COCA-COLA HOME RUN REFRESH CONTEST OFFICIAL RULES
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST EIGHTEEN (18) YEARS OLD. A MOBILE DEVICE IS REQUIRED FOR ENTRY. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: **The Contest is open only to legal residents of the United States (including its commonwealths, territories, and possessions) who are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older at the time of entry, who have mobile internet access and a Qualified Device as of the time of the Contest and who are present at Great American Ball Park, (the “Stadium”), for the Contest. A "Qualified Device" means (a) an Apple mobile device with an iOS 13.0 operating system or newer or (b) an Android device with Android 8.0 or newer at the time of the Contest. 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 the Cincinnati Reds, L.P. (“Sponsor”), the other MLB Entities, The Coca-Cola Company, Aquimo INC (“Administrator”) and 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 federal, state, territory, provincial, and local laws, rules, and regulations.
SPONSOR: The Sponsor of this Contest is The Reds, L.P.
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.
ADMINISTRATOR: Aquimo INC, 3514 N. Power Rd Ste#115, Mesa, AZ 85215.
AGREEMENT TO OFFICIAL RULES: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements of these Official Rules.
CONTEST PERIOD: The Contest Period begins on April 12, 2022, and ends on September 25, 2022, on select dates that are the home games of the Cincinnati Reds regular season.
Competitions begin and end during one (1) of the breaks at each of the Cincinnati Reds home games during the 2022 regular season. Each Competition will be announced in the Stadium and will be active for approximately 45 seconds (each an "Entry Period"). The length of each contest is at the discretion of the Sponsor and/or the Administrator. Sponsor reserves the right to determine in its sole discretion whether or not a Competition will occur.
During the Contest Period participants can scan a QR Code from the Pay at the Pump video at participating United Dairy Farmer (“UDF”) locations to practice and play for fun. These are practice games only and no prizes will be awarded for playing. Prizes will only be awarded at the live event, in-Stadium contests.
HOW TO ENTER AND PLAY THE GAME:
The object of the Home Run Refreshment Contest is to accumulate the most total points (the “Submission”) in connection with the Home Run Refresh (the “Game”) offered during select home games of the Cincinnati Reds 2022 regular season (each a “Competition”).
To play in the Live Contests the Entrant must possess or have access to a Qualified Device as defined in Section 1. Data rates may apply. You agree to incur any and all charges demanded by your wireless carrier. To enter, participants must log on to the MLB Ballpark mobile app (the “App”) and navigate to the Home Run Refresh game on the Cincinnati Reds team page during the applicable Entry Period and click on the Home Run Refresh banner, buttons and/or links to enter the Game. All game activity will be connected to each Participant’s App log-in. Specific rules for each Competition will be provided on the App. By participating in the Competition, Participant agrees to abide by all rules set forth for such Competition.
To enter and play, follow the steps below:
- Download and open the free MLB Ballpark App (“the App”) from the Apple or Android store on your Qualified Device. The App contains a tile with a link that when touched, redirects you to the Coca-Cola Home Run Refresh Contest, the “Game”. If you already have the MLB Ballpark App on your Qualified Device, scan the QR code on the Stadium digital board or on the Pay at the Pump video at participating UDF locations with the camera on your Qualified Device, touch the link that appears to be redirected to the Game. If this is the first time you are accessing the App, create an account and select the Cincinnati Reds as your team.
- Touch the tile and/or link to the Coca-Cola Home Run Refresh Game.
- Enter a unique username or accept the default username.
- Touch “Enable Orientation” in the pop-up to enable motion sensors for real motion gameplay.
- If the App is open and on the Home Screen of the game, the Live Contest will automatically initiate and a countdown will appear on the Game screen at the start of the Live Contest, the “Challenge Play.” If you see the “Tap to Play Now” button you need to wait until the live event begins.
- During each Challenge Play, all Contestants play simultaneously for approximately 45 seconds in head-to-head tournament gameplay.
- To play tilt your Qualified Device to swing or throw, earn bonus points when you hit a target.
- At the end of the Challenge Play, the score will be automatically updated to the leaderboard. The "Live" leaderboard displays the scores for the most recent live event, and the Entry Period is the time that the Challenge Play is live, the “Live Event Contest”.
Winners are awarded prize coupons which are stored in the Game and retrieved by touching the “Prizes” button on the home screen. Prize coupons may be redeemed at the Redemption Area. The length of the Game is subject to change and is at the sole discretion of the Sponsor and the Administrator.
By playing in the live event during the Challenge Play you will be automatically entered into the Contest and be a “Participant.” Participants may be given the option to receive (a) commercial emails from Reds.com and/or MLB.com and/or (b) messages from the App. However, eligibility to participate in the Contest is not dependent upon Participant’s consent to receive such emails, messages and updates, and messages from the App, and consenting to receive such emails, mobile text messages, and updates, and messages from the App will not impact any Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
You can practice the game at any time by touching “Tap Here to Play Now” on the home screen of the Game participants may play unlimited times in practice mode, each a “Practice Game”. From time-to-time practice Live Events may be initiated in the App, a “Practice Live Event”. The Practice Live Events are not announced in advance in the Stadium and players will see an end game message “Thanks for Playing the Practice Game!”. The Practice Games and Practice Live Events do not award Prizes and are just for fun.
