Pick the Play Official Rules

NO PURCHASE NECESSARY TO PLAY OR WIN A PRIZE. NO PURCHASE OR PAYMENT OF ANY KIND WILL IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND USE OF AN APPLICATION DOWNLOADED TO YOUR PERSONAL MOBILE DEVICE IS REQUIRED TO PLAY. VOID WHERE PROHIBITED. THE PRIZE WINNERS MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, AS MORE FULLY DETAILED BELOW.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, AS MORE FULLY DETAILED BELOW.

1. SPONSOR. Los Angeles Dodgers LLC (“Los Angeles Dodgers” or “Sponsor”), 1000 Vin Scully Avenue, Los Angeles, California 90012.
2. PROVIDER. Kero Sports Inc. (the “Provider”), 900 Biscayne Boulevard, #2206, Miami, Florida 33132.
3. ENTRY PERIOD. The In-App Game will be conducted during the 2023 Los Angeles Dodgers regular season home games between April 14, 2023 and September 24, 2023 (each, a “Game”). Each Game shall have its own entry period that begins when stadium gates open prior to such Game and ends with the final out of such Game (for each Game, an “Individual Entry Period”).
4. ELIGIBILITY. The In-App Game is open to legal residents of the fifty (50) United States and District of Columbia who, at the start of the applicable Individual Entry Period, are of legal age of majority in their jurisdiction (and at least eighteen (18) years of age or older). Eligible persons must be located inside the Los Angeles Dodgers Dodger Stadium to play. Employees and officers of Sponsor, the other MLB Entities (as defined below), the Provider, and their respective parent companies, subsidiaries, affiliates, advertising agencies, authorized dealers, promotional suppliers, prize providers and the immediate family members (spouses, parents, children and siblings and their spouses) or members of the same household (whether related or not) of such individuals are not eligible to enter or win. Void where prohibited. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), 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.
5. HOW TO PLAY THE IN-APP GAME.

A. Download In-App Game Application. To play the In-App Game, you must download the free “MLB Ballpark Application” available at the Apple App Store and/or Google Play (the “Application”) to your Internet-enabled phone, smartphone, tablet or pad (collectively “Digital Device”).

B. Online Application Registration. Once the Application is installed on your Digital Device, click on the “Register”/“Sign in” link that will appear on the landing page and follow the instructions to complete the required online registration form fields as follows: (a) enter your first and last name, enter your personal email address and confirm your entry, then create your password (passwords are case sensitive and should have eight (8) or more characters) and confirm your password; then confirm that you have read, understand and unconditionally agree to these Official Rules and the online privacy policy posted at mlb.com/privacy (the “Privacy Policy”) by clicking on the applicable box. You will also be given the option to receive marketing emails from Sponsor. Sponsor’s marketing emails are not related to playing the In-App Game, and whether or not you elect to receive such marketing emails will have no effect on your ability to enter or your chances of winning a prize in the In-App Game. You can “opt out” at any time from receiving marketing communications from Sponsor by visiting the “Los Angeles Dodgers My Account” unsubscribe webpage at www.dodgers.com or by clicking on the “unsubscribe” link found in any such communication and following the instructions. Even if you do not opt in to receive marketing emails from Sponsor or if you later opt out, Sponsor reserves the right to send you emails about the In-App Game.

C. Playing the Game. Once the Application is installed on your Digital Device and registration is completed, navigate to the “Dodgers Pick the Play” icon and click on “Enter” to enter the In-App Game during the Individual Entry Period for a Game. You will automatically receive one hundred (100) points (each point, individually, shall be referred to as a “Game Event Point”) once you enter the In-App Game during the Individual Entry Period for a Game. During the Game, the Provider will periodically send out questions related to Game events (each, a “Game Event”). These questions may be team trivia questions and predictive-type questions related to in-game plays and, therefore, may expire quickly. Each question will enable you to select one of two potential answers, and questions will be categorized as either head-to-head (“H2H”) or bonus questions. For H2H questions, you will be able to allocate the Game Event Points that you have accumulated during the Game (i.e., not to exceed the total amount of Game Event Points awarded, which shall initially be one hundred (100) toward each question. Each time you correctly answer an H2H question, you will be awarded points. The amount of points you are awarded will be impacted by the amount of Game Event Points being allocated by all other participating players, as point allocation is settled parimutuel. When you incorrectly answer, you will lose the amount of Game Event Points allocated to the particular question. In addition, you will be awarded ten (10) points for each correct answer of an H2H question while your total Game Event Points equals zero (0). Bonus questions will award all players with a fixed amount of points for each correct answer. The fixed amount of points awarded for bonus questions may vary throughout the Game and will be consistent for all participating players. Incorrectly answering a bonus question will not result in any loss of points.

