NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN TO LEGAL CALIFORNIA RESIDENTS 18 YEARS OF AGE OR OLDER. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the Contest is to submit the best original photo (the "Submission") in the categories of "Best Dressed Big Dog," "Best Dressed Small Dog," "Most A's Spirited Dog," or "Dog that Looks Most Like their Owner". Staff members of the Oakland Athletics (the "Judges") will select the most compelling Submissions in accordance with these Official Rules and based upon criteria set forth in the Judging section below.
The Contest is open only to legal residents of California who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Athletics Investment Group LLC d/b/a the Oakland Athletics ("Sponsor"), the other MLB Entities (as defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win a Prize (as defined below). The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside California and where prohibited or restricted by law, rule or regulation.
The Contest entry period begins on May 6, 2013 at 12:01 a.m., Pacific Time ("PT") and ends on May 31, 2013 at 9:00 p.m. PT (the "Entry Period").
HOW TO ENTER
Participants may enter either online or via the U.S. Mail as follows below. Limit one (1) entry per category per household, regardless of method of entry. Sponsor retains all discretion whether to allow identical photographs to be submitted multiple times for separate categories. In case of multiple entries received from any household for a single category, only the first entry received from such household will be considered. By fully completing and submitting all required information you will be automatically entered in the Contest and be a "Participant."
To enter via the online option :
Participants must log on to www.oaklandathletics.com during the Entry Period and click on the Contest banners, buttons and/or links to access the online entry form for the Contest. To enter, participants must read and consent to these Official Rules during the Contest entry process. Participants must also provide their complete name, date of birth, address, city, state, ZIP/postal code, telephone number, e-mail address, and Submission pursuant to (1) the Submission Requirements (set forth below), and (2) the Content Restrictions (as set forth in the Content Restrictions section below).
Online Participants may be given the option to receive (a) commercial e-mails from oaklandathletics.com and/or MLB.com and/or (b) mobile text messages and updates from oaklandathletics.com and/or MLB.com; however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive such e-mails or mobile text messages and updates and consenting to receive any such e-mails and/or mobile text messages and updates will not impact any Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Submission Requirements : Online Participants must submit their Submission as directed during the Contest entry process. Submissions must be in one (1) of the following formats: .GIF, .JPG, .PNG. MLB.com will not accept files that exceed two (2) MB in total file size.
Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
To enter via the U.S. Mail :
Between May 6, 2013 and May 31, 2013, Participants must legibly type or hand print the following on a 3" x 5" card:
1) First Name
2) Last Name
3) Street Address
6) ZIP code
7) Contact Number (including area code)
8) E-mail address (optional)
9) Birth Date
Mail your entry card and Submission in a sealed envelope with proper postage affixed to the Oakland A's Dog Day Photo Contest, 7000 Coliseum Way, Oakland, CA. 94621. All completed entries must be post-marked on or before May 28, 2013 and received by May 31, 2013 to be eligible. No mechanically reproduced or photocopied entries allowed. Neither Sponsor nor the MLB Entities will be responsible for lost, late, damaged, misdirected, illegible, postage-due or incomplete entries, all of which are void. Entries and Submissions submitted by mail become the property of Sponsor and will not be returned.
The number of Participants will be dependent upon the number of eligible Submissions received. No payment of any money is required to become or remain a Participant.
The Judges will judge all eligible Submissions to determine the most compelling Submissions based on the following judging criteria ("Judging Criteria"): Best Dressed Big Dog judged 40% dog size, 40% creativity, 20% A's pride; Best Dressed Small Dog judged 40% dog size, 40% creativity, 20% A's pride; Most A's Spirited Dog judged 70% A's pride, 30% creativity; Dog that Looks Most Like their Owner 70% similarity to owner, 15% creativity, 15% A's pride. In the event of a tie in any category, an odd number of Judges will determine by vote the highest scoring Submission among those tied in such category. On or about June 3, 2013, the most compelling Submissions as determined by the Judges will be deemed finalists (the "Finalist Submissions") and participate in the Fan Vote as described below.
During the period beginning on or about June 7, 2013 at 11:00 a.m. PT and ending on June 19, 2013 at 11:59 p.m. PT (the "Fan Vote Period"), fans will have the opportunity to vote for their favorite Finalist Submission on www.oaklandathletics.com. Limit five (5) votes per email address per day during the Fan Vote Period. Additional votes beyond the specified limit will be void. Votes or email addresses generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. Each category will have one (1) winner, who will be the eligible Participant who submits the Finalist Submission that receives the most votes in such category (each a "Winner" and collectively, "Winners"), subject to verification of eligibility and compliance with the terms of these Official Rules. In the event of a tie for the Prize in any category, the Judges will select the Winner amongst the tied Finalist Submissions in such category based on the Judging Criteria described above.
