Marlins Impact Moments Contest - Community Gamechanger (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 to submit an original essay, (the “Submission”) which nominates a member of the South Florida community (each, a “Nominee”) to be potentially selected and recognized as a “Community Gamechanger” and describes how the Nominee has gone above and beyond to make a positive impact in the South Florida community. Self-nominations will be accepted. Select staff members of Sponsor (the “Judges”) will review the Submissions and select the fourteen (14) most compelling Submissions to determine the winners, subject to and in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the winners.

ELIGIBILITY: The Contest is open only to legal residents of the following Florida counties: Miami-Dade, Broward, Palm Beach, and Monroe (the “Eligible Territory”) who are twenty one (21) years of age 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 Miami Marlins Foundation, Inc. (“Sponsor”), the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Contest are not eligible to participate 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 laws, rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation. Both Participants (as defined below) and Nominees must satisfy the eligibility requirements set forth in this paragraph.

ENTRY PERIOD: The Contest entry period begins on March 22, 2024 at 12:00 AM Eastern Time (“ET”) and ends on July 10, 2024 at 11:59 PM ET (the “Entry Period”). Limit five (5) unique entries per person/email address/Nominee. For purposes of clarity, no person/email address may nominate the same Nominee more than once. Additional entries beyond the specified limit will be void.

HOW TO ENTER: Go to https://www.mlb.com/marlins/community/foundation/impact-moments during the Entry Period and click on the Contest banners, buttons, and/or links to access the entry form for the Contest. Participants must read and consent to these Official Rules during the Contest entry process. All information submitted online by Participants is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use (accessible at: mlb.com/tou) and Privacy Policy (accessible at: mlb.com/privacy). Participants must fully complete and submit all non-optional data requested on the entry form to be eligible. Incomplete and/or inaccurate entries are void. All entries must include a valid email address for the entrant. By successfully transmitting a completed entry form during the Entry Period as directed, the person transmitting the completed entry form will be entered in the Contest and be a “Participant.” Participants may be given the option to receive (a) commercial email from Sponsor and/or MLB and/or (b) mobile text messages and updates from Sponsor or MLB; however, eligibility to participate in the Contest is not dependent upon Participant’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 Participant's opportunity to win. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.

Participants who do not indicate their agreement to these Official Rules will not have their Submissions reviewed. Submissions that do not comply with the Submission Requirements, the Content Restrictions, or otherwise with these Official Rules will be void, eliminated, and not eligible for consideration. Online 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 create and/or submit any Submission.

Submission Requirements: Participants must submit their Submission as directed during the Contest entry process. By submitting a Submission, each Participant represents and warrants 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 in accordance with these Official Rules. Sponsor will not accept Submissions if the short description portion of the Submission exceeds three hundred fifty (350) words. Submissions must be written in English or Spanish. In addition to the foregoing, each Participant represents and warrants that he/she has obtained the permission of the Nominee nominated in the Submission and that the Nominee is a legal resident of the Eligible Territory and is of the legal age of majority in his/her jurisdiction at the time of submission. Participants may be required to provide written consent of the applicable Nominee to Sponsor.

JUDGING: On or about one (1) month prior to each Recognition Game (defined below) (the “Judging Date(s)”), the Judges will score all eligible Submissions received through the applicable Judging Date (excluding any Submissions which have already been determined a winner) based on the following criteria: contribution to respective community (60%) and support of respective organization (40%). The most compelling Submission as determined by the Judges in their sole discretion will be deemed the winning Submission and, subject to verification of eligibility and compliance with these Official Rules, the Nominees featured in the winning Submissions will be declared the official winners of the Contest. In the event of a tie, the Nominee with the most years of service to their respective organization will be selected as the winner. All non-winning eligible entries will automatically carry-over to, and remain eligible for, subsequent Judging Dates, if any.

PRIZE: Fourteen (14) Prizes To Be Awarded. Each winner will receive the opportunity to be recognized at one (1) Friday regular season Miami Marlins home game during the Miami Marlins 2024 season (each a “Recognition Game”), four (4) Clubhouse Box tickets for winner and three (3) guests, inclusive of one (1) $25 credit per ticket, to the Recognition Game at which the winner will be recognized , four (4) Miami Marlins pre-game batting practice passes for winner and guests at the Recognition Game at which the winner will be recognized, one (1) VIP parking pass to the Recognition Game at which the winner will be recognized, and one (1) custom jersey for winner only (see https://www.mlbshop.com/do-you-offer-customized-items/ch-3485 for terms applicable to product customization), (Approximate Retail Value (“ARV”) of each prize:$1,100; total ARV of all prizes: $15,400.) TRANSPORTATION AND LODGING NOT INCLUDED.

PRIZE CONDITIONS: Exact nature, duration, and all other details of the recognition of the winner at the Recognition Game is at Sponsor’s sole discretion and subject to availability. The game date and time for each Recognition Game shall be determined by the Sponsor in its sole discretion. All prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above, including but not limited to transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the winner. The prize is 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. 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 marlins.com/ticketback 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. Each 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 any 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. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see marlins.com/ballpark for details. Sponsor, Marlins Teamco LLC (the “Miami Marlins”), and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike 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. Participation in the prize event is subject to winner’s (and guest’s) consent to and compliance with all health and safety policies of the MLB Entities, including but not limited to the wearing of masks if and when directed.