D. Individual Entry Period Leaderboard & Prizing. The Application will automatically record Game Event Points, and your total Game Event Points for the applicable Individual Entry Period will appear on a leaderboard within the Application as soon as the electronic records for the applicable Game are updated. On or about the first calendar day following the end of each Individual Entry Period, Sponsor will tabulate Game Event Points earned by each participant on an individual Game basis to determine the three (3) participants with the highest total number of Game Event Points earned in an individual Game during the applicable Individual Entry Period (each, a “Top Score”). In the event of a tie or multiple ties in the three (3) highest total number of Game Event Points earned by participants in an Individual Entry Period, the winner of such prize will be determined by the following tiebreakers in the following order until a winner is determined: (i) number of overall correct answers during the Game; (ii) highest single point total from a correct answer during the Game; and (iii) first to achieve the score during the Game, as determined by server timestamp).

NO GAME EVENT POINTS WILL BE RECORDED AFTER THE FINAL OUT OF ANY GAME DURING THE APPLICABLE INDIVIDUAL ENTRY PERIOD.

E. Online Access Only. You may enter the In-App Game only through the Application using your Digital Device. No other method of entry will be accepted.

F. Online Terms and Conditions; Privacy Policy. Use of the Application to participate in the In-App Game is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use accessible at: mlb.com/tou. Except as otherwise contemplated in these Official Rules, information collected by Sponsor in connection with the Application and the In-App Game will be used by Sponsor in accordance with the Privacy Policy posted at mlb.com/privacy.

1. TOP SCORES AND ODDS.

A. Top Scores. On or about the first calendar day following the end of each Individual Entry Period, the three (3) participants with the Top Scores for the applicable Individual Entry Period will be determined by Sponsor (see Rule 5.D) above for determination of Top Score winners). Subject to verification of eligibility and compliance with these Official Rules, the three (3) potential winners with the Top Scores will be declared the official Top Score winners for that Individual Entry Period.

B. Odds. The odds of winning the prize for a Top Score are based upon (a) the number of participants playing the In-App Game during the applicable Individual Entry Period and (b) the total number of Game Event Points earned by a participant during the applicable Individual Entry Period.

1. PRIZES.

A. Prize Description. Individual Entry Periods shall make available the following prizes:

1. Individual Entry Period. Each of the three (3) Top Score winners during an Individual Entry Period will receive one (1) prize. Prizes available for the Top Score winners per Individual Entry Period may include one (1) of the following:
2. Two (2) tickets for the winner and one (1) guest to one (1) 2023 Los Angeles Dodgers regular season home Game. The location of the tickets and the date of the home Game shall be determined by Sponsor at its sole discretion. Approximate Retail Value (“ARV”) up to $120 per ticket.
3. One (1) credit worth up to $40 that will be applied to the winner’s MLB Ballpark App Account. ARV of $40.
4. One (1) stadium wide giveaway, bobblehead, or promotional item at Sponsor’s sole discretion. ARV up to $20.

The maximum ARV of all prizes awarded in a single Individual Entry Period will be no more than $300.

B. Other Prize Conditions. All prize details 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 prize acceptance and use which are not specifically included in the applicable prize description above, including, but not limited to, transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of each winner. Sponsor reserves the right to substitute a prize (or any portion thereof) with a prize of comparable or greater value at its sole discretion. In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules for any Entry Period. Except as determined by Sponsor, in its sole discretion, no substitution of a prize is offered, no transfer of a prize to a third-party is permitted, and a prize may not be redeemed for cash value.

