THE 2008 PEPSI MLB CLUTCH PERFORMER OF THE YEAR SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY.
SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK. VOID WHERE PROHIBITED.
1. SWEEPSTAKES: The 2008 Pepsi MLB Clutch Performer of the Year Sweepstakes (the "Sweepstakes") starts on May 2, 2008 at 12:00:01 p.m. (noon) Eastern Standard Time ("EST") and ends on October 19, 2008 at 11:59:59 p.m. (midnight) EST (the "Sweepstakes Period"). No Purchase Necessary, and no entry fee, payment or proof-of-purchase necessary to participate in the Sweepstakes. The computer clock of MLB.com is the official timekeeping device of the Sweepstakes.
2. ELIGIBILITY: TO BE ELIGIBLE TO WIN, YOU MUST BE OF LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AND AT LEAST EIGHTEEN (18) YEARS OF AGE) AND A LEGAL RESIDENT OF THE U.S. RESIDING IN ONE OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE SWEEPSTAKES PERIOD. Potential winner may be required to provide proof of legal U.S. residency if requested by Sponsor (defined below) to determine eligibility and as a condition of prize award. Employees, officers and directors of the MLB Entities (as defined below), Pepsi-Cola Company ("Sponsor") and each of their respective parents, subsidiaries, affiliates, licensees, divisions, bottlers, suppliers, printers, distributors and advertising, promotional and judging agencies and any and all other companies associated with the Sweepstakes, and the immediate family members of such employees, officers or directors (parent, child, sibling, spouse) and persons living in the same household as such employees, officers or directors (whether related or not) are not eligible to participate or win a prize. The "MLB Entities" shall mean 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. (doing business in its own name and as Major League Baseball Productions and Major League Baseball International), SportsOnEarth, LLC, Tickets.com, Inc., the Major League Baseball Clubs, and each of their 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.
3. HOW TO ENTER: NO PURCHASE NECESSARY, AND NO ENTRY FEE, PAYMENT OR PROOF-OF-PURCHASE NECESSARY TO PARTICIPATE IN THE SWEEPSTAKES. To enter the Sweepstakes, during the Sweepstakes Period, click on the Sweepstakes banners, buttons and/or links at pepsiclutch.mlb.com (the "Web Site"); and follow instructions to complete the online entry form for the Sweepstakes. By successfully transmitting your completed online entry form as directed, you will be entered in the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete entries are void. Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from Sponsor and/or MLB.com; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such e-mails. Online entry only. No other method of entry will be accepted. Limit one (1) entry per email address and per person throughout the Sweepstakes Period. Although multiple attempts to enter may be received from any person or email address, only the first entry received from such person or email address will be considered; subsequent attempts to enter will be disqualified. 4. ADDITIONAL ENTRY INFORMATION: All online entries must include a valid e-mail address for the entrant. In the event of dispute over the identity of a potential winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules, and such potential winner may be required to provide identification sufficient to show that he/she is the "Authorized Account Holder" of such email address. 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.
Proof of emailing or sending an entry (without limitation, such as automated computer receipt of sending an email) does not constitute proof of delivery of entry or actual receipt of any entry by Sponsor and the MLB Entities for purposes of these Official Rules. All entries become the property of MLBAM and will not be acknowledged or returned to entrant. Sweepstakes entries generated by a script, macro or other mechanical or automated means will be disqualified. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked.
5. PRIZE DRAWING: The potential prize winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. Drawing will be conducted on or about October 20, 2007 by an independent judging agency whose decisions are final and binding in all respects. Odds of winning depend upon the total number of eligible entries received during the Sweepstakes Period.
6. PRIZES:
GRAND PRIZE: One (1) Grand Prize will be awarded consisting of a trip for two (2) to the 2009 MLB All Star Game currently scheduled to be held at Busch Stadium in St. Louis, MO during the weekend of July 12-14, 2009 (the "Grand Prize"). Grand Prize includes: two (2) tickets to the 2009 MLB® All-Star Game® (seat location(s) at the game shall be determined by the Sponsor in its sole and absolute discretion), two (2) tickets to the 2009 State Farm® Home Run Derby® (seat location(s) at the game shall be determined by the Sponsor in its sole and absolute discretion), round-trip coach air transportation from an airport near winner's home within the U.S. (airport and carrier selected by Sponsor), one (1) double occupancy standard hotel room for three (3) nights, and $250 spending money. Est. retail value $4,750, depending upon winner's point of travel origin. All costs and expenses associated with Grand Prize acceptance and use not specifically mentioned herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Grand Prize are solely the responsibility of prize winner. The Grand Prize does not include tickets to All-Star Sunday, Home Run Derby, All-Star Workout Day, MLB All-Star FanFest or any other game, event or exhibition during the 2009 Major League Baseball All-Star Week other than as specifically set forth herein. All travel must be taken on dates specified; no alternative travel dates are available. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. Winner's companions must be of legal age of majority in their jurisdictions of residence, unless accompanied by a parent or legal guardian. Winner's guest will also be required to sign and return a travel release before any travel occurs.
7. GENERAL: Sweepstakes is subject to all applicable federal, state, local laws and regulations. Prizes will be awarded and/or delivered only to addresses within the United States. An unclaimed prize will not be awarded. No responsibility is assumed by Sponsor or the MLB Entities for prize after prize has been delivered. Any portion of a prize not accepted by winner will be forfeited. Except as determined by Sponsor in its sole and absolute discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value. Prize winners will be solely responsible for all applicable federal, state and local taxes (including income and withholding taxes) on prize. Winner may receive an IRS Form 1099 for the retail value of the prize. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest agree 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 winner and/or his/her guest 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, event or exhibition. The MLB Entities and Sponsor 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 or postponement of any Major League Baseball game, event or exhibition.
8. CONDUCT: By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the judges. Failure to comply with these Official Rules may result in disqualification. Sponsor and the MLB Entities reserve the right at their sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes or the Web Site; or to be acting in any manner deemed by Sponsor or the MLB Entities to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be non-sportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT OR INDIVIDUAL, AND SPONSOR AND THE APPLICABLE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY: Sponsor and the MLB Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellite, telephone or cable transmissions, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof, or; (e) any injury or damage to participant's or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes. If, for any reason, the Sweepstakes (or any portion thereof) is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any portion thereof), then Sponsor and/or the applicable MLB Entities reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof) in whole or in part. In the event of such cancellation, termination, modification or suspension, Sponsor may elect to identify 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, termination, modification or suspension.
10. WINNER NOTIFICATION: Sponsor and the MLB Entities reserve the right to announce the name of the potential winner in any manner they deem appropriate. The potential winner will be notified by postal mail at the postal address on file with Sponsor. If Sponsor is unable to contact any potential winner for any reason, or if winner notification is returned as undeliverable without a forwarding address, the prize will be forfeited and an alternate winner may be selected at Sponsor's discretion. Potential winner 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 to Sponsor an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date indicated in the notification letter (which must be within seven (7) days of notification). If any required documents are not returned within the required number of days, or if any mail is returned as undeliverable without a forwarding address, then prize may be forfeited and an alternate winner will be selected from among all remaining eligible entries.
11. WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release the MLB Entities, PepsiCo, Inc., Pepsi-Cola Company, and each of their respective parents, subsidiaries, affiliates, divisions, distributors, bottlers, licensees, suppliers, printers, distributors and advertising, promotional or judging agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: accessing the Web Site or Sweepstakes page; submitting an entry or otherwise participating in any aspect of the Sweepstakes; the receipt, ownership or use of any prize awarded; preparing for, participating in or traveling to and/or from any prize-related activity, or; any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor and the MLB Entities make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except for residents of TN and where prohibited by law, winners grant to Sponsor, the MLB Entities and each of their designees the right to print, publish, broadcast and use throughout the world, in perpetuity, in any media now known or hereinafter known (including without limitation use online at the Web Site) the winner's name, address, voice, statement, picture, photograph or other likeness and prize information, without additional compensation or consideration, notification or permission, for public relations, advertising and promotional purposes as may be determined by Sponsor and/or the MLB Entities, as applicable.
12. PRIVACY: By entering this Sweepstakes, you agree that all information submitted by entrants is subject to, and will be treated in a manner consistent with, MLB.com Privacy Policy located at www.mlb.com/privacy.
13. WINNERS LIST: To request the name of the Grand Prize winner, email your request before November 5, 2008 to: webmaster@pepsi.com and in the subject line reference "2008 Pepsi Clutch Performer of the Year Sweepstakes Winner Request." You may also request the name of the Grand Prize winner by submitting a written request on 3" x 5" card with your name and complete address before November 5, 2008 to: "2008 Pepsi Clutch Performer of the Year Sweepstakes Winner Request" P.O. Box 750356, El Paso, TX 88575-0356 .
14. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577. Sponsor is a promotional partner of Major League Baseball Properties, Inc and MLB Advanced Media, L.P. This promotion is not sponsored by any MLB Entity.
PEPSI and the Pepsi Globe design are registered trademarks of PepsiCo, Inc.
Major League baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.