CONSENT, LICENSE, AND RELEASE: In exchange for the opportunity to participate in this Contest, and the possible use of Participant’s Submission and/or possible appearance of Participant and/or winner in an audio, visual, and/or multimedia production, the receipt of which opportunities shall be sufficient consideration for this Consent, License, and Release, each Participant and winner do 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), and email address(es) (the “Personal Information”) in connection with the Submission;
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 Submission throughout the world via any media now known or hereafter developed, without limitation and without notice or payment of any compensation to the Participant, winner, or his/her heirs and successors, except where prohibited by law, including, but not limited to, the right for Sponsor and MLB to publish, display, broadcast, distribute, reproduce, perform, and otherwise use and exploit the Submission via the Internet or any other interactive media, in stadium, on television, and in print (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, 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 as embodied in the Submission 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 the Submission and use the Submission in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use the Submission for all of the purposes hereunder;
4. acknowledge and agree, with respect to the Personal Information, that the MLB Entities shall have the right, subject to applicable law, to (i) incorporate certain of the Personal Information into the Submission 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 and winner shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
6. agree that Participant shall use any copy of the Submission 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 (as 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, Contest-related activity, Participant’s Submission, or resulting from the acceptance, possession, quality, or use or misuse of the prize (or any portion thereof, including any travel or activity 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 herein will obligate the MLB Entities to make any use of any of the rights set forth herein. In the event that any individual (Including the Nominee named in the Submission) appears with the Participant in the Submission but does not submit a separate Consent, License, and Release, the Participant hereby represents and warrants (a) that such individual has authorized Participant to agree to this Consent, License, and Release 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 (b) that Participant agrees to this Consent, License, and Release on behalf of such individual.

CONTENT RESTRICTIONS: Participants must not include any of the following in any Submission: (a) vulgarity, profanity, nudity, or material which is adult-oriented, sexually-explicit, indecent, or inappropriate; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) false, libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, e-cigarettes, alcohol, or drugs; (h) dangerous stunts or real weapons of any kind, including but not limited to guns, knives, or projectiles; (i) 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 law, ordinance, or regulation; (j) any individual under legal age of majority without providing a signed release from his/her parent or legal guardian; (k) audio, visual, and/or multimedia content owned by any third party (e.g., recorded music, pre-produced video, etc.); (l) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created, including but not limited to laws relating to rights of privacy or publicity; and (m) fictions or misrepresentations about the Nominee and his/her qualifications and contributions. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.

NOTIFICATION: Each Participant that submitted such Submission (and potential winner) will be notified at the email address, postal address, and/or telephone number (as determined by Sponsor) provided at the time of entry (the “Prize Notification”). In the event that any potential winner does not respond to Prize Notification within three (3) business 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 chosen based on the judging criteria from among all remaining eligible Submissions received prior to the applicable Judging Date. 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 Participant that submitted such Submission (and potential winner) may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) business days of the date of issuance. 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 Prize Notification or of the prize (or any portion thereof) as non-deliverable may result in the potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be chosen based on the judging criteria from among all remaining eligible Submissions received prior to the applicable Judging Date.

CONTEST ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer will be the official clock of 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 (on behalf of himself/herself and his/her Nominee) (a) accepts and agrees to be bound by these Official Rules, including all entry requirements, and MLB’s Privacy Policy and Terms of Use; and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for Contest administration purposes. The Sponsor, Marlins Stadium Operator, LLC, Marlins Teamco LLC, Marlins Funding LLC, Marlins Holdings LLC, Marlins Stadium Developer, LLC, Miami-Dade County, the City of Miami, Fifth Generation, Inc., MLB Entities, Apple, Inc., Facebook, Inc., and each of their respective parents, affiliated companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, telecasters, sponsors, and advertising and promotional agencies, any Contest prize provider or commercial sponsor, and each of their respective 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, postage-due, 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 the winners, or any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website 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 entrant’s or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the Contest website. Persons who tamper with or abuse any aspect of the Contest or website; 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 or any representative of Sponsor and/or MLB; or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest 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 MLB reserve the right, in their sole 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 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 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 the winners and award the prizes by judging all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole 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 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, SPONSOR WILL DISQUALIFY ANY ENTRANT 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 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 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 such email address.

ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Contest, each Participant (on behalf of himself/herself and his/her Nominee) agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Contest 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 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 (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. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.

WINNER LIST: For a list of the winners’ names, email a request be received no later than ninety (90) days after the Judging Date to: [email protected].

SPONSOR: The Sponsor of this Contest is Miami Marlins Foundation, Inc., 501 Marlins Way, Miami FL 33125.

The Contest is a skill contest designed to increase consumer awareness of and interest in Major League Baseball. This Contest may not be used for, or in connection with, any form of gambling. All entry data provided via the online entry form is provided to Sponsor and/or MLB. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. Apple is not a participant in or sponsor of this promotion. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.