The object of Jingle Your Way to Fenway (the "Contest") is to submit written lyrics to a creative "holiday jingle" about the Red Sox. This jingle should contain lyrics evidencing a catchy blend of holiday spirit and Red Sox knowledge (the "Submission"). Staff members of the Boston Red Sox Baseball Club, LP (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. Submissions must not exceed one thousand (1,000) characters of text.
The Contest is open only to legal residents of Massachusetts, Rhode Island, Vermont, New Hampshire, Maine and Connecticut (the "New England States") who are eighteen (18) years of age or older at the time of entry at the time of entry with a valid email address and Internet access as of October 31, 2011. 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 the Boston Red Sox Baseball Club, LP ("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, any and all other companies associated with the Contest, and all winners of the 2010 Jingle Your Way to Fenway 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, 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, 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. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside the New England States and where prohibited or restricted by law, rule or regulation.
The Contest entry period begins on Tuesday, November 8, 2011 at 12:01 p.m. Eastern Time ("ET") and ends on Saturday, November 26, 2011 at 5:00 p.m. ET (the "Entry Period").
There are two (2) ways to enter: online or by mail. No other method of entry will be accepted. Limit one (1) Submission per person, per email address and per household, regardless of method of entry. In case of multiple entries received from any person or email address or household, only the first entry received from such person or email address or household will be considered. Incomplete and/or inaccurate entries are void.
Online Submission Requirements: Participants must upload their Submission as directed during the Contest entry process. Submissions must not exceed 1,000 characters in length and include the following phrases: "Christmas at Fenway", "Red Sox", "Fenway Park" and "2012".
The Judges will judge all eligible Submissions based on the following criteria:
On or about November 15, 2011, November 22, 2011, and December 2, 2011 (each a "Judging Date") two (2) of the most compelling Submissions, as determined by the Judges in their sole discretion, will be chosen from among all eligible entries received as of the applicable Judging Date (i.e. for a total of six (6) winning Submissions for the Contest). All non-winning eligible Submissions from one Judging Date will carry-over for all subsequent Judging Dates. In the event of a tie, the creativity score will be used as the tiebreaker. Any Submission over one thousand (1,000) characters of text will be automatically eliminated from consideration.
A total of six (6) Prizes will be awarded. The two (2) eligible entrants that are judged to have submitted the best Submissions on each Judging Date, as determined by the Judges in accordance with the Judging Section above, will be Prize winners (each a "Winner" and collectively, the "Winners") and will each receive the following items (collectively, the "Prize"):
(Approximate Retail Value ("ARV") of each Prize: $375.00; Total ARV of all Prizes: $2,250).
The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
The 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 Winner. All prize details shall be determined in the sole and absolute discretion of the Sponsor. Limit one (1) Prize per person, family or household. Winner's companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. 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 Boston Red Sox, 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 conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark 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(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. Released Parties (as defined below) will not be responsible for weather conditions, 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).
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
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:
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 the Participant in the Submission but does not submit a separate Consent, Assignment and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant to agree to this Consent, Assignment and Release on his/her behalf (or, with respect to any individual under eighteen (18) years of age, 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, Assignment 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) lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the 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, 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.
Each potential winner will be notified by email 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, 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. Each 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. 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The 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 Prize 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 portions 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 from any and all liability for any injuries, losses, death, or damages of any kind caused by participation in the Contest, 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 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 email 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 email 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. 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 email address for the domain associated with the submitted email 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.
For a list of the Winners (available after December 10, 2011), entrants should mail a written request and a self-addressed stamped envelope to: Boston Red Sox, 4 Yawkey Way, Boston, MA 02215 Attn: Jingle Your Way to Fenway Contest Winners List. Winners' list requests must be received by March 31, 2012.
The Sponsor of this Contest is The Boston Red Sox Baseball Club Limited Partnership, Fenway Park, 4 Yawkey Way, Boston, MA 02215.
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