METS VIP EXPERIENCE TIKTOK CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Mets VIP Experience TikTok Contest (the “Contest”) begins at 12:00 p.m. ET on September 2nd, 2022 and ends at 9:00 a.m. ET on September 11th, 2022 (the “Contest End Date”) (such period referred to herein as the “Promotion Period”). The Contest is sponsored by Getir US, Inc. (the “Sponsor”). The Contest is in no way sponsored, endorsed, or administered by, or associated with TikTok. You are providing your information to the Sponsor, and not to TikTok. Any questions, comments or complaints regarding the Contest shall be directed to the Sponsor and not to TikTok. The Contest are governed exclusively by the laws of the United States. The information you provide will only be used as described in these Official Rules and in accordance with Sponsor’s privacy policy. This Contest is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.
1. HOW TO ENTER.
During the Promotion Period, to submit an entry: (1) you must follow @getir_us on TikTok; (2) reply to pinned VIP giveaway question with a video on TikTok that meets the eligibility requirements in Section 2 (below); and (3) include the following hashtag: #MrMetLovesGetir in the caption. All three actions are required to be eligible to be entered for a chance to win the Prize (an “Entry” or “Entries”). Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor. Only one entry will be accepted per person. Multiple entries from the same person may be disqualified. No illegible, incomplete, forged or altered entries will be accepted. Sponsor accepts no responsibility if the winner cannot be identified, or for any technical failure or event which may cause the Contest to be disrupted or corrupted. Sponsor reserves the right to disqualify any entry at their absolute discretion.
Internet entry must be made by the participant. Any attempt by participant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest subscription notification and/or entering services, will void participant’s Entries and that participant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Contest Period to participate. Sponsor's database clock will be the official timekeeper for this Contest.
2. ELIGIBILITY.
2.1. Participant Eligibility. The Contest is only open to legal residents of 50 U.S. & Washington D.C. who are at least eighteen (18) years of age at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each Participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that she/he is eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Sponsor, the MLB Entities (defined below), affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, prize providers, legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. 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 CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state, and local laws and regulations.
2.2. Entry Eligibility. Entry that is submitted in connection with the Contest will be only eligible if such Entry: (a) showcases via TikTok, a creative original story that replies to the pinned VIP giveaway question on getir_us TikTok account; (b) is submitted during the Promotion Period; (c) contains only the original content of the participant, (d) does not reference any other company or product which competes with Sponsor; (e) does not contain content that is unlawful, hateful, or obscene; and (f) does not include any other identifiable individual other than the individual participant unless prior express consent (in writing) is obtained from such individual. The Sponsor reserves the right, in its sole discretion, to disqualify Entries which Sponsor determines at any time in its sole discretion fail to meet any of these criteria.
2.3 Use of Content/Entries. By posting an Entry in connection with this Contest, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Entry (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such Entries; and (b) use the Entry, including without limitation, the right and license to make, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Entry and right to practice. Under no circumstances will Sponsor be required to treat any Entry as confidential. Sponsor will be entitled to use the Entry for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business (including, without limitation, product designs, or any ideas) derived from the Entry and will not incur any liability as a result of any similarities to the Entry that may appear in any future products or services of Sponsor.
3. PRIZE.
The Winner will be awarded the following prize (“Prize”): VIP experience for the Winner and one (1) for Winner’s guest, which includes the opportunity for pregame access to players batting practice; access to the Buck Showalter’s pregame press; Mets merchandise; and two (2) tickets for winner and guest to the September 14th, 2022, Chicago Cubs game (collectively, the “Mets VIP Experience”). The total approximate retail value of the prize is $1,500 (actual value may vary). Exact nature and duration of the pregame access to batting practice shall be determined in the sole discretion of the New York Mets and subject to availability. Additional terms and conditions may apply to the Winner's use of the Prize. The winner will be solely responsible for all other expenses not specifically set forth herein, including without limitation, the Winner will pay any costs and provide for their own transportation to the Mets VIP Experience. Prizes cannot be transferred, redeemed for cash or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The actual retail value of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated actual retail value, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. To receive a prize, the winners may be required to provide proof of identification. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the winner(s). The winner(s) of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize. No cash redemption or prize substitutions or transfers will be permitted. If the prize(s) or a portion of the prizes are unavailable, Sponsor reserves the right to substitute the prize(s) or a portion thereof with equal or greater value.
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 mets.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. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see mets.com/ballpark for details. Sponsor and the MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Entities (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.
4. WINNER SELECTION.
The winner of the Contest will be selected based on the Entry with the most likes on TikTok. In the event of a tie, or two (2) entries having the same number of likes (collectively, the “Finalists”), the Finalists will be reviewed by Sponsor’s panel of judges(“Panel”). The Panel will judge the Entries based on the (1) representation of the Getir brand; (2) creativity and (3) originality (the “Judging Criteria”). The Judges will select one (1) winner (“Winner”) who best meets the Judging Criteria. Winner selection shall be made in the Sponsor’s sole and absolute discretion.
5. WINNER NOTIFICATION.
The Winner will be notified by direct message on the TikTok account used to tag Sponsor for entry into the Contest no later than 12:00 (midday) on September 1, 2022. Such notification will include instructions for proper acceptance of the prize by the winner. To receive the Prize, Winner may need to provide Sponsor with their first and last name, mailing address, and email address. If a winner does not accept a prize within 24 hours from the time that the winner is notified by Sponsor, a winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner. The winner agrees to Sponsor’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the winners may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
6. CONDITIONS.
The Sponsor, TikTok, the MLB Entities, and each of their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Contest; or (f) any printing or typographical errors in any materials associated with the Contest. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. If proper administration of the Contest is prevented by such causes as contemplated above, the Sponsor will pick the winners from all eligible, non-suspect entries received prior to such action. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Contest will be void. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest, or violates these Official Rules. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By participating in the Contest, participants and the winner agree to 1) be bound by the Official Rules, 2) consents to the use by Sponsor of their name, voice, photographs, likeness, biographical information, testimonial, statements and/or prize information for advertising, marketing, promotional and/or any other commercial purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission or compensation unless prohibited by law release, indemnify discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Contest shall be governed by Illinois law.
7. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
7.1. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Contest, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
7.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
7.3. Pre-Arbitration Dispute Resolution. The Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing the Sponsor’s support team at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to625 W. Adams, 19th Floor Chicago, IL 60607, ATTN: Legal Department (“Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
7.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
7.5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
7.6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7.7. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
8. WINNERS LIST.
To obtain the first name, last initial, city and state of the Contest winner(s) after the Contest End Date, send a separate self-addressed, stamped envelope marked “Mets VIP Experience TikTok Contest Winners List” to the Sponsor at the address in Section 9 below. Requests for winners list must be received no later than 90 days from the Contest End Date.
9. SPONSOR.
Getir Us, Inc.
Mets VIP Experience Giveaway
625 W. Adams, 19th Floor, Chicago, IL 60607
10. NOTICE.
The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
*11. COPYRIGHT. *
Copyright © 2022 Getir US, Inc. All rights reserved. Getir US, Inc., Getir and the associated logos are trademarks of Getir Us, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.
This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.