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2024 MLB Opening Day Strikeout Contest presented by Sage

Opening Day Strikeout Contest ("Contest")

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVEL NOT INCLUDED.

Introduction

The Contest invites participants to compete by submitting predictions regarding which Major League Baseball ("MLB") team's pitching staff will have the most strikeouts during Opening Day 2024 (currently scheduled to take place on March 28, 2024). To enter, you must have an MLB.com account and complete an entry form inclusive of your selections (each such selection, a "Prediction") and answering two (2) tiebreaker questions. The Contest is subject to all applicable laws, rules, and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule, or regulation.

Eligibility

Contest is open only to legal residents of the United States, including its commonwealths, territories, and possessions, and Canada (excluding Quebec) who are, as of the time of their entry, registered users of MLB.com, legal age of majority in their jurisdiction of residence and at least eighteen (18) years old, and not otherwise ineligible per the terms of this Section 2. Excluded individuals may play, but WILL NOT be eligible to receive any prize. 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 MLB Advanced Media, L.P. ("Sponsor"), the other MLB Entities (as defined below), The Sage Group, each of their respective parent companies, subsidiaries, affiliates, governors, related entities, partners, partnerships, principals, licensees, sponsors, and advertising/promotion agencies, any contest prize provider or commercial sponsor, and any other entity associated with the Contest, and all of their respective officers, directors, employees, agents, representatives, successors, and assigns (collectively, "Promotion Parties") are not eligible to participate or win. The "MLB Entities" shall mean Sponsor, the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Properties, Inc., The MLB Network, LLC, the MLB 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.

Entry Period

The entry period will begin on or about 12:00 p.m. Eastern Time ("ET") on March 21, 2024, and end at 11:59 p.m. ET on March 27, 2024 ("Entry Period"). Registered participants must submit their entry forms, including answers to the tiebreakers, prior to the close of the Entry Period to receive an entry.

How to Enter

To submit an entry, you must be a registered user of MLB.com. You may enter by via mlb.com/strikeoutcontest (the "Contest Page") or the MLB mobile app ("App"). On the Contest Page or in the App, click on the contest banners, buttons, and/or links for the Contest to log-in to your MLB.com account and complete and submit the Contest entry form. By successfully transmitting a completed entry form, including your date of birth and agreement to these Official Rules, you will be entered in the contest. MLB.com account and Contest entry are both free. Data and usage rates may apply to use download, installation, and use of the App or of a mobile phone or other web-enabled device; check with your service provider for details on these and other charges. Wireless service is not available in all areas. Incomplete entries are void.

Entry Limit

Limit one (1) entry per person and per email address. If you submit more than one (1) entry, the entry you submitted nearest to the close of the Entry Period will be considered your one (1) valid entry. In other words, the last entry you submit prior to the close of the Entry Period is the only valid entry for the Contest; any other entry you submit is void. No entry may be revised after the close of the Entry Period.

Scoring

Contest entries will be scored by Sponsor in accordance with the below.

  • Entrants will earn one (1) point for each Prediction.
  • The maximum number of points which may be earned ("Max Score") is fifteen (15) points. An MLB game is deemed an "official game" once the visiting team has made fifteen (15) outs (i.e., completed five (5) innings) and the home team is leading, or once the home team has made fifteen (15) outs regardless of score. If all fifteen (15) Opening Day 2024 games are deemed official and completed by 11:59 p.m. ET on March 28, 2024, the Max Score is fifteen (15) points. If fourteen (14) of the fifteen (15) scheduled Opening Day 2024 games are deemed official and completed by 11:59 p.m. ET on March 28, 2043, the Max Score is fourteen (14) points. And so on.
  • If, for any reason, any Opening Day 2024 game is rescheduled (i.e., for a different day), is cancelled, is not completed by 11:59 p.m. ET on March 28, 2024, or is not deemed an "official game," such game will not be factored into the scoring of the Contest.
  • Sponsor will tabulate Contest scores as soon as practicable on or about April 1, 2024.
  • In the event that, after Sponsor has scored and issued points for the Contest and an MLB game outcome is changed, corrected, or otherwise adjusted by MLB (e.g., following review initiated by a Club), points awarded within the Contest will not be changed, corrected, or otherwise adjusted, even if such change, correction, or adjustment is anticipated by a Contest participant.
  • Sponsor reserves the right, but assumes no obligation, to correct and update Contest scores based on errors or irregularities in the tabulation, transmission, or publication of entries or scores.
  • The decisions of Sponsor are final and binding with respect to Contest scoring and in all other Contest matters.

