Win Jon Berti's Game-Used Bat Sweepstakes (The "Sweepstakes") - Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

ENTRY PERIOD: The Sweepstakes entry period (the “Entry Period”) begins at 12:00 AM Eastern Time (“ET”) on May 19, 2020, and ends at 11:59 PM ET on May 19, 2020.

PRIZE: One (1) Prize will be awarded. The Winner will receive one (1) Jon Berti game-used bat (the “Prize”). Approximate Retail Value of the Prize: $150.00 USD.

PRIZE NOTIFICATION RESPONSE TIME: Seven (7) days from the date of issuance of Prize Notification (defined below) (the “Required Response Time”). Prize will not be delivered to Winner until Marlins Park is reopened to the public.

WINNER LIST: For the Winner’s name, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Drawing Date to: Win Jon Berti’s Game-Used Bat Winners List c/o Miami Marlins, 501 Marlins Way, Miami, FL 33125.

SPONSOR: The Sponsor of this Sweepstakes is Marlins Teamco LLC, 501 Marlins Way, Miami FL 33125 (“Sponsor”).

HOW TO ENTER: You may enter the Sweepstakes in one (1) of the following two (2) ways: online or email. No other method of entry will be accepted. Limit one thousand (1000) entries per person/email address/Home Run Rewards account/household, regardless of method of entry. Additional entries beyond the specified limit will void.

  1. ONLINE METHOD. During the Entry Period go to https://marlinsrewards.com to log in to your Home Run Rewards Program account and follow the links and instructions to redeem ten (10) Home Run Rewards points to receive one (1) entry into the Sweepstakes. By successfully redeeming your Home Run Rewards points 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 Major League Baseball’s Terms of Use accessible at: mlb.com/tou and Privacy Policy accessible at: mlb.com/privacy. Entrants must fully complete and submit all non-optional data requested on the Home Run Rewards entry form to be eligible. Incomplete and/or inaccurate entries are void.
  2. EMAIL METHOD. To enter without a Home Run Rewards account or without redeeming your Home Run Rewards points, email your full name, address, city, state and zip code, day and evening telephone numbers (including area codes), date of birth, and the following statement: “I acknowledge that I have read, understand and agree to the Sweepstakes Official Rules” to [email protected], with the name of the Sweepstakes (“Win Jon Berti’s Game-Used Bat”) in the subject line, to receive one (1) entry into the Sweepstakes. E-mail addresses provided via will be used for prize notification purposes only. Email entries become the property of Sponsor and will not be acknowledged or returned. Submissions submitted by email that do not comply with these Official Rules will be void, eliminated and not eligible for consideration.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the State of Florida who are eighteen (18) years of age or older 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 Sponsor, the other 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 “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. The Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations. Void outside Florida and where prohibited or restricted by law, rule or regulation.

RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about May 20, 2020 (“Drawing Date”) from among all eligible entries received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received.

PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. The 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 any and all expenses incurred by accepting the Prize 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 the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Prize may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture.

NOTIFICATION: The 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 provided at the time of entry or associated with your Home Run Rewards Program account, as applicable (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, 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. The 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 and, unless prohibited by law, Publicity, 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, Fanatics Apparel, LLC, Fanatics Retail Group Concessions, LLC, Nike, Inc., Facebook, Inc. (“Facebook”), Apple, Inc. 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 the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLB by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsor, MLB and each of their respective designees the right to publicize the 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 Prize 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 this 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 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. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor, MLB 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 the 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 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 Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor and MLB 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 THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS 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, 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.

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, Home Run Rewards Program account, the winning entry will be declared made by the Authorized Account Holder of the email address and/or Home Run Rewards Program account used 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 or other organization (such as a business or educational institution) has assigned the email address for the domain used to log in to the Home Run Rewards Program associated with the email address.

As a condition of entering this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this 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 Miami-Dade County, Florida 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 Florida, U.S.A, applicable to contracts entered into and performed exclusively in that State.

Apple, Inc. is not a sponsor of, or responsible for conducting, the Sweepstakes. All entry data provided via the Home Run Rewards Program is provided to Sponsor and/or MLB and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.

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