Swing For Your Seats (The "Promotion") - Official Rules

1 Eligibility. To be eligible for the Promotion, a person must: (a) be a legal resident of the United States (including its commonwealths, territories, and possessions but excluding any states that prohibit a promotion of this nature) who is 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 Promotion registration; (b) be a 2024 regular season Miami Marlins member (“Marlins Member”); and (c) NOT be or have been a collegiate (including, without limitation, NCAA Division I, NCAA Division II, NCAA Division III, NAIA, Junior College, or any other collegiate baseball level) or major, minor, independent league, or any other (domestic or international) professional baseball or softball player. Employees, officers, owners, 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 Marlins Teamco LLC (“Sponsor”), Marlins Funding LLC, Marlins Holdings LLC, Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC (collectively, the "Marlins"), 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 Promotion are not eligible to participate in this Promotion in any way. 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 ultimate determination of whether an individual is eligible or ineligible shall be made by the Marlins, in its sole and absolute discretion. The Promotion is subject to all applicable federal, state, and local laws, rules, and regulations. Void where prohibited.

2. Promotion Registration. To participate in the Promotion, eligible Marlins Members must first register for the Promotion. To register, eligible Marlins Members must (a) visit http://marlins.com/swingforyourseats (“Website”) and submit the Promotion registration form or (b) register with their designated Marlins ticket representative (e.g., in-person or via telephone). By registering for the Promotion, each registrant (“Registered Marlins Member”) gives their express permission to be contacted by the Marlins and/or MLB by telephone, email, and/or postal mail for Promotion purposes. All information submitted online is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use accessible at: mlb.com/touand Privacy Policy accessible at: mlb.com/privacy. All information submitted offline is subject to, and will be treated in a manner consistent with the Marlins Offline Privacy Policy, accessible at https://www.mlb.com/marlins/official-information/offline-privacy-policy. Limit one (1) registration per person. Registration must be received prior to 8:00 PM ET on January 26, 2024 in order to be valid.

3. Swing For Your Seats. Each Registered Marlins Member will receive up to four (4) tickets (for the Marlins Member and up to three (3) guests, collectively referred to as the “Member Group”) to attend the Promotion hitting event scheduled to take place at loanDepot park (“Ballpark”) from 5:30 PM Eastern Time ("ET") through 8:45 PM ET on January 26, 2024 ("Date of the Promotion"). The hitting event will provide, for each Registered Marlins Member, the opportunity for his/her Member Group to receive up to two (2) Turns, subject to the limitations set forth below. A "Turn" means the opportunity for one (1) person to step into the batter’s box and bat at a maximum of three (3) baseballs pitched by an automatic pitching machine at a height, speed, and interval to be determined by the Marlins, in its sole and absolute discretion, and all regardless of whether the batter swings at any or all such pitches. Unless otherwise explicitly approved in writing by Sponsor prior to a Member Group’s Turns, the Registered Marlins Member is required to bat one (1) of the available Turns him/her-self and may designate up to one (1) proxy to bat (“Proxy”), all provided that no more than two (2) individuals may receive the Member Group’s Turns. In other words, a Member Group’s two (2) Turns shall be executed by the Registered Marlins Member and one (1) Proxy. Any Registered Marlins Member or Proxy who bats for a Turn shall be a "Batter". The Marlins, in its sole discretion, shall determine the exact time of each Batter’s Turn.

Note: A Proxy must be (a) of legal age of majority in their jurisdiction of residence (and at least eighteen (18) years of age) and have agreed to serve as a Proxy and Batter as described herein, or (b) the child or legal ward of the applicable Registered Marlins Member ("Child"). If a Proxy is a Child, the Registered Marlins Member must accompany his/her Child at the Child’s Turn. Notwithstanding the foregoing, a Proxy shall NOT be or have been a collegiate (including, without limitation, NCAA Division I, NCAA Division II, NCAA Division III, NAIA, Junior College, or any other collegiate baseball level) or major, minor, independent league, or any other (domestic or international) professional baseball or softball player. The ultimate determination of whether a Proxy is ineligible, and thus disqualified, shall be made by the Marlins, in its sole and absolute discretion. No Proxy is eligible to win a prize, as further described in Section 5 below.

Limit of two (2) Turns per Member Group and one (1) Turn per Batter. For clarity, if the Registered Marlins Member does not designate a Proxy, he/she shall only be entitled to one (1) Turn, and during such Turn, the Registered Marlins Member is required to bat.

4. Turn Conditions. Batters must present valid identification on the Date of the Promotion in order to participate. All Batters must sign a waiver prior to entering the batter's box and must wear a batting helmet and use a baseball bat provided by the Marlins. The exact time, order, nature, and duration of Turns shall be determined by the Marlins, in its sole and absolute discretion. Transportation to/from the Ballpark, parking, and lodging are not included and are the responsibility of each Promotion attendee. Each attendee agrees to comply with all applicable Marlins and Ballpark regulations in connection with the Promotion. Participation in the Promotion at the Ballpark is subject to participant’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. The Marlins and the applicable MLB Entities reserve the right to remove or to deny entry to any participant who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the Promotion event. The Marlins and the MLB Entities will not be responsible for Batters missing their Turn, or cancelling, rescheduling, or postponing the Promotion, or any portion thereof for any reason or for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppage, pandemic, epidemic, or any other natural disaster outside their control that may cause the cancellation or postponement of the Turn or Promotion.

5. Two Ways to Win. A Registered Marlins Member may be eligible to be declared a winner in one (1) of two (2) ways (collectively referred to herein as “Winner”), as described below. Winners will be determined and announced following conclusion of the Promotion.

Home Run. If any Batter hits a Home Run (as defined below), the Registered Marlins Member for such Batter’s Member Group will be declared a winner of the Promotion(each, a "Home Run Winner") (subject to verification of eligibility and compliance with these Official Rules); provided, however, that if a Registered Marlins Member has been deemed a Home Run Winner at a previous Swing for Your Seats or similar hitting event promotion, such Registered Marlins Member shall be ineligible to deemed a Home Run Winner for this Promotion and, therefore, ineligible to win the Home Run Prize (as defined below) for this Promotion. For the avoidance of doubt, if a Proxy hits a Home Run, the Registered Marlins Member that designated such Proxy shall be deemed the Home Run Winner. No Proxy is eligible to win or claim a prize. A “Home Run” shall occur when, during a Turn, the Batter hits the baseball over the outfield fence of the Ballpark, in fair territory, without bouncing on the field. The ultimate determination of whether a hit constitutes a Home Run shall be made by the Marlins in its sole and absolute discretion. Home Run Winners will be automatically ineligible to be considered for any prizes outside of the Home Run Prize (as defined below). In other words, a Home Run Winner is limited to one (1) prize, which is the Home Run Prize. Limit one (1) Home Run Prize per Registered Marlins Member/Member Group.

Compete for Points. The Ballpark will feature certain hitting targets with point valuations (“Points”), as determined by the Marlins. The target layout, total number of targets, and each target’s attributable Points are subject to change at any time and shall be determined by the Marlins in its sole and absolute discretion. Each Batter will accumulate Points for baseballs hit and which land within the designated targets. The sum of all Points scored by the Batter during his/her Turn will represent his/her score. The ultimate determination of whether a hit baseball lands within a target and earns Points shall be made by the Marlins in its sole and absolute discretion. The Registered Marlins Member for the Batters achieving the top five (5) scores (i.e., highest number of points) will be declared a “Competition Winner” of the Promotion (subject to verification of eligibility and compliance with these Official Rules), provided such Registered Marlins Member is not a Home Run Winner. For the avoidance of doubt, Points earned by a Proxy will be attributed to the Registered Marlins Member that designated such Proxy. No Proxy is eligible to win or claim a prize.