Prizes; Prize Terms

Contest features five (5) Grand Prizes, as set forth below. Only five (5) prizes will be awarded, subject to the below requirements.

Each “Grand Prize” consists of two (2) tickets for winner and one (1) guest for one (1) 2024 regular season MLB game of winner’s choice (subject to availability and blackout dates), one (1) subscription for MLB.TV for the 2024 Season, and one (1) $200 MLB Shop e-gift card. Approximate Retail Value (“ARV”) of each Grand Prize: $450; total ARV of all Grand Prizes: $2,250. Blackout and other restrictions apply to the MLB.TV Yearly subscription; see MLB.TV for details. MLBshop.com e-gift card/code is subject to the following terms and conditions: Valid only at MLBShop.com. Except where required by law, cannot be redeemed for cash or cash equivalent, returned, reproduced, modified, sold, traded, refunded or replaced if lost or stolen. Not valid for any other gift cards, codes or e-gift cards or on previous purchases or returns. No cash back unless required by law. If the value of your purchase exceeds the available gift card/e-gift card balance, you must pay the excess at the time of purchase. Any unused amount will be applied when you re-enter your gift card/e-gift card during your next purchase. All purchases are subject to the MLBShop.com Terms of Use, which may change at any time. To check your gift card balance, please visit MLBShop.com/GChelp. Void where prohibited. Gift cards/e-gift cards are issued by Fanatics Retail Group Fulfillment, LLC. TRANSPORTATION AND LODGING NOT INCLUDED.

Each winner is fully responsible for any and all applicable taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above are the sole responsibility of the winners. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a Grand Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket.

Determining the Winners; Notification

Subject to verification of eligibility and compliance with these Official Rules, the five (5) eligible entrants who achieve a Max Score, will win a Grand Prize. If no entrant achieves a Max Score, the five (5) entrants with the highest score ("Highest Score") will win a Grand Prize (subject to verification of eligibility and compliance with these Official Rules). In the event of a tie for either a Max Score or Highest Score, the following terms apply:

  • Sponsor will review the tied entrants' answers to the first tiebreaker question, which answers will be in the form of a numerical prediction. Sponsor will award the applicable prize to the entrant whose prediction for the first tiebreaker question is closest to matching the actual outcome of events contemplated in such question, regardless of whether the tiebreaker prediction is higher or lower than the actual outcome of events.
  • If a tie remains after Sponsor applies the first tiebreaker, Sponsor will review the tied entrants' answers to the second tiebreaker question, which answers will be in the form of a numerical prediction. Sponsor will award the applicable prize to the entrant whose prediction for the second tiebreaker question is closest to matching the actual outcome of events contemplated in such question, regardless of whether the tiebreaker prediction is higher or lower than the actual outcome of events.
  • In the event that the tie is still not broken after applying the two (2) tiebreakers, the applicable winner will be determined based on the entrant who submitted the Predictions first, as determined by Sponsor in its sole discretion.

The potential winners will be notified by email and/or telephone (as determined by Sponsor in its sole discretion) within approximately three (3) business days following the conclusion of the Contest. Entrants are solely responsible for monitoring their email and voice message systems for Contest-related notifications. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (for example, government-issued photo identification) for winner verification purposes. In order to receive a prize, a potential winner may be required to execute and return an Affidavit of Eligibility & Liability Release (or, if a resident of Canada, a declaration) and (where legal) Publicity Release, and any other documents required by Sponsor, within five (5) business days of date of issuance. The potential winners will be required to submit his/her valid social security number and will receive an IRS Form 1099 for any prize valued at $600 or greater. If any prize or prize notification is returned as undeliverable or is declined, if Sponsor is unable to contact a potential winner, if the potential winner does not timely respond to prize notification or document requirements, or if a potential winner is not in compliance with these Official Rules, such potential winner will be disqualified and the prize in question will go unawarded, provided however that in the event of a tie, the prize may be awarded to the remaining, non-disqualified potential winner(s). The prize will be awarded only to the Authorized Account Holder of the email address used at the time of entry (subject to verification of eligibility and compliance with 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.

Publicity

Except where prohibited by law, by participating in the Contest, each participant grants permission to the Promotion Parties for the use of his/her name, photograph, likeness, statements, biographical information, voice, address (city and state), and prize information (if any) worldwide and in all forms of media worldwide, in perpetuity, without further compensation or notice, for any and all purposes, including promotional and advertising purposes and for inclusion on a winner list.

