"2013 AT&T SPRING TRAINING FLYAWAY SWEEPSTAKES"
SPONSORED BY AT&T MOBILITY LLC
OFFICIAL RULES (the "Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF NEW YORK, NEW JERSEY AND CONNECTICUT AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The "Spring Training Flyaway Sweepstakes" ("Sweepstakes") commences at 1:00 PM ET on February 1, 2013 and ends at 11:59 PM ET on March 1, 2013 ("Sweepstakes Period"). All entries must be received by 11:59 PM ET on March 1, 2013. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to persons legally and physically residing in New York, New Jersey and Connecticut. Entrants must be at least 18 years of age at time of entry. Employees, agents, officers, and directors of A&T Mobility LLC ("AT&T" or "Sponsor"), the 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, ("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, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), 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: There are two (2) methods of entry:
To Enter Via Text Messaging: Using your mobile phone, submit your entry by texting "SPRING" to "89269" during the Sweepstakes Period and receive one (1) entry into the Sweepstakes. By submitting your entry via text messaging you agree to receive a text message sent to your mobile phone confirming your entry into the Sweepstakes.
In order to submit any entry by text message, entrant must: (i) have a plan with a wireless carrier that includes a text messaging service; and (ii) use a wireless devise that is capable of two way text messaging. This method of entry may not be available in all areas of the U.S. at all times during the Sweepstakes Period. This method of entry may cease to be available to entrant in the event of product, software, coverage or other service changes made by entrant's wireless carrier. Message and data rates may apply. Please contact your service provider for pricing plans and service availability. Sponsor is not responsible for charges entrants may incur as a result of wireless phone transmissions.
There is a limit of a total of ten (10) entries per person regardless of entry method. These ten (10) entries can be obtained via one or a combination of the above specified methods. There is a limit of one (1) Prize per person. If it is suspected that an entrant uses multiple e-mail addresses and/or mobile phones to submit more than ten entries, only ten entries will be considered. In the event of a dispute over who submitted a winning online entry or mobile text message entry, the authorized account subscriber of the e-mail account or mobile phone, as applicable, used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. 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, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. The authorized account subscriber for mobile phone entries is defined as the natural person whose name the mobile phone was issued to and to whom the services are billed. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor's satisfaction of being the authorized account subscriber may be required 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. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
5. Odds: The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period.
Grand Prize: The Grand Prize Winner (hereinafter defined) will receive: (a) a trip for the Winner and one (1) guest of Winner ("Guest"), to Tampa, Florida ("Destination"), currently scheduled to take place on March 28, 2013, but subject to change. The trip will include: (i) round trip coach class air transportation for Winner and Guest which shall originate from an airport of Sponsor's choice near Winner's primary residence to Destination, with an approximate retail value ("ARV") of $700; (ii) two (2) nights hotel accommodations in Destination for Winner and Guest which will be one (1) standard room based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), with an ARV of $400; (iii) two (2) tickets for Grand Prize Winner and Guest to attend the MLB Spring Training game scheduled to be played on March 28,2013 at George M. Steinbrenner Field in Tampa, FL, with an ARV of $40 (seat locations to be determined solely by the Sponsor and/or the New York Yankees, as applicable); and (iv) one (1) pre-paid MasterCard gift card, with an ARV of $300 (Pre-paid MasterCard gift cards are redeemable anywhere MasterCard is accepted), collectively (the "Prize" or "Prizes"). The total ARV of the Grand Prize is $1,440. Sponsor reserves the right to substitute ground transportation in lieu of air transportation if the Winner resides within 100 miles of Destination and no compensation or substitution will be provided for the difference in Prize value. Winner and Guest must travel on the same itinerary.
First Place Prizes: There will be five (5) First Place Winners (hereinafter defined). Each First Place Winner will receive two (2) tickets to attend one (1) MLB game scheduled to be played during the 2013 regular season at Yankee Stadium in Bronx, New York (seat locations to be determined solely by the Sponsor and/or the New York Yankees, as applicable), with an ARV of $40, each a ("First Place Prize").
The Grand Prize Winner and the First Place Winners will collectively be referred to herein as ("Winner" or "Winners"). The Grand Prize and the First Place Prizes will collectively be referred to herein as ("Prize" or "Prizes"). The total ARV of all of the Prizes is $1,640. The ARVs are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination for the trip Prize. Any difference between the ARVs and the actual values, if any, will not be awarded.
Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Winners and guests are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor's sole discretion. If a Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner will be randomly selected from among the remaining Eligible Entrants.
7. Publicity Release: By participating in Sweepstakes, Winners grants the right to Sponsor and the Sweepstakes Entities to record, videotape and photograph the Winner ("Images"). These Images will be owned by Sponsor or one or more other Sweepstakes Entities as applicable. Sponsor, the Sweepstakes Entities, and each of its 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, 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.