6. Prizes. The Promotion features a Home Run Prize and Competition Prizes (collectively referred to herein as “Prizes”), as follows:

Home Run Prizes. Each Home Run Winner who hits a Home Run will receive the lesser of: (i) a credit reflecting the full purchase price of their 2024 regular season Miami Marlins membership (“Eligible Package”) or (ii) a Ten Thousand Dollar ($10,000.00) credit to be deducted from the full purchase price of their Eligible Package (each, a "Home Run Prize"). For clarity, because a Registered Marlins Member that has been deemed a Home Run Winner at a previous Swing for Your Seats or similar hitting event promotion is ineligible to be deemed a Home Run Winner for this Promotion, such Registered Marlins Member is ineligible to win the Home Run Prize for this Promotion. The approximate retail value (“ARV”) of each Home Run Prize is dependent upon the purchase price of the respective Winner's Eligible Package (maximum of $10,000.00). For avoidance of doubt, Eligible Packages, and thus the full payment amount of an Eligible Package for determining the value of a Home Run Prize, do not include any Postseason tickets or tickets for any MLB Jewel Events. Limit one (1) Home Run Prize per Registered Marlins Member/Member Group.

Competition Prizes. Five (5) Competition Prizes Will Be Awarded. Competition Prizes will include a First Prize, Second Prize, Third Prize, Fourth Prize, and Fifth Prize, to be awarded to the Registered Marlins Member whose Batter achieved the applicable first, second, third, fourth, and fifth highest Point score, and provided that such Registered Marlins Member did not win a Home Run Prize. The Competition Prizes are set forth below; provided, however, that the Marlins reserve the right to add, remove, edit, and/or amend any Competition Prizes at any time. Due to the unique nature of the Competition Prizes, no retail value can be determined. For the avoidance of doubt, a Registered Marlins Member may win more than one (1) Competition Prize (but may not win a Competition Prize if he/she has won a Home Run Prize).

First Prize - One (1) baseball bat autographed by a Miami Marlins player at Sponsor’s sole discretion.

Second Prize – One (1) baseball autographed by a Miami Marlins player at Sponsor’s sole discretion..

Third Prize – One (1) photograph autographed by a Miami Marlins player at Sponsor’s sole discretion..

Fourth Prize – One (1) photograph autographed by a Miami Marlins player at Sponsor’s sole discretion..

Fifth Prize – One (1) bobblehead.

Actual value of each autographed item is subject to market fluctuations. No certificate of authenticity is provided by Sponsor. Item is not used.

In the event of a tie for any Competition Prize, the tie will be broken on the Date of the Promotion by a set of trivia questions (“Tiebreaker”), subject to the Tiebreaker Details set forth below. The outcome of the Tiebreaker will impact all Competition Prizes, as described below. The exact time, nature, and all other details of the Tiebreaker shall be determined by the Marlins, in its sole and absolute discretion. The Registered Marlins Member that wins the Tiebreaker shall be deemed the Winner of the applicable Competition Prize. If a specific tied Registered Marlins Member is not able to participate in the Tiebreaker, the applicable Registered Marlins Member shall be declared to have forfeited the Tiebreaker. Any Registered Marlins Member who loses or forfeits the Tiebreaker will win the subsequent, lower ranked Competition Prize (if any). As a clarifying example, if there is a tie between two (2) Registered Marlins Members for First Prize, the Registered Marlins Member who wins the Tiebreaker will win First Prize; the Registered Marlins Member who loses the Tiebreaker will win Second Prize; and the remaining Competition Prizes will be awarded to the Registered Marlins Members for the Batters with the next highest Turn scores.

Tiebreaker Details: The tied Registered Marlins Members will be asked to answer, without assistance of any kind, an MLB themed question selected by Sponsor. Registered Marlins Members participating in a Tiebreaker will have a time limit of five (5) seconds to answer the question. The one (1) Registered Marlins Member that answers the question correctly in the shortest amount of time will be declared a winner for the Competition Prize at issue. In the event multiple tied Registered Marlins Members answer the question correctly in the same amount of time, another question will be asked, and this process will repeat until only one (1) Registered Marlins Member answers the posed question correctly in the shortest amount of time. If a Registered Marlins Member answers the question incorrectly, such Registered Marlins Member will not be able to provide a subsequent answer for that question. If all tied Registered Marlins Members answer the question incorrectly, another question will be asked, and the above process will repeat until only one (1) of the Registered Marlins Members answers the question correctly in the shortest amount of time. A question that is not answered in the permitted time period will be considered answered incorrectly.

