DODGERS LIVE TRIVIA CONTEST (the “Contest”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVEL NOT INCLUDED.
The object of the Contest is for Participants (defined below) to accumulate points by providing correct and timely answers (each a “Submission”) to questions posed during designated live trivia games (each a “Competition”) that Sponsor (defined below) may provide from time to time during the Contest Period (defined below) via the MLB Ballpark mobile app (the “App”). Winners (defined below) of each Competition will be determined and notified in accordance with these Official Rules. To download the App to your mobile device, visit: https://www.mlb.com/apps/ballpark.
Sponsor shall determine, in its sole and absolute discretion, the total number of Competitions, if any, that will occur during the Contest Period. Sponsor may stage, promote, and provide live trivia games via the App during the Contest Period that are not part of the Contest, do not constitute Competitions, are not governed by these Official Rules, and for which no Prizes (defined below) will be awarded.
Sponsor reserves the right to modify, amend, expand, contract, and/or discontinue the Contest and/or any aspect or element thereof, including, without limitation, any or all Competitions, in its sole and absolute discretion, at any time, for any reason or for no reason, with or without notice.
ELIGIBILITY: The Contest is open only to legal residents of the United States (including its commonwealths, territories, and possessions) who are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older at the time of entry. Employees, officers, and directors, and their 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 Los Angeles Dodgers LLC ("Sponsor"), the other MLB Entities (defined below), Xcite Interactive, Inc., and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, and advertising and promotion agencies, and any other entity associated with the Contest, are not eligible to participate in the Contest or win a Prize. "MLB Entities" means the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees, and Councils, the Major League Baseball Clubs ("Clubs"), MLB Advanced Media, L.P. ("MLB"), Major League Baseball Properties, Inc., The MLB Network, LLC, 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.
The Contest is subject to all applicable federal, state, territory, and local laws, rules, and regulations. Void where prohibited or restricted by law, rule, or regulation.
CONTEST PERIOD: The period during which Sponsor may stage and promote Competitions shall begin on June 15, 2020, at 9:00:00 a.m. Pacific Time ("PT"), and end on December 31, 2020, at 5:00:00 p.m. PT (the "Contest Period").
ENTRY PERIOD: Not less than twenty-four (24) hours in advance of each Competition, Sponsor shall determine and announce the start date and time and end date and time during which Submissions may be provided (each, an "Entry Period") for the applicable Competition.
HOW TO ENTER: To enter a Competition, eligible entrants must log-on to the App, visit the "Turbo Trivia" module on the Los Angeles Dodgers Team Page, and then click on the applicable banners, buttons, and/or links necessary to participate in the Competition, during the applicable Entry Period. By fully completing and/or providing all aspects, elements, and information necessary for the log-on process (collectively "Entry Data") during the applicable Entry Period, each entrant will be automatically registered for the Competition and herein referred to as a "Participant." Each Participant will be given a username, which will be randomly assigned to the Participant as part of the log-on process. Participants may change their username at any time. All game activity of each Participant will be connected to his/her username.
Participants may be given the option to receive (i) commercial emails and/or mobile text messages from Dodgers.com and/or MLB.com and (ii) messages and updates from the App. However, eligibility to participate in the Contest is not dependent upon Participant’s consent to receive such emails, mobile text messages, messages, or updates, and consenting to receive such emails, mobile text messages, messages, and updates will not impact any Participant’s chances of winning any Competition or receiving a Prize. Standard messaging rates apply to mobile text messages and updates. Participants may check with their mobile service provider for more information.
Specific rules for each Competition may be provided on the App (“Supplemental Rules”). By participating in a Competition, each Participant agrees to abide by all Supplemental Rules set forth for such Competition, as well as these Official Rules.
App entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software, and/or hardware that may be required in order to enter and/or participate in a Competition. Standard data fees may apply. See your wireless provider for pricing plan details.
Submissions AND POINTS: Participants may earn points in a Competition by providing Submissions during the applicable Entry Period. Points are awarded for providing correct answers to the trivia questions that are posed, and for the speed by which correct answers are provided after the questions are posed. Points are tabulated and awarded via an automated process throughout the Competition. At the end of the Competition, the Participant(s) who was(were) awarded the highest number of total points will be deemed the potential winner(s) of the Competition. Subject to verification of eligibility and compliance with the terms of these Official Rules, each potential winner will be declared an official winner of the applicable Competition (each a “Winner” and collectively, the “Winners”). In the event of a tie, the potential winner who reached the tied point total first shall be declared the Winner.
PRIZES: A minimum of one (1) prize will be awarded for each Competition (each, a "Prize" and collectively, the "Prizes"); i.e., one (1) Prize per Winner. The specific Prizes, the number of Prizes awarded, and the approximate retail value of each Prize will be stated on the App for each applicable Competition. Prizes may include, but are not limited to or guaranteed to include, gift cards from local restaurants and businesses and other similar items provided by third parties ("Third-Party Prize Providers").
PRIZE NOTIFICATION: An automated on-screen notification within the App (the "Prize Notification") will notify potential winners of their status as a potential winner, the Prize that they have been awarded, and the means by which, once declared a Winner, they may claim, redeem, or receive the applicable Prize. Sponsor reserves the right to contact potential winners via the email address used to log-in to the App in connection with verifying eligibility and compliance with the terms of these Official Rules, and to contact Winners via the same means in connection with awarding and/or providing Prizes to such Winners.
Winners must claim their Prize within five (5) days of the Prize Notification. In the event that any Winner does not claim their Prize within that five (5) day period, or declines a Prize for any reason, a disqualification will result, the Prize will be forfeited, and, at Sponsor’s sole and absolute discretion and time permitting, an alternate Winner may be determined by Sponsor based on the next-highest point total for the applicable Competition. Each potential winner may be required to submit his/her valid social security number and/or other identification, information, or documentation to Sponsor, and also may 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 Prize Notification. Failure to submit and/or return any identification, information, or documentation required by Sponsor within the specified time period, return of any Prize (or any portion thereof) or Prize Notification as undeliverable, or any noncompliance with these Official Rules, may result in disqualification, Prize forfeiture, and, at Sponsor’s sole and absolute discretion and time permitting, may cause an alternate Winner to be determined by Sponsor based on the next-highest point total for the applicable Competition.
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, territory, and local taxes (including income and withholding taxes) associated with or relating to the Prize. All costs and expenses associated with Prize acceptance and use which are not specifically included in the Prize, including, but not limited to, transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the Winner. All 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 in its sole and absolute discretion.
CONSENT, LICENSE, AND RELEASE: In exchange for the opportunity to participate in the Contest and potentially receive a Prize, the receipt of which shall be recognized and deemed to be valuable and sufficient consideration in exchange for providing this Consent, License, and Release ("CLR"), each Participant does hereby:
(1) consent to the collection by Sponsor and MLB (or their designees) of his/her personal information, including, without limitation, name, date of birth, address, telephone number(s), email address(es), likeness, image, and voice (individually and collectively, “Personal Information”) in connection with the Contest;
(2) grant to Sponsor, MLB, and each of their respective designees, the perpetual and unlimited right and license to use, edit, modify, duplicate, and/or create derivative works from his/her Entry Data and Submissions throughout the world via any media now known or hereafter developed, without limitation and without notice or payment of any compensation to the Participant or his/her heirs and successors, except where prohibited by law, including, but not limited to, the right for Sponsor and/or MLB to publish, display, broadcast, distribute, reproduce, perform, and otherwise use and exploit the Entry Data and Submissions via the Internet or any other interactive media, in stadium, on television, and in print (i) on its own or as part of any audio, visual, or other production; (ii) to advertise any products, programming, or services of the MLB Entities or for any other advertising, marketing, publicity, and promotional purposes; and (iii) for any other purpose whatsoever;
(3) 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, statements, appearance, and performance, in whole or in part, for advertising, promotional, and trade purposes in any and all media now known or hereafter developed, worldwide, 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 his/her Entry Data and Submissions and to use both in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use his/her Entry Data and Submissions for all of the purposes hereunder; furthermore, each Participant acknowledges and agrees that this CLR is intended to satisfy any and all of the consent requirements of Sections 3344 and 3344.1 of the California Civil Code, and hereby waives and releases any and all claims that he/she may have or hereafter have against the Released Parties (defined below) under those statutes or any other statutes or common law principles of similar effect;
(4) acknowledge and agree that, with respect to Personal Information, the MLB Entities shall have the right, subject to applicable law, to (i) incorporate certain of the Personal Information into the Entry Data and/or Submissions and use such Personal Information as incorporated therein; (ii) analyze and use the Personal Information for any and all purposes, including, without limitation, sending the Participant advertising and promotional materials and for any other advertising, marketing, and promotional purposes; and (iii) to share the Personal Information with third parties for their advertising, marketing, and promotional purposes or for any other purposes;
(5) acknowledge that Participant shall have no right of approval of any use of his/her Personal Information, Entry Data, and Submissions as permitted hereunder;
(6) agree that Participant shall use any copy of his/her Entry Data or Submissions that he/she obtains solely for his/her personal, non-public, non-commercial use; and
(7) indemnify, hold harmless, and fully release the Released Parties (defined below) from any and all claims, demands, losses, promises, causes of action, and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, any Contest-related activity or event, any Competition, or any Submissions, or resulting from the acceptance, possession, quality, or use or misuse of a Prize (or any portion thereof, including any activity or event related thereto), including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy.
Nothing contained herein will obligate the MLB Entities to make any use of any of the rights set forth herein. In the event that any individual provides Personal Information with or through a Participant, but does not submit a separate CLR, the Participant hereby represents and warrants (i) that such individual has authorized Participant to agree to this CLR on his/her behalf (or, with respect to any individual under the legal age of majority in his/her jurisdiction of residence, that Participant is the parent and/or legal guardian of such individual, with legal authority to act on behalf of such individual) and (ii) that Participant agrees to this CLR on behalf of such individual.
CONTENT RESTRICTIONS: Participants shall not include any of the following content in connection with any aspect of the Contest, including, without limitation, usernames, passwords, other log-in credentials, Entry Data, or Submissions: (i) vulgarity, profanity, nudity, or material which is adult-oriented, sexually-explicit, indecent, or inappropriate; (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) false, libelous, defamatory, disparaging, tortious, 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, e-cigarettes, alcohol, or drugs; (viii) dangerous stunts or real weapons of any kind, including, but not limited to, guns, knives, or projectiles; (ix) 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, territory, or local law, ordinance, or regulation; (x) any individual under legal age of majority without providing a signed release from his/her parent or legal guardian; (xi) audio, visual, and/or multimedia content owned by any third party (e.g., recorded music, pre-produced video, etc.); or (xii) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any state/territory where the Entry Data and/or Submissions are created, including, but not limited to, laws relating to rights of privacy or publicity. Any Participant who provides or submits any Entry Data or Submission that does not comply with the foregoing, in the sole and absolute discretion of Sponsor, will be disqualified from the Contest.
Furthermore, Sponsor shall have the right, in its sole and absolute discretion, to disqualify any entrant and/or Participant, for any reason or for no reason, and to preclude any individual from participating in the Contest and/or any Competition.
CONTEST ADMINISTRATION: Sponsor will be solely responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer/server shall provide and constitute the official clock and calendar for the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
GENERAL CONDITIONS: By participating in the Contest, each Participant (i) accepts and agrees to be bound by these Official Rules and any supplemental rules, including all entry requirements, and MLB's Privacy Policy and Terms of Use; and (ii) gives his/her express permission to be contacted by Sponsor and/or its representatives and/or representative(s) of another applicable MLB Entity for Contest administration purposes. Sponsor, each of the other MLB Entities, Apple, Inc., Facebook, Inc., Xcite Interactive, Inc., Third-Party Prize Providers and each of their respective parents, affiliated companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, telecasters, sponsors, advertising and promotional agencies, owners, general and limited partners, members, shareholders, officers, directors, agents, employees, representatives, and contractors (collectively, the "Released Parties") are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, or garbled entries, transmissions, email, or mail; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or other materials; cancellation or postponement of any Major League Baseball game/event/exhibition; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Contest, including, without limitation, errors or difficulties which may occur in connection with administration of the Contest, processing of entries, announcement of Winners, or any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website or App users (e.g., hacking) or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any entrant's, Participant's, or to any other person's computer and/or wireless device related to or resulting from participating in the Contest or downloading materials from or use of the App. Persons who tamper with or abuse any aspect of the Contest or the App; attempt to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant, Participant, or any representative of Sponsor and/or any other MLB Entity; or who are in violation of these Official Rules, as determined by Sponsor in its sole and absolute discretion, will be disqualified and all associated entries will be void. Sponsor shall have the right, in its sole and absolute discretion, to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes. Released Parties (i) make no warranty, guaranty, or representation of any kind concerning any Prize (or any portion thereof) and (ii) disclaim any warranty, express or implied. Sponsor's failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision.
Sponsor and MLB reserve the right, in their sole and absolute discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) in the event Sponsor is prevented from executing the Contest as contemplated herein by any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic, pandemic, or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor and MLB also reserve the right, in their sole and absolute discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Contest. In the event of cancellation, Sponsor may elect to identify Winners and award Prizes by assessing all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole and absolute discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE APP OR ANY WEBSITE ASSOCIATED WITH THE CONTEST, OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST, MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries, Entry Data, or Submissions generated by a script, macro, bot, 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 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 the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with the such email address.
ARBITRATION; CLASS ACTION WAIVER: As a condition of entering the Contest, each entrant and Participant agrees that (i) any and all disputes, claims, controversies, or causes of action arising out of or relating to the Contest or any Prizes awarded (each, a “Claim”) shall be (a) 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 (b) settled by binding arbitration in New York County, New York 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 (ii) under no circumstance will any entrant or Participant be permitted to obtain awards for, and each entrant and Participant 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 New York, including all laws applicable to contracts entered into and performed exclusively in that state.
WINNERS LIST: For a list of the Winners, mail a request and a self-addressed stamped envelope to be received not later than ninety (90) days after the end of the Contest Period to: Dodgers Live Trivia Contest Winners List, c/o Los Angeles Dodgers LLC, 1000 Vin Scully Avenue, Los Angeles, California 90012.
SPONSOR: The Sponsor of the Contest is Los Angeles Dodgers LLC, 1000 Vin Scully Avenue, Los Angeles, California 90012.
The Contest is a skill contest designed to increase consumer awareness of and interest in Major League Baseball. The Contest may not be used for, or in connection with, any form of gambling. All Entry Data provided via the App is provided to Sponsor and/or MLB. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. Apple is not a participant in or sponsor of the Contest. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.