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OFFICIAL RULES – ALL STAR MURAL PROMOTION

 

NO PURCHASE NECESSARY TO ENTER OR WIN

A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING

VOID WHERE PROHIBITED OR RESTRICTED BY LAW

 

1. GENERAL:  The Major League Baseball Players Trust All Star Mural Promotion ("Promotion") will begin on Sunday, July 17, 2022, at 12:00:01 a.m. pacific standard time ("PST") and will end on Tuesday, July 19, 2022, at 11:59:59 p.m. PST ("Promotion Period"). By submitting an entry, each participant unconditionally accepts and agrees (a) to comply with and abide by these Official Rules as set out below as well as the platform rules for Twitter and Instagram; (b) to be bound by and acknowledge compliance with these Official Rules including eligibility requirements; and (c) to accept the decisions of the Sponsor as final and binding in all respects.

 

2. Sponsor: Major League Baseball Players Trust, 12 East 49th Street, 24th Floor New York, NY 10017, and is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.

 

3. PRIZES AND TAXES: One (1) Winner will receive a selection of Major League Baseball memorabilia with an approximate retail value ("ARV") of $500 to $1,000.  ARV of all prizes is $500 to $1,000.  Prize is awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer Prize or redeem Prize for cash. Sponsor reserves the right, at its sole discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value. All applicable federal, state, local and other taxes and all other expenses not specifically mentioned herein are the sole responsibility of the Winner. Sponsor is not responsible for any taxes or expenses not specifically mentioned herein. Winner shall provide, upon Sponsor's request, all information that Sponsor may reasonably require to fulfill its obligations under any national, state, provincial or local tax statute, regulation or rule.  Winner acknowledges that Sponsor will rely upon such information to prepare all relevant tax materials.  Winner may be issued a 1099-MISC and is responsible for any tax liability.

 

4. Odds of Winning: The overall approximate odds of winning depend on the number of eligible entries received during the Promotion Period.

 

5. HOW TO ENTER:   Participants may enter the Promotion using one (1) of any of the following options during the Promotion Period:

 

a. by taking a photo in front of the mural at the Players House at the Major League Baseball All Star event in Los Angeles and sharing the photo on Instagram or Twitter with #SelfieSweepstakes during the Promotion Period; or

 

b. by "following" Sponsor's Twitter account @MLBPlayersTrust, and “retweeting” the Sponsor’s Promotional tweet.

c. by "following" Sponsor's Instagram account @mlbplayerstrust, and "liking" or “commenting” on the  Promotion post. 

 

Incomplete, false or deceptive entries are will be voided and disqualified.  All entries submitted in compliance with these Official Rules and not disqualified are considered "Eligible Entries".   All entries must be received prior to the close of the Promotion Period. Limit of one (1) entry per person during the Promotion Period. Any person submitting more than one entry may be disqualified. All entries become the property of the Sponsor.

 

6. Eligibility: Participants must be legal residents of the United States who are at least the age of majority in their state of legal residence as of July 17, 2022 and who have a valid Twitter or Instagram account as well as a valid email account.  The Promotion is void where prohibited or restricted by law.  Employees, trustees and officers of Sponsor and its advertising and promotional agencies, and any other entities participating in the design, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with Sponsor, "Promotion Entities"), and each of their immediate families and members of their households are ineligible to participate in this Promotion.

 

7. SELECTING THE WINNER AND NOTIFICATION: The potential prize winner will be selected by a random drawing after compiling all Eligible Entries received during the Promotion Period (each an "Entrant" and collectively, the "Entrants").  Sponsor, whose decision is final and binding in all respects, will contact the selected Entrant ("Potential Prize Winner") through the email or through Twitter or Instagram ("Notice") on or before July 31, 2022. Failure of Potential Prize Winner to respond to the Notice within [48] hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected ("Alternate Potential Winner").   Alternate Potential Winner shall be contacted via Notice as soon as practicable and shall also have [48] hours to respond. Notification shall be deemed to occur when the email, Twitter or Instagram notification is sent from Sponsor's computer to the email or account provided by the participant in the Eligible Entry.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY IS VERIFIED (WHICH MAY REQUIRE ENTRANT’S) EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY AND PUBLICITY AND LIABILITY RELEASE CONSISTENT WITH THE TERMS HEREIN ("RELEASE")  AND AS DETERMINED IN SPONSOR’S SOLE DISCRETION), AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE ("Winner").

 

8. General Conditions; License. The Promotion is subject to all applicable federal, state and local laws. Void where prohibited or restricted by law.  Sponsor may disqualify any entries if, at its sole discretion, it determines that the participant submitting the entry is attempting to undermine the legitimate operation of the Promotion by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives. Any person attempting to defraud or in any way tamper with the Promotion will be ineligible to participate in the Promotion and may be prosecuted to the full extent of the law.  ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY BE A VIOLATION OF THE LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor may disqualify from participating in the Promotion or receiving a Prize any person who disparages the Sponsor during or after the Promotion Period. Sponsor retains the right to take legal action against any person who commits libel or slander against Sponsor during or after the Promotion Period.

 

Except where prohibited by law, by entering the Promotion or agreeing to accept the Prize or accepting the Prize, each Entrant, on behalf of itself, hereby irrevocably and exclusively grants to the Promotion Entities, and their licensees, affiliates, and assigns (collectively, the "Licensed Parties"), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Entrant’s  photograph, likeness, statements, voice, and biographical information related thereto (collectively, the "Materials"), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.

 

9. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless the Licensed Parties, Instagram and Twitter, and each of their respective officers, directors, employees, representatives and agents (collectively, the "Released Parties") from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. Sponsor may rescind any aspect of the Promotion, in whole or in part, found to contain such errors without liability at its sole discretion.

 

THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

 

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

10. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Promotion; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (v) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion.  If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension,  as applicable. By entering this Promotion, you are giving your permission to receive emails from Sponsor. 

 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

 

11. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE/THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

 

12. APPLICABLE LAWS AND JURISDICTION.[1]  This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in a county in Los Angeles designated by Sponsor. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.

 

13. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with any social media platform, including but not limited to, Instagram and Twitter.

 

14. RULES/WINNERS LIST: For 60 days after the Promotion Period, you may also send an email to PlayersTrust@mlbpa.org for the name of the Winner. In the subject of the email, type “Major League Baseball Players Trust All Star Mural Promotion - 2022 Winner List.” No correspondence will be entered into except as noted herein.

 

 

 

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[1] Need to confirm jurisdiction organization wants to use and whether you want to require arbitration.