Hold the Flag Sweepstakes Official Rules
SWEEPSTAKES PERIOD: The Sweepstakes entry period (the "Entry Period") begins at 9:00 a.m. Mountain Standard Time ("MST") on February 17, 2018, and ends at 4:59 p.m. MST on March 19, 2018 ("Sweepstakes End Date").
PRIZES: One Hundred (100) Prizes Will Be Awarded. ** Each Winner (defined below) will receive (i) two (2) tickets for the Winner and one (1) guest for the Arizona Diamondbacks regular season home game played on March 29, 2018, at Chase Field (Phoenix, Arizona); and (ii) the opportunity for Winner to hold an American flag during the National Anthem ceremony before the game on March 29, 2018 (each, a "Prize" and collectively, "the **Prizes"). Approximate Retail Value of each Prize: $38.00-$100.00, based on the location of game tickets which shall be determined by Sponsor at its sole discretion. The seating location of all tickets awarded as Prizes, and the exact nature and duration of the flag-holding opportunity shall be determined by Sponsor (defined below) in its sole discretion and subject to availability. If Winner cannot physically hold the flag, reasonable accommodations shall be made so that Winner may be on the field during the ceremony. Winner may designate a child twelve (12) through and including seventeen (17) years of age to participate in the ceremony in Winner's place, subject to the child's parent/legal guardian's execution of the Release of Liability described below, so long as Winner is also in attendance at the game. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.
PRIZE NOTIFICATION RESPONSE TIME: Forty-eight (48) hours from the time of issuance of Prize Notification (defined below) (the "Required Response Time").
WINNERS LIST: For a list of Winners, mail a request and a self-addressed stamped envelope to be received by December 31, 2018, to: Hold the Flag Sweepstakes Winners List, c/o Arizona Diamondbacks, P.O. Box 2095, Phoenix, AZ 85001.
SPONSOR: The Sponsor of the Sweepstakes is AZPB Limited Partnership, dba Arizona Diamondbacks, 401 E. Jefferson Street, Phoenix, AZ 85004 ("Sponsor").
HOW TO ENTER: You may enter the Sweepstakes during the Entry Period as often as you would like in any of the three (3) ways set forth below. No other method of entry will be accepted.
- Online: Go to www.dbacks.com/holdtheflag and click on the Sweepstakes banners, buttons and/or links to access the online entry form for the Sweepstakes. By successfully transmitting a completed online entry form as directed, you will be entered in the Sweepstakes. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, MLB.com's Terms of Use accessible at: http://mlb.mlb.com/mlb/official\_info/about\_mlb\_com/terms\_of_use.jsp and Privacy Policy accessible at: www.mlb.com/privacy. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate entries are void. All online entries must include a valid email address for the entrant. Online entrants to the Sweepstakes may be given the option to receive (a) commercial emails from dbacks.com and/or MLB.com, and/or (b) mobile text messages and updates from dbacks.com; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any entrant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
- Tear Pad: Complete and submit an official tear pad paper entry form available at Arizona Diamondbacks Fan Fest on February 17, 2018, and other select Arizona Diamondbacks events throughout Arizona, while supplies last. Entrants must fully complete and submit to Sponsor during the event all non-optional data requested on the tear pad paper entry form to be eligible. Incomplete and/or inaccurate entries are void. Tear pad paper entry form entrants may, but are not obligated to, provide their email address on the form; Sponsor will use any email addresses provided via the tear pad paper entry form method for prize notification purposes only. Tear pad paper entry form entries become the property of Sponsor and will not be returned.
- Mail-in: Hand-print your full name, address, city, state and zip code, day and evening telephone numbers (including area code), date of birth and email address (optional); name of the Sweepstakes ("Hold the Flag Sweepstakes"); and the following statement: "I acknowledge that I have read, understand and agree to the Sweepstakes Official Rules" on a 3"x5" postcard and mail it in an envelope with proper postage affixed to: Hold the Flag Sweepstakes Entry, c/o Arizona Diamondbacks, P.O. Box 2095, Phoenix, AZ 85001. Sponsor will use email addresses provided via the mail-in entry method for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's provision of this information. Mail-in entries must be received by Sponsor by March 19, 2018, to be eligible. Mail-in entries become the property of Sponsor and will not be returned.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (excluding Florida and New York) including its commonwealths, territories and possessions (collectively referred to herein as "states") who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) 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 the MLB Entities 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 Sweepstakes are not eligible to participate or win the Prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void in Florida and New York, and where prohibited or restricted by law, rule or regulation.
RANDOM DRAWING: The potential winners of the Sweepstakes will be selected by random drawing on or about March 20, 2018, from among all eligible entries received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Sweepstakes (each, a "Winner" and collectively, the "Winners"). The decisions of Sponsor are final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the total number of eligible entries received. Limit one (1) Prize per person, family or household, regardless of method of entry and quantities of entries submitted.
PRIZE CONDITIONS: All Prize details, including exact game date and seat locations at the game, shall be determined in the sole and absolute discretion of Sponsor. 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 the Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and all other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Each Winner's guest must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game dates and times are determined in the sole discretion of the BOC and/or the applicable Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each Winner and his/her guest agree to comply with all applicable ballpark or venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest 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. 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 Properties, Inc., The MLB Network, LLC, 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. 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 tickets awarded as the Prize may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game tickets.
NOTIFICATION: Each potential winner will be notified at the email address, postal address, and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within the Required Response Time, declines the Prize for any reason, or cannot attend the Arizona Diamondbacks game on March 29, 2018, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability within the Required Response Time. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, the other MLB Entities, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLBAM by telephone, email and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize such Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, 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.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider ("ISP"), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prizes or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in the Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of the Sweepstakes is unlawful and subject to legal action by Sponsor, MLBAM and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor and MLBAM also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. 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 (ISP) or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
As a condition of entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, controversies or causes of action arising out of or relating to the Sweepstakes, 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 Maricopa County, Arizona 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 (ii) 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 Arizona, applicable to contracts entered into and performed exclusively in that State.
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