finalist will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and where legal, Publicity by July 8, 2008 or prize will be forfeited in its entirety and, at Sponsor's sole discretion, awarded to the runner-up (if applicable).
The three (3) Finalists will appear on July 15th, 2008 before a panel of judges selected by MLBP and Sponsor (the "Final Judges") at the 2008 MLB All Star Weekend Event hosted in the Baby Ruth branded area within the 2008 All-Star FanFest at the Jacob K. Javits Convention Center in New York, NY. Participants will be asked to answer an interview question and sing their version of "Take Me Out To The Ballgame" as performed in their Submission and will be judged based on the following criteria: (a) response to interview question asking why they think they should be selected to lead the singing of "Take Me Out To The Ballgame" during the All Star Game (20%), (b) re-play of original Submission (70%), and (c) live performance of "Take Me Out To The Ballgame" in front of the Final Judges (10%). One (1) grand prize winner will be selected based upon the foregoing judging criteria (the "Grand Prize Winner") and given the opportunity to lead the singing of "Take Me Out To The Ballgame" during the 7th Inning Stretch of the 2008 MLB All Star Game on July 15, 2008.
Three (3) Finalists will each receive a trip for Finalist and one (1) guest to the 2008 MLB All Star weekend for final judging (the "Finalist Prize"). Each Finalist Prize includes round-trip coach air transportation from a major airport closest to Finalists' residence to New York, NY, two (2) tickets to the 2008 MLB All Star Game to be played on July 15, 2008 at Yankee Stadium in Bronx, NY (the "2008 MLB All-Star Game"), two (2) tickets to the 2008 All-Star FanFest, ground transportation to/from hotel/airport and four (4) days/three (3) nights hotel accommodations (one (1) standard room/ double occupancy). If any of the three finalists or any of their guests reside within 150 miles of Yankee Stadium in Bronx, NY, car service for such finalist(s) and/or guests(s) will be provided in lieu of air transportation. (Approximate retail value ("ARV" up to $4,600).
One (1) Grand Prize Winner will receive, in addition to the Finalist Prize, the opportunity to lead the singing of "Take Me Out To The Ball Game" during the 7th Inning Stretch at the 2008 MLB All Star Game.
Travel restrictions and blackout dates may apply. The Grand Prize and Finalist Prizes do not include tickets to any event or exhibition during the 2008 Major League Baseball All-Star Week other than as specifically set forth herein. Winner and his/her guest must travel together on the same itinerary and are responsible for obtaining all necessary travel documents (e.g., valid photo I.D.). Finalists' travel companion must be of legal age of majority in their jurisdictions of residence, unless traveling with a parent or guardian.
Major League Baseball game, exhibition and event dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or Major League Baseball Properties, Inc., as applicable, and are subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, exhibition or event, as defined by Major League Baseball, is not played due to weather, an act of God, and an act of terrorism, civil disturbance or any other reason. Each winner and his/her guest agree(s) to comply with all applicable stadium regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to Finalist(s) and/or guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, exhibition or event. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation of Major League Baseball games, exhibitions or events. Released Parties will not be responsible for any flight postponements or cancellations associated with any prize (or portion thereof).
First Prizes: The Seven (7) First Prize winners will each receive (a) one (1) 2008 MLB All Star Weekend Gift Bag which will include items to be selected by Sponsor and/or MLBP in their sole and absolute discretion; and (b) a one (1) year supply of BABY RUTH® Product (awarded as three hundred and sixty-five (365) coupons each redeemable for one 2.1 oz bar) ((a) and (b) collectively, the "First Prize") . (ARV of each First Prize: $325.00).
All costs and expenses with prize acceptance and use not specifically stated 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 winner of each prize. If any Finalist is unable to travel on dates specified and agreed to, such finalist will be disqualified, the applicable prize will be forfeited and an alternate finalist may be chosen based on the number of votes received during the Voting Period. There will be no cash substitution for any prizes. Prizes are non-refundable and non-transferable, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value at its sole and absolute discretion. Each winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). Total ARV for all prizes in this Contest: $15,700.
Eligibility: The Contest is open to legal residents of the fifty (50) United States and Washington, D.C. who are eighteen (18) years or older at the time of entry (except in the case of legal residents of certain states or Washington D.C. where the age of majority is greater than eighteen (18) years of age, such age of majority) and have a valid e-mail address and Internet access as of the date of entry. Employees officers and directors (including immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and any person residing in their same households, whether or not related) of Sponsor, the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and promotion and advertising agencies, and any and all other companies associated with the Contest are not eligible to participate or win a prize. The "MLB Entities" shall mean MLBAM, MLBP, Major League Baseball Enterprises, Inc., MLB Media Holdings, Inc., MLB Media Holdings L.P., MLB Online Services, Inc., the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs, Tickets.com, Inc., SportsOnEarth, LLC or any 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, or the directors, officers, employees or agents of the above entities.
By participating in the Contest, each Participant agrees to (i) be bound by these Official Rules, including all entry requirements; (ii) hold harmless, indemnify and waive any and all claims from and/or against Sponsor, the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, officers, directors, representatives, agents, employees, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, the "Released Parties") for any injury(ies), loss(es) or damage(s) of any kind that may occur, directly or indirectly, in whole or in part, resulting from the participation in this Contest or from the receipt, acceptance, use, misuse, possession, and/or loss of any prize; and (iii) grant to Sponsor, MLBAM, MLBP and each of their respective designees the right to publicize such Participant's name, address (city and state of residence), image, photograph, voice and/or other likeness, appearance and performance as embodied in the Submission and/or prize information in any media now known or hereafter devised , throughout the world, in perpetuity without additional compensation or consideration, notification or permission, unless prohibited by law. The Contest is void where prohibited or restricted by law, rule or regulation. This Contest and these Official Rules will be governed by the laws of the State of New York. Any court of competent jurisdiction sitting within the State of New York, New York County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules.
Other Conditions: The Released Parties assume no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Sponsor and MLBAM reserve the right in their sole discretion to cancel or suspend this Contest, in its entirety or in part should virus, bug, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. Released Parties are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest by any technical or human errors which may occur in the processing of the entries in the Contest. Sponsor and the MLB Entities reserve the right at its sole discretion to disqualify any individual who tampers with the entry process or the operation of the Contest or the Contest website or to be acting in violation of these Official Rules and to cancel, terminate, modify or suspend the Contest and, if cancelled, to determine the winners, if any, from among all eligible, non-suspect Submissions achieved up to the point of cancellation.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, MLBAM AND THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY SUCH PARTICIPANT AND RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries must include a valid e-mail address for the Participant. In case of multiple Submissions received from any person , only the first Submission received from such person will be considered. In the event of dispute as to the identity or eligibility of a winner based on an e-mail address, the winning Submission 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.
Winners' Information/Rules: The Semi-Finalists, Finalists and Grand Prize Winner, will be posted on www.mlb.com/babyruth between July 15, 2008 and July 31, 2008. For Contest winner information (available after July 20, 2008 or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: The "Take Me Out To The Ballgame" Video Contest P.O. Box 72955, Rockford MN, 55572. Specify "Rules" or "Winners' List." Requests must be received by July 25, 2008. Residents of VT may omit return postage on rules requests.
Sponsor: Sponsored by Nestlé USA, Glendale, CA 91203.
BABY RUTH ® is the Official Candy Bar of Major League Baseball
Major League Baseball trademarks and copyrights used with permission of the applicable MLB Entities. All rights reserved.