By participating in a gift-with-purchase or giveaway promotion (each a "Promotion") promoted by or associated with the Major League Baseball Players Association ("MLBPA"), you agree to these Official Giveaway and Gift-With-Purchase Rules (the "Official Rules"), which are a contract, so read them carefully before participating. In addition to the details and requirements for entry, qualification or participation set forth in any Promotion-related materials (including Promotion signage and announcements), participants in any Promotion (each a "Participant") are bound by these Official Rules and must follow these Official Rules to be eligible to receive a gift, giveaway or prize in connection with the Promotion (each a "Gift"). Promotions are also subject to all applicable federal, state and local laws, rules or regulations.
You must be at least 18 years of age (or legal age of majority in your state) and a legal United States resident to participate in a Promotion. Employees, officers, directors, representatives, members, trustees and agents of MLBPA, its affiliated companies and MLB Advanced Media, L.P. ("MLBAM"), and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. MLBPA will determine Gift recipients in its sole discretion, subject to verification of eligibility and compliance with these Official Rules and any Promotion-related materials. If you have received a Gift in connection with a Promotion in the last 30 days, you're not eligible to receive another Gift. Limit one (1) Gift per qualified Participant. Gifts are non-transferable, non-refundable and non-negotiable by Participant and no cash alternative will be awarded. Gift cannot be exchanged or returned. Participant must be present to receive Gift. Supplies of Gift are limited, and offer is only valid while supplies last. Void where prohibited. Promotion may be changed or terminated at any time and without notice unless notice is required by law.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any Gift. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties (defined below) from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each recipient of a Gift is solely responsible for any and all applicable federal, state and local taxes (including income and withholding taxes) on such Gift, regardless of whether the Gift, in whole or in part, is used. The approximate retail value (if any) of any Gift is based on available information provided to MLBPA and the value of any Gift awarded to a Participant or winner of any Promotion may be reported for tax purposes as required by law.
By participating in a Promotion and/or accepting a Gift, Participant agrees to waive any and all claims against, and release, MLBPA, its affiliates, MLBAM and their employees, officers, directors, agents, members, representatives, licensees, retailers and trustees, and any and all other companies associated with the foregoing entities (collectively, "Released Parties") for any liability, injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Gift or any travel or activity related to the Promotion or Gift (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Participant that accepts a Gift, grants to MLBPA and its respective designees the right to publicize his/her name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
MLBPA and the other Released Parties undertake no liability or responsibility and make no warranties (express or implied) with respect to (i) the performance (including without limitation merchantability or fitness for a particular purpose) or value of the Gift awarded or the Promotion, (ii) failure to perform or negligent performance by any service provider, or (iii) any other liability, loss, risk, incident or damage relating to or arising from the Promotion, the conduct of Participants or any Gift.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY GIFT PROVIDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.