8. Winner Selection and Notification: There will be six (6) Winners selected in a random drawing from among all of the Eligible Entries received on or about March 5, 2013 by Administrator. Administrator will attempt to contact the potential Winners via the telephone number provided at time of entry. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly, and/or does not meet the eligibility requirements, the potential winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all of the remaining Eligible Entries.
9. Winner Verification:
Grand Prize Winner: : To be eligible to be declared the Grand Prize Winner and to receive the Grand Prize, the potential Grand Prize Winner must sign and return to Sponsor and/or Administrator, within three (3) days of issuance of such documentation from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Grand Prize Winner's participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Grand Prize related activity, or the acceptance, possession, or use or misuse of any Grand Prize; and (b) except where prohibited by law, grants Sweepstakes Entities the right to use potential Grand Prize Winner's name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If potential Grand Prize Winner does not sign this release and return it within the time frame specified, the potential Grand Prize Winner may be disqualified, at Sponsor's or Administrator's sole discretion, and the Grand Prize forfeited. When such documentation is properly executed and providing potential Grand Prize Winner is otherwise in compliance with the Official Rules, potential Grand Prize Winner will be determined to be the Sweepstakes ("Grand Prize Winner).
Guest participating in trip Grand Prize with Grand Prize Winner will also be required to sign [the Guest's parent or legal guardian if Guest has not reached the age of majority in the jurisdiction in which they reside ("Minor")], a Liability/Publicity Release that must be returned along with the potential Grand Prize Winner's documentation as provided in these Official Rules within three (3) days of issuance. If Guest is a Minor, he or she must be accompanied by his or her parent or legal guardian and such parent or legal guardian must pay be the Grand Prize Winner. If Grand Prize Winner chooses not to take a Guest or if the Guest does not sign the documentation as provided in these Official Rules within the time frame specified then the Guest elements of the Prize will be forfeited and the other elements of the Prize shall constitute full satisfaction of Sponsor's obligation to award the Prize. Winner and Guest agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner.
First Place Winners: These potential Winners 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 when being notified of being a potential Winner. Providing potential First Place Winners are in compliance with the Official Rules, and when required have successfully proven eligibility potential First Place Winners will each be determined to be a ("First Place Winner" and collectively "First Place Winners").
Winners and Gust must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winners may forfeit Prizes at Sponsor's sole discretion. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
By participating in Sweepstakes, Winners and Guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners and Guest (or any parent or legal guardian acting on behalf of the Guest) will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners or Guest deem appropriate.
10. Prize Terms: The dates for fulfillment of the Prizes will be on or about March 28, 2013, 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, or for any other reason, Sponsor reserves the right to 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 a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize (s). 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 to be used in connection with the Prize, are solely Winner's responsibility. PRIZES ARE 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 PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABIITY OF FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online, television, print advertising and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes, including all travel arrangements for the trip Prize, will be made by Administrator.
For the trip Prize Sponsor will determine in its sole discretion the airline and hotel to be provided as part of the Prize. All travel dates are subject to change in Sponsor's sole discretion. If Winner or Guest is not available or able to travel on the dates specified by Sponsor, Winner and Guest's privileges will be terminated and an alternative Winner will be selected in a random manner from the remaining Eligible Entries if time permits. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any element of the Prize or associated with the Prize. Winner and Guest must possess valid travel documents in order to travel.
11. Taxes: The Winners must supply Sponsor and/or Administrator with a complete and valid IRS Form W-9 prior to receiving Prizes. The value of each Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of the Winner for the actual value of Prize awarded if the aggregate value of the Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year. 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 solely the Winner's responsibility.
12. 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 Sweepstakes 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 reasonable control of Sweepstakes Entities, which, in Sponsor's sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on att.yankees.com if time permits and the Prizes will be awarded to potential Winners to be selected in a random drawing from among all the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Sponsor. Sponsor and MLBAM reserve the right, in their sole discretion, to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor or MLBAM to enforce any term of these Official rules shall not constitute a waiver of that provision. 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 part of any 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(s) 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(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, 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. Major League Baseball game, event and exhibition tickets awarded as part of any Prize may not be resold or offered for resale. Any such resale may result in disqualification and forfeiture of Prize, and may invalidate the license granted by the game ticket(s).
By participating in the Sweepstakes, all entrants agree 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, use of any Prize, attendance at any Prize venue or any bodily injury or other injury to Winner or Winner's guests or invitees during participation in any on-field workout or activity and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from Winner's participation in Sweepstakes, including, but not limited to, traveling to, prepare for and/or participating in any Prize related activity.
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, postage due mail entries, 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. 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 Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, 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 or mobile phone or other portable electronic device 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 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 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 such Winner or 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 A WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) 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 OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
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 PERMITTED BY LAW.
13. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners must be made by May 1, 2013. For the name of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., Attention: "Spring Training Flyaway Sweepstakes", #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write "Winners List" and/or "Official Rules" as applicable, on the lower left hand corner of the outer envelope.
14. Sponsored by: This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd, NE, Atlanta, Georgia 30319.
15. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800 Dallas, TX 75201.