The object of the 2013 Honorary Bat Girl Contest (the "Contest") is to submit an original essay which, in answer to the question "How do you "Go To Bat Against Breast Cancer"?", describes your personal connection to breast cancer (the "Submission"). Staff members of Major League Baseball Properties, Inc. ("MLBP") and MLB Advanced Media, L.P. ("MLBAM"). (MLBP and MLBAM, collectively, 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 women and men who: (a) are legal residents of the fifty (50) United States, Washington, DC and Canada (excluding residents of the Province of Quebec) of legal age of majority in the jurisdiction in which they reside, or, if the Submission describes the efforts of a third party "Nominee" as detailed below, at least eighteen (18) years of age at the time of entry; and (b) possess a valid e-mail address and Internet access as of March 26, 2013. 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 MLB Entities (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, its Bureaus, Committees, Subcommittees and Councils, MLBP (doing business in its own name and as Major League Baseball Productions), MLBAM, Major League Baseball Enterprises, Inc., the Major League Baseball Clubs (the "MLB 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 MLB 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, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
The Contest entry period commences on March 26, 2013 at 12:01 p.m. Eastern Time ("ET") and ends on April 22, 2013 at 12:01 a.m. ET (the "Contest Entry Period").
To enter, log on to www.honorarybatgirl.com (the "Contest Site") during the Contest Entry Period and click on Contest banners, buttons and/or links to access the online entry form for the Contest. To enter, first read these Official Rules. Then, register by filling out all required fields on the online entry form, including your selection of a favorite MLB Club ("Selected MLB Club") and agreement to these Official Rules. In addition, you will be given the option to upload a photograph of yourself and/or the Nominee (as defined below) (the "Photo") which may be displayed on the Contest Site (defined below) along with your Submission, subject to these Official Rules including the Submission Requirements and Contest Restrictions (each, as defined below). Any potential participant whose Submission describes the efforts of a third-party (for example, potential participant's mother) to promote breast cancer awareness (a "Nomination") must (a) obtain the consent of such third-party ("Nominee") prior to entering and (b) return to MLBAM, as directed on the online entry form, Nominee's written consent ("Nominee Consent"). Nominees must be of legal age of majority in the jurisdiction in which they reside and at least eighteen (18) years of age. Any Nomination (a) for a Nominee who is under the legal age of majority in the jurisdiction in which he/she resides or under eighteen (18) years or age, (b) to which Nominee has not consented, and (c) for which MLBAM does not receive written Nominee Consent will be void, eliminated and not eligible for consideration. Nominee Consent is subject to verification by the Judges.
By fully completing and submitting all required information, including any additional Consents required, you will be automatically entered in the Contest and be a "Participant." Only the author of the Submission may be a Participant.
Participants may be given the option to receive (a) commercial e-mails from MLB.com and/or the MLB Clubs, and/or (b) mobile text messages and updates from MLB.com; however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive such e-mails and/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 and Photo Requirements: Participants must upload their Submission and Photo, as applicable, as directed during the Contest entry process. Submissions must be in English and must not exceed nine hundred (900) characters in length. Photos must be in one (1) of the following formats: .jpg, .gif or .png. MLB.com will not accept files that exceed two (2) megabytes (2MB) 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 and, if applicable, Photo.
During the Contest Entry Period, eligible Submissions submitted by eligible Participants may be published on the Contest Site, which will provide the opportunity for users to vote for their favorite Submissions (the "Public Vote"). On or about April 22, 2013, the Judges will judge all eligible Submissions submitted by eligible Participants to determine the most compelling Submission, based on the following judging criteria: originality (30%), quality of writing (40%), demonstration of commitment to breast cancer awareness (20%) and public appeal as determined by the Public Vote (10%). In the event of a tie for any Prize, the score for demonstration of commitment to breast cancer awareness will be used as the tiebreaker.
