| HOLIDAY INN "NEVER MISS A GAME" CONTEST | