Official Rules
"TAKE ME OUT TO THE BALLGAME® SWEEPSTAKES PRESENTED BY ALMASED USA, INC."
SPONSORED BY ALMASED USA, INC.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The "Take Me Out to the Ballgame® Sweepstakes Presented by ALMASED USA, INC." ("Sweepstakes") commences at 12:01 AM Eastern Time ("ET") on July 28, 2010 and ends at 11:59 PM ET on August 24, 2010 ("Sweepstakes Period"). All entries must be received by 11:59 PM ET on August 24, 2010. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at time of entry. Employees, officers and directors of ALMASED USA, INC, ("ALMASED USA, INC." or "Sponsor"), the Tampa Bay Rays, the other MLB Entities (defined below), and The Marketing Arm Inc. ("Administrator"), and each of their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator, ("Sweepstakes Entities"), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter or win Sweepstakes. The "MLB Entities" shall mean MLB Advanced Media, L.P, ("MLBAM"), the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs, The MLB Network, LLC, Tickets,com, Inc., SportsOnEarth, LLC., 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. By participating in this Sweepstakes, each entrant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledges compliance with these Official Rules; (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agrees to fully release, indemnify and hold harmless Sweepstakes Entities from and against any and all liability, claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the receipt, use, misuse or redemption of any Prize (hereinafter defined) or any travel or activity related to the receipt or use of any Prize, and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
4. To Enter: Visit raysbaseball.com during the Sweepstakes Period to access the online entry form for the Sweepstakes. By successfully transmitting a completed online entry form as directed, you will receive one (1) entry into the Sweepstakes. Only fully completed entry forms are eligible. Incomplete and/or inaccurate entries are void. All information submitted online by entrants is subject to, and will be treated in a manner consistent with MLB.com's Terms of Use accessible at http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp and MLB.com's Privacy Policy accessible at www.mlb.com/privacy. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. All online entries must include a valid e-mail address for the entrant. Online entrants to the Sweepstakes may be given the option to receive (a) commercial e-mails from Sponsor, Raysbaseball.com and/or MLB.com , and/or (b) mobile text messages and updates from Raysbaseball.com and/or MLB.com; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such e-mails and/or mobile text messages and updates and consenting to receive such e-mails and/or mobile text messages and updates will not impact your chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. If you opt to receive commercial e-mails from Sponsor, MLBAM will provide your name, address and email to Sponsor. Once provided to Sponsor, that information will also be subject to Sponsor's Privacy Policy, available at http://www.almased.com/privacy-policy.aspx
Limit one (1) entry per person and per e-mail address. In case of multiple entries received from any person or e-mail address, only the first entry received from such person or email address will be considered. Additional entries beyond the limit of one (1) will be void. There is a limit of one (1) Prize per person. In the event of a dispute over who submitted a winning online entry, the "authorized account subscriber" of the e-mail account, used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant provided he/she is eligible according to these Official Rules. The "authorized account subscriber" for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Proof to Sponsor's satisfaction of being the authorized account subscriber may be requested by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered "Eligible Entries". All entries become the sole and exclusive property of Sponsor and /or MLBAM, as applicable. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of winning a Prize in the Sweepstakes depend on the number of Eligible Entries received during the Sweepstakes Period.
5. Prize: The Winner (defined below) will receive: (i) four (4) Fieldside Box tickets for Winner and three (3) guests ("Guests") to attend the Tampa Bay Rays vs. New York Yankees game, currently scheduled to be played on September 14, 2010 at Tropicana Field in St. Petersburg, Florida (the "Game"); (ii) the opportunity, subject to the rules and regulations of the Tampa Bay Rays, for the Winner and his/her Guests to attend batting practice prior to the Game; (iii) the opportunity to sing "Take Me Out to the Ballgame" during the seventh inning stretch, subject to the rules and regulations of the Tampa Bay Rays ((i), (ii), and (iii) collectively the "Prize"). The approximate retail value ("ARV") of the Prize is $460.00.TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Game date is subject to change. The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded.
Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Each Winner and his/her Guests are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded, including without limitation, transportation to and from Tropicana Field. If any potential Winner is not available or able to accept the Prize, such potential Winner will be disqualified, the Prize forfeited, and, in Sponsor's sole discretion and time permitting, an alternate potential Winner may be selected in a random drawing from among all of the remaining Eligible Entries.
By participating in Sweepstakes, each Winner grants the right to Sponsor and the Sweepstakes Entities to record, videotape and photograph the Winner ("Images"). These Images will be owned by Sponsor and/or one or more other Sweepstakes Entities as applicable. Sponsor, the Sweepstakes Entities, and each of their respective designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, statement, conversation and any other attributes of Winner's personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
6. Winner Selection and Notification: There will be one (1) potential Winner selected in a random drawing on or about August 31, 2010 from among all of the Eligible Entries received during the Sweepstakes Period. Administrator will attempt to contact the potential Winner via the telephone number provided on his or her entry form. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly, such potential Winner may be disqualified, the Prize forfeited, and an alternate potential Winner may be selected, in Sponsor's sole discretion and time permitting, from among the remaining applicable Eligible Entries.
7. Winner Verification: The potential Winner may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver's license, passport or similar government issued identification within two (2) days of being notified as a potential Winner. In addition, the potential Winner may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within two (2) 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 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. Providing potential Winner is in compliance with these Official Rules, and when required has successfully proven eligibility, potential Winner will be determined to each be a "Winner." In the event of non-compliance by any potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a potential Winner shall be terminated and an alternate potential Winner may, in Sponsor's sole discretion, be chosen from among all of the remaining Eligible Entries received. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate potential Winner in event that any potential Winner fails to comply with these Official Rules.
By participating in Sweepstakes, each Winner acknowledges and agrees that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that each Winner will be responsible for obtaining and paying for any life, travel, car, accident, property or other form of insurance relating to the Prize.
8. Prize Terms: The dates for fulfillment of the Prize will be on or about September 14, 2010, but subject to change in Sponsor's sole discretion. If for any reason any Prize is unavailable or any Prize related event is delayed, cancelled or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by any Winner. Sweepstakes Entities shall have no responsibility or obligation to any Winner or any potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize, including, without limitation; meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, and any equipment to be used in connection with the Prize, are the sole responsibility of each Winner. Prize is provided "as is". Entrants acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any express warranties provided by a Prize supplier that are sent along with the Prize. Arrangements for the fulfillment of the Prize will be made by Administrator.
The value of the Prize will be taxable to each Winner as income. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prize awarded if the actual value of Prize is over $600. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prize not specifically provided for in these Official Rules are the sole responsibility of each Winner.
9. General Terms: Sweepstakes Entities are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason this Sweepstakes (or any portion thereof) is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities, which, in the sole determination of Sponsor and/or MLBAM, as applicable, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any portion thereof), Sponsor and/or MLBAM, as applicable, reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes is terminated prior to the expiration date stated herein, notice will be posted on http://www.almased.com/news-list.aspx and the Prize may be awarded to a potential Winner to be randomly selected from among all non-suspect Eligible Entries received up until and or after, if applicable, the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes without materially affecting the terms and conditions of Sweepstakes. 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 Tampa Bay Rays, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize 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. Each Winner and his/her Guest agree to comply with all applicable ballpark regulations in connection with the Prize. Sponsor and the applicable Sweepstakes Entities reserve the right to remove or to deny entry to any Winner and/or his/her Guest who engages 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. Sweepstakes Entities 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.
By participating in the Sweepstakes and submitting an entry, each entrant agrees to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant's participation in Sweepstakes, or from the receipt or use of any Prize or any travel or activity related to the receipt or use of any Prize including, without limitation, attendance at Tropicana Field or any bodily injury or other injury to any Winner and/or his/her Guest or invitees during participation in any Prize-related activity and to fully release all rights to bring any claim, action or proceeding against Sweepstakes Entities. Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any Prize level, the intended Prize will be awarded in a random drawing from among all verified and validated prize claims received for that Prize level. In no event will more than the stated number of prizes be awarded. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and/or the Winner, and the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer system/software related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring any Winner or any of the Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITED BY LAW. THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION.
10. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by October 16, 2010. For the name of the Winner and/or Official Rules, send a self-addressed stamped envelope to: Almased USA, Inc., Attention: "ALMASED USA, INC. Take Me Out to the Ballgame Sweepstakes", 2861 34th Street South, St. Petersburg, FL 33711.
11. Sponsored by: This Sweepstakes is sponsored by ALMASED USA, INC., 2861 34th Street South, St. Petersburg, FL 33711
12. Administered by: This Sweepstakes is administered by ALMASED USA, INC., 2861 34th Street South, St. Petersburg, FL 33711
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