Promotion Conditions

By participating in the Contest, each participant accepts and agrees (a) to be bound by these Official Rules, including all eligibility requirements, the MLB website Privacy Policy (available at mlb.com/privacy) and Terms of Use (available at mlb.com/tou), and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to waive any right to claim any ambiguity or error in these Official Rules, the contest webpages, or the App, and (c) to indemnify, hold harmless, and fully release the Released Parties (as defined below) from any claim, action, demand, liability, loss, injury, or damage caused, directly or indirectly, in whole or in part, by participation in the contest, any contest-related activity, and the acceptance, possession, quality, use, or misuse of any prize, including any travel or activity related thereto and any and all taxes and other fees applicable thereto. Sponsor's computer will be the official clock of the Contest. By participating in the Contest, each participant also agrees to refrain from conduct or communications which may harm the image or reputation of Sponsor or the other Promotion Parties, as determined in Sponsor's sole discretion. No transfer, assignment, cash redemption, or substitution of a prize (or portion thereof) is permitted except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value as determined by Sponsor. Participation in the Contest is at participant's own risk. MLB game dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The Promotion Parties, Fanatics, Inc., and Apple, Inc. (collectively, "Released Parties") are not responsible for lost, incomplete, inaccurate, garbled, late, delayed, undelivered, or misdirected entries, transmissions, or email; theft, destruction, or unauthorized access to, or alteration of, entries or email; computer hardware or software malfunctions or failures or malfunctions of phones/mobile devices (including wireless phones/handsets or other wireless devices), phone lines, or telephone systems; interrupted or unavailable network, server, cable, satellite, Internet Service Provider, or other connections; any error, omission, interruption, defect, or delay in any transmission or communication; network traffic congestion or for any technical problem, including, but not limited to, any injury or damage to participant's or any other person's computer or mobile device related to or resulting from participation in the Contest; errors or ambiguity in these Official Rules, any Contest-related advertisements, or other materials; the selection or announcement of potential winners or the distribution of any prize; the cancellation, suspension, or preemption of MLB games, scoring tabulation, or timing errors; injuries or unavailability of MLB players; or other problems or errors of any kind whether mechanical, human, electronic, typographical, printing, or otherwise. Participants are responsible for any charges of online or Internet service providers or wireless carriers. Sponsor reserves the right, in its sole discretion, to disqualify any participant and void any his/her entries if Sponsor believes such participant has attempted to tamper with or impair the administration, security, fairness, or proper play of the Contest or is in violation of these Official Rules or the MLB website Terms of Use. Sponsor, in its sole discretion, reserves the right to modify, suspend, extend, terminate, or cancel the Contest (or any portion thereof) at any time and for any reason, including, but not limited to, to ensure the fairness and integrity of the Contest or in the event Sponsor is prevented from executing the Contest (or any portion thereof) as contemplated herein by any event beyond their 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 also reserves the right, in their sole discretion, to modify, suspend, extend, terminate, 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. Entries generated by a script, macro, or other mechanical or automated means will be disqualified.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THIS CONTEST IN ANY WAY, 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 AND ITS AGENTS WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR AND ITS 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.

Sponsor reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the contest. Sponsor's failure to enforce any term of these Official Rules, shall not constitute a waiver of that provision. In the event that the contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the contest, or to disqualify participants residing in the affected geographic areas. In such event, the Sponsor shall have no liability to any participants who are disqualified due to such action.

Arbitration; Class Action Waiver

Except where prohibited by law, as a condition of participating in this contest, each participant agrees that (a) any and all disputes and causes of action arising out of or connected with this contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held in New York County, New York; (b) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and each participant further waives all rights to have damages multiplied or increased. For New Jersey residents, the limitations set forth above are inapplicable where attorneys' fees, court costs, or other damages are mandated by statute.

Choice of Law

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.

Privacy

All information submitted by participants is subject to, and will be treated in a manner consistent with, MLB's website Privacy Policy, accessible at mlb.com/privacy. Participants may be given the option to receive (a) commercial email from MLB, its affiliates and/or partners (including commercial sponsors of the contest) and/or (b) mobile text messages and updates from MLB; however, eligibility to participate in the contest is not dependent upon consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any participant's opportunity to win. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.

Winner Information

For winner information (available after July 11, 2024), send a self-addressed, stamped envelope to: Opening Day Strikeout Winner List, MLB Advanced Media, L.P., 1271 Avenue of the Americas, New York, NY 10020. Attn: Promotions. Requests must be received by July 30, 2024.

Sponsor

MLB Advanced Media, L.P., 1271 Avenue of the Americas, New York, NY 10020.

This Contest is a 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.