C. If applicable, actual value of autographed item(s) subject to market fluctuations. No certificate of authenticity is provided by Sponsor. Item(s) not used.

D. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see dodgers.com/conditions for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must be of legal age of majority in his/her/their jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club 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/exhibition, as defined by Major League Baseball, is not played or held 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 and venue regulations in connection with the prize; see Dodgers.com/ballpark for details. Sponsor and the other MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, 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/event/exhibition ticket.

1. NOTIFICATION. Each potential winner will be notified at the email address associated with the potential winner’s Application account with details on how to collect the prize (the “Prize Notification”). In the event that any potential winner does not respond to the Prize Notification within three (3) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be selected from among the remaining eligible participants in the same manner as the winner forfeiting the prize was selected (i.e., by obtaining the next best score during the applicable Individual Entry Period). Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Each potential winner may be required to execute, and return an Affidavit of Eligibility, Release and Acceptance Form and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance of the Prize Notification. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, or the return of the Prize Notification or of a prize (or any portion thereof) as non-deliverable may result in a potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be selected.

2. CONDITIONS OF PARTICIPATION. This In-App Game is subject to all federal, state and local laws and regulations and is void where prohibited. All other expenses on the receipt and use of a prize not specifically mentioned in these Official Rules are solely the responsibility of each winner. By participating in the In-App Game, each eligible participant agrees (a) to accept and abide by these Official Rules and terms of use of the Application, (b) that any dispute with regard to the conduct of this In-App Game, rule interpretation or award of prize shall be submitted to the management of Sponsor, who will make a final, binding determination, and (c) to waive any and all claims against Sponsor, the other MLB Entities, the Provider, each partner of Sponsor providing prizes for the In-App Game, and the licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the foregoing entities (collectively, “Released Parties”) for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the In-App Game or from receipt or use of any In-App Game prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winner, by acceptance of a prize, grants to Sponsor, MLB, and each of their respective designees the right to publicize his/her/their name, address (city and state/territory 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.

3. DISQUALIFICATION. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the In-App Game; or to be acting in any manner deemed by Sponsor to be in violation of these Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.

4. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THIS IN-APP GAME OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS IN-APP GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR, THE PROVIDER, MLB AND 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.

5. SECONDARY WAGERS STRICTLY PROHIBITED. You are strictly prohibited from engaging in any alternative secondary activity related to your or other users’ activities and performance in the In-App Game, including, but not limited to, making wagers outside of the In-App Game related to points balances or outcomes of individual questions. Any such activity will result in immediate suspension of your In-App Game account.

6. IN-APP GAME ADMINISTRATION. Sponsor and/or MLB will be responsible for resolving any disputes and rules violations that arise in connection with the In-App Game. All decisions by Sponsor and/or MLB regarding the In-App Game shall be final and binding in all respects.

7. LIMITATION OF LIABILITY. Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this In-App Game; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the In-App Game; (d) inaccessibility or unavailability of the Internet, the Application, or any combination thereof; or (e) any injury or damage to participant’s or to any other person’s computer or cell phone which may be related to or resulting from any attempt to participate in the In-App Game or download any materials in the In-App Game. If, for any reason, the In-App Game is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this In-App Game, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the In-App Game in whole or in part.

8. USE OF INFORMATION. Personally identifiable information that is submitted by participants as part of this In-App Game will be used to administer the In-App Game, select the prize winners, and fulfill the prizes.

9. ARBITRATION; CLASS ACTION WAIVER: As a condition of entering and playing this In-App Game, you agree that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this In-App Game or any prizes awarded (each, a “Claim”) shall be (i) 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 (ii) settled by binding arbitration in Los Angeles, California before a single arbitrator appointed by JAMS 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. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, applicable to contracts entered into and performed exclusively in that State.

10. WINNER’S LIST. For a Winners List, please send a self-addressed, stamped envelope to: Los Angeles Dodgers LLC, Marketing Department, 2023 Dodgers Pick the Play In-App Game Winners List, 1000 Vin Scully Avenue, Los Angeles, California 90012 no more than ninety (90) days after the conclusion of the 2023 Los Angeles Dodgers regular season.

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Apple, Inc. is not a participant in or sponsor of this promotion.