SUBMISSION REQUIREMENTS: Participants must submit their Submission as directed during the applicable Competition. To participate and win, you must have a mobile Qualified Device (see above), be present at the Stadium for the Game, have a data plan through your online service provider, Internet access, all as of the start of and during the Contest Period. Any data charges per your own mobile service provider are your responsibility. App entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software, and/or hardware that may be required in order to create and/or submit any Submission.
The Administrator’s Game servers are the official timekeepers and scoring of the Contest. In the case of a tie score, the prize will be awarded to the top score based on the time the score was first attained. The fastest person to receive the tying score will be deemed the winner.
HOW TO WIN: The Contest occurs on the dates and times set forth in paragraph 5. The top three (3) eligible Participants with the highest total Challenge Play scores present at the Stadium during each Entry Period will receive prizes as detailed in the following section (each, a “Winning Submission”). The three (3) high scoring Participants in each Entry Period will be asked to verify eligibility and those who are eligible will be awarded prizes (each a “Winner” and collectively, “Winners”).
PRIZES AND APPROXIMATE RETAIL VLAUE (“ARV”): Each Live Event Contest in Section 5 will have the following prizes with Retail Value (“RV”):
- FIRST PLACE: Reds Backpack ARV $17.50
- SECOND PLACE: Reds Hat ARV $13.50
- THIRD PLACE: Reds Cinch Bag ARV $10.00
(Each, a "Prize" and collectively, the “Prizes”).
The total Retail Value of the Contest Prizes for the 46 home games is $1,896
During the Contest Period, the Sponsor may offer retail coupons to participants which are redeemable in a store. These coupons, amounts, and quantities are at the discretion of the Sponsor and have no resale cash value. All coupons are subject to change.
PRIZE RESTRICTIONS: Participant must be present in the Stadium on the day of the Live Event Contest and must verify eligibility and claim their prize up to 15 minutes after the game has ended on the day of the game. Participants who are not present in the Stadium and/or who do not verify their eligibility by 15 minutes after the game forfeit their eligibility.
Participants may only win one (1) First Place Prize in an Entry Period during a Calendar Month (first day of the month to the last day of a month, a “Calendar Month”) of the Contest Period. Participants who have won one (1) First Place in an Entry Period forfeit their eligibility to win any of the Prizes (First, Second or Third) in additional Competitions during a Calendar Month of the Contest Period, and after winning a Competition if they have a potentially winning score in a following Competition in the same Calendar Month, their username will not post to the leaderboard and the applicable Prize will be awarded to the next highest scoring eligible Participant.
All prize details shall be determined in the sole and absolute discretion of Sponsor. Each winner is fully responsible for any and all applicable federal, state, territory, and local taxes (including income and withholding taxes). 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.
PRIZE REDEMPTION: Potential winners must go to the Fan Accommodations station on the Field Level across from Section 119 to verify eligibility, show the winning Game coupon, and pick up the prize up to 15 minutes after the game has ended on the day of the Live Event Entry Period. Must be present at the game in the Stadium to win, claim your prize up to 30 minutes after the game has ended on the day of the game, and be eligible to participate.
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 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 does hereby:
- 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;
- grant to Sponsor, Administrator, 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 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;
- 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;
- 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;
- acknowledge that Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
- 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
- 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 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 federal, state, territory, or local 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.); and (l) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any state/territory where the Submission is created, including but not limited to laws relating to rights of privacy or publicity. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential winner will be notified via in-App/ on-screen notification by Sponsor, Administrator, and/or MLB (the "Prize Notification"). Sponsor also reserves the right to contact winners via email at such email address used for App log-in. In the event that any potential winner does not respond to such Prize Notification as set forth in the Prize Notification 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. Each 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 five (5) days of the Prize Notification. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, the return of such documents, the Prize (or any portion thereof) or Prize Notification as undeliverable, or noncompliance with these Official Rules may result in disqualification, 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.
GENERAL CONDITIONS: By participating in the Contest, each Participant (a) accepts and agrees to be bound by these Official Rules, including all entry requirements, and MLB’s Privacy Policy (https://www.mlb.com/official-information/privacy-policy) and Terms of Use (https://www.mlb.com/official-information/terms-of-use); and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for Contest administration purposes. The MLB Entities, the Coca-Cola Company, Administrator and each of their respective parents, affiliated companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, telecasters, sponsors, and advertising and promotional agencies, 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, Administrator 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 via a random drawing from 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, ADMINISTRATOR, 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 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. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.
PARTICIPANT ALSO AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW: (I) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHT TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, IN ANY ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED; AND (II) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR PARTICIPANT’S OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE CONTEST (IF ANY).
WINNER LIST: For the winners’ names, mail a request and a self-addressed stamped envelope to be received no later than sixty (60) days after the Contest Period to Reds Coca-Cola Home Run Refreshment Winner List, c/o. The Coca-Cola Company, One Coca-Cola Plaza, Atlanta GA 3013, ATTN: Legal Department.