A total of thirty (30) Prizes will be awarded (i.e. one (1) Prize for each Selected MLB Club). For each Selected MLB Club, the eligible Participant who had selected such MLB Club on the Submission and is judged to have submitted the best Submission will be Prize winner ("Winner") for such Selected MLB Club and will win (a) two (2) tickets for Winner and one (1) guest to attend (i) the home game of the Selected MLB Club to be played on Mothers' Day, May 12, 2013, if any, or (ii) in the event the May 12, 2013 game is not a home game of the Selected MLB Club, a 2013 regular season home game of the Selected MLB Club to be determined in the sole and absolute discretion of MLBP and/or the Selected MLB Club ((i) or (ii), the "Game"); (b) the opportunity, subject to the rules and regulations of Major League Baseball and/or the applicable Selected MLB Club, for Winner and/or his/her guest to be recognized on field during the Game; and (c) MLB pink ribbon merchandise of the Selected MLB Club for the Winner and/or his/her guest which may be worn during the Game, subject to applicable law ((a), (b) and (c) collectively, the "Prize"). Exact Prize details, including Game date and seat locations at the Game, shall be determined in the sole and absolute discretion of MLBP, MLBAM and/or the Selected MLB Club, as applicable. (Approximate Retail Value of each Prize: $500.)
TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.
The Prizes are non-transferable and non-assignable, with no cash redemptions except at MLBP and MLBAM's sole and absolute discretion. MLBP and MLBAM reserve the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
Each Winner is fully responsible for any and all applicable federal, state, provincial 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. Limit one (1) Prize per person, family or household. Each 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 applicable Major League Baseball Club, 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. Each Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. The MLB 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. Released Parties (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 any Prize, and may invalidate the license granted by the game ticket(s).
In connection with any potential on-field presence and/or activities related to the Prize, each Winner does hereby:
(1) acknowledge and accept sole responsibility for all of the hazards and risks to him/herself and his/her property associated with or related to participation on-field, including but not limited to assisting an official bat girl/boy and for any damage or injury that he/she may cause to others;
(2) acknowledge and assume all risk and danger incidental to participation in events in connection with the Prize, including all risks and danger inherent in the sport of baseball and all warm-ups, practices and competitions associated with baseball, including specifically (but not exclusively) the danger of being injured by thrown bats (and/or fragments thereof), thrown or batted balls or contact or collisions with any participants at an MLB game;
(3) hereby release, waive and forever discharge any and all claims of damages or causes of action, including but not limited to, death, personal injury or loss or damage to property, which he/she or any of his/her representatives, heirs, next of kin or assignees (collectively "Representatives") may have or which may hereinafter accrue to him/her or his/her Representatives as a result of participation on-field at an MLB game or otherwise which may be asserted by him/her or his/her Representatives against the Released Parties, whether caused by the acts, omissions or negligence of the Released Parties or by any other person or entity; and
(4) grant permission to the MLB Entities to utilize his/her name, voice, statements, photograph, image, likeness, actions and/or biographical data in any live or recorded form (including, but not limited to, any form of video display or other transmission or reproduction), in whole or in part, for promotional, commercial or any other purpose, in perpetuity worldwide in any media or format whether now known or hereafter created without any additional consideration.
MLBP and MLBAM will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by MLBP and MLBAM 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, any Photo submitted by Participant in connection with his/her 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, Assignment 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 and MLBP under the terms of these Official Rules;
(2) agree that any Photo submitted by Participant is an original work and that, as of the date of submission, he/she owns all right, title and interest in the Photo or has all necessary rights in the Photo and consents for its use in order to submit it to MLBAM and MLBP under the terms of these Official Rules;
(3) consent to the collection by MLBAM (or its designee) of his/her personal information, including without limitation name, date of birth, address (city, street and state of residence), telephone number(s) and email address(es) (the "Personal Information") in connection with the Submission;
(4) grant to the MLB Entities and each of their respective affiliates the perpetual and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from his/her Submission and any Photo submitted therewith, throughout the world and in perpetuity, including, but not limited to, the right for the MLB Entities to display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission, on television, via the Internet and/or any other interactive media, in print and/or any other media currently existing and hereafter developed, 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. The MLB Entities shall be the sole and exclusive owner of the Submission and any photo submitted therewith;
(5) 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, appearance and performance as embodied in the Submission and any Photo submitted therewith, 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, 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 any Photo submitted therewith, and use the Submission and any Photo submitted therewith in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use the Submission and any Photo submitted therewith for all of the purposes hereunder;
(6) acknowledge and agree, with respect to the Personal Information, that the MLB Entities shall have the right (subject to applicable law) to (i) use Personal Information to obtain background checks for the purposes set forth herein; (ii) incorporate certain of the Personal Information into the Submission and use such Personal Information as incorporated therein; (iii) 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 (iv) to share the Personal Information with third parties for their advertising, marketing and promotional purposes or for any other purposes;
(7) acknowledge that Participant shall have no right of approval of any use of the Submission, any Photo submitted therewith and the Personal Information as permitted hereunder;
(8) agree that Participant shall use any copy of the Submission and any Photo submitted therewith that he/she obtains solely for his/her personal, non-public, non-commercial use; and
(9) release 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, any Photo submitted therewith, the Personal Information and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy.
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 and/or any Photo submitted therewith, 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 and any Photo submitted therewith: (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, 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, provincial 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.); (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Submission and any Photo submitted therewith is created; and/or (xiv) political content. Any Submission and any Photo submitted therewith that does not comply with the foregoing, in the sole discretion of the Judges, will be disqualified and eliminated from consideration.
Each potential Winner will be notified by e-mail and/or telephone by MLBAM (the "Prize Notification"). In the event that any potential Winner does not respond to such Prize Notification within forty-eight (48) hours of the time of issuance, a disqualification and Prize forfeiture will result and, at the sole discretion of MLBAM and MLBP and time permitting, the eligible Participant who submitted the Submission which scored next highest score according to the judging criteria set forth above for the applicable Selected MLB Club ("Runner Up") may be selected as a potential Winner from among all remaining eligible Submissions for the applicable Selected MLB Club. Each potential Winner may be required to submit his/her valid social security number and/or other identification to MLBAM and will be required to execute, have notarized and return an Affidavit of Eligibility (or, if a resident of Canada, a Declaration of Eligibility), Release of Liability and, unless prohibited by law, Publicity and any other documentation required by the MLB Entities within forty-eight (48) hours of the time of issuance. Any potential Winner who is a Nominee must execute, have notarized and return a Release of Liability and, unless prohibited by law, Publicity and any other documentation required by the MLB Entities within forty-eight (48) hours of the time of issuance. A disqualification and Prize forfeiture will result and, at the sole discretion of MLBAM and MLBP and time permitting, the next Runner Up may be selected as an alternate potential Winner from among all remaining eligible Submissions for the applicable Selected MLB Club 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 or any potential Winner's Nominee's noncompliance with these Official Rules will also result in disqualification and Prize forfeiture and, at the sole discretion of MLBAM and MLBP and time permitting, may cause the next Runner Up to be identified as an alternate potential Winner from among all remaining eligible Submissions for the applicable Selected MLB Club.
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. Failure by MLBAM or MLBP 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 any Prize and/or any Winner or the distribution of the Prizes. MLBAM and MLBP reserve 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.
MLBAM and MLBP reserve the right to conduct a background check including, but not limited to, criminal history, on any potential Winner and/or his/her travel companion(s). To the extent required by law, each such potential Winner and/or his/her travel companion(s) shall authorize such background check. MLBAM and MLBP reserve the right, at their sole and absolute discretion, to disqualify any potential Winner based on the background check.
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, MLBAM and MLBP reserve the right, at their 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 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, ANY SUCH PARTICIPANT WILL BE DISQUALIFIED AND THE MLB ENTITIES AND 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.
All entries must include a valid e-mail address for the Participant. 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. 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, MLBAM and MLBP reserve 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 Winner information (available after June 15, 2013), mail a request and a self-addressed, stamped envelope to: Honorary Bat Girl Contest, c/o MLB.com, 75 Ninth Avenue, New York, NY 10011. Residents of Canada and Vermont may omit return postage. Winners' List requests must be received by December 1, 2013.
The Sponsor of this Contest is MLB Advanced Media, L.P., 75 Ninth Avenue, New York, NY 10011.
Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.