Four (4) Prizes: Each of the four (4) Winners will receive a three (3) month supply of AvoDerm dog food (the "Prize"). (Estimated Retail Value of Prize: $135.)
The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Each Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winners. All Prize details shall be determined in the sole and absolute discretion of the Sponsor. Limit one (1) Prize per person, family or household.
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
CONSENT, LICENSE AND RELEASE
In exchange for the opportunity to participate in this Contest, and the possibility of the use of Participant's Submission and/or the Participant's appearing in an audio, visual and/or multimedia production, the receipt of which opportunities shall be sufficient consideration for this Consent, License and Release, each Participant does hereby:
(1) agree that his/her Submission is an original work of authorship and that, as of the date of submission, he/she owns all right, title and interest in the Submission or has all necessary rights in the Submission in order to submit it to MLBAM under the terms of these Official Rules;
(2) consent to the collection by MLBAM (or its designee) of his/her personal information, including without limitation name, date of birth, address (city and state of residence), telephone number(s) and e-mail address(es) (the "Personal Information") in connection with the Submission;
(3) grant to Sponsor, MLBAM and each of their respective designees the perpetual and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from his/her Submission throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and/or MLBAM, as applicable, to display, publish, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to 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 the 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;
(4) agree that the foregoing license 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, statements, 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, worldwide, 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 license others to use the Submission for all of the purposes hereunder;
(5) acknowledge and agree, with respect to the Personal Information, that the 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 him/her 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;
(6) acknowledge that Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
(7) agree that Participant shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and
(8) release and indemnify 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 copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy and claims related in any way to any Prize received, including but not limited to claims of injury, loss or damage related in any way to Participant's use of any Prize.
Nothing herein will obligate Sponsor or the other MLB Entities to make any use of any of the rights set forth herein. In the event that any individual(s) appears with the Participant in the Submission but does not submit a separate Consent, License and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant to agree to this Consent, License and Release on his/her behalf (or, with respect to any individual under the legal age of majority in his/her jurisdiction of residence, that Participant is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual), and (ii) that Participant agrees to this Consent, License and Release on behalf of such individual(s).
Participants must 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) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Sponsor, the other MLB Entities, their owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) 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; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise 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, will be disqualified and eliminated from consideration.
The potential winner will be notified by e-mail and/or telephone by Sponsor and/or MLBAM and may (in Sponsor's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event that any potential winner does not respond to such Prize Notification within three (3) days of the date of issuance or declines the Prize for any reason, a disqualification and prize forfeiture will result and, at Sponsor's sole discretion and time permitting, an alternate potential winner shall be chosen from among all remaining eligible Submissions. The 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 an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within five (5) days of the date of receipt. A disqualification and prize forfeiture will result and, at Sponsor's sole discretion and time permitting, an alternate potential winner will be selected from among all remaining eligible Submissions if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or any potential winner's noncompliance with these Official Rules will also result in disqualification prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible entries.
All applicable federal, state, provincial and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor, the other MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, the tabulation of scores, the cancellation of games or any errors appearing in any Contest related-materials including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of any Prize (or any portion thereof), including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each Participant agrees to indemnify and hold harmless and fully release the Released Parties and Facebook from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, Participant's Submission, or resulting from the acceptance, possession, quality, use or misuse of any Prize, or any portion of any Prize, including any travel or activity related thereto.
The Contest is a skill contest designed to increase consumer awareness of and interest in Sponsor, Major League Baseball and MLB.com, the Official Site of Major League Baseball. This Contest may not be used for, or in connection with, any form of gambling.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and, if terminated, to determine the winners, if any, from among all eligible, non-suspect Submissions submitted up to the point of termination.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, 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.
In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail address, the winning entry 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.
As a condition of entering this Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Alameda County, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All entry data provided via the online entry form is provided to MLBAM and/or Sponsor and not to Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
For winner information or an additional copy of these Official Rules, mail a request and a self-addressed, stamped envelope to be received by December 31, 2013 to: Oakland A's Dog Day Photo Contest, 7000 Coliseum Way, Oakland, CA 94621.
SPONSOR : Athletics Investment Group LLC d/b/a the Oakland Athletics, 7000 Coliseum Way, Oakland, CA 94621.
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