7. Prize Conditions. All Prize details shall be determined by the Marlins in its sole and absolute discretion. At the conclusion of the Promotion on the Date of the Promotion, Winners of the Competition Prizes must be present at the location of the Ballpark where Competition Prizes are being distributed in order to claim their Competition Prize. Any Winner that is not present upon the conclusion of the Promotion on the Date of the Promotion at the location of the Ballpark where Competition Prizes are being distributed shall be disqualified, any Competition Prize(s) to which they may have been entitled shall be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner for such Competition Prize(s) may be selected based on Point score. Sponsor will not mail, ship, or otherwise distribute the Competition Prizes except by the means set forth herein. The Miami Marlins player who signs an autographed item will be determined in the sole discretion of Sponsor. Under no circumstance will a certificate of authenticity be provided by the Marlins for any Prize containing memorabilia, game-used or otherwise. Actual value of any Prize is subject to market fluctuations. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). In order to claim a Prize, each Winner must complete and sign the Affidavit, Prize Claim, and Releaseand complete and sign all applicable tax forms. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting a Prize, are the sole responsibility of each individual Winner. All Prizes are non-transferable and non-assignable, except at the Marlins' sole and absolute discretion. The Marlins reserve the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE BALLPARK, PARKING, AND LODGING NOT INCLUDED.

8. Waiver of Liability/Publicity Release. By participating in the Promotion, whether as a the Registered Marlins Member or a Proxy, each participant agrees to (a) be bound by these Official Rules; and (b) waive any and all claims against the Marlins, the other MLB Entities, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives, as well as the City of Miami and Miami-Dade County (collectively, "Released Parties") for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from his or her participation in the Promotion or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the Turn or receipt or use of any Prize (or any portion thereof). Each Winner, by acceptance of a Prize, grants to the Marlins, MLB, and each of their respective designees the right to publicize such Winner's name, address (city and state/territory/province 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.

9. General Terms. Released Parties are not responsible for: (a) late, incomplete, inaccurate, delayed, undelivered transmissions, email, or mail; (b) 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, or wireless service congestion; (c) failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; (d) any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; (e) non-delivery, misdirected, blocked, or delayed email notifications; (f) printing, typographical, or other errors appearing within these Official Rules, in any Promotion-related advertisements, or other materials; or (g) 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Promotion registration, or the cancellation or postponement of any Turns. Persons who tamper with or abuse any aspect of the Promotion or attempt to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other person or any representative of the Marlins or the other MLB Entities or who are in violation of these Official Rules, as solely determined by the Marlins, will be disqualified. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Marlins, MLB, or their respective agents. The Marlins shall have the sole right to disqualify any participant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. The Marlins' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

The Marlins reserve the right, in its sole and absolute discretion, to cancel or suspend the Promotion (or any portion thereof) should unauthorized human intervention or other causes corrupt administration, security, fairness, integrity, or proper operation of the Promotion (or any portion thereof). The Marlins also reserve 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 Promotion.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE MARLINS WILL DISQUALIFY ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT, AND THE MARLINS, 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.

As a condition of entering this Promotion, each Registered Marlins Member and Proxy agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Promotion or any Prize 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 Miami, Florida 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 Florida, U.S.A, applicable to contracts entered into and performed exclusively in that State.

10. Winners List. For the winners’ names, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Date of Promotion to: Swing For Your Seats Winner List, c/o Marlins Teamco LLC, 501 Marlins Way, Miami, FL 33125.

11. Sponsor. The Sponsor of the Promotion is Marlins Teamco LLC, 501 Marlins Way, Miami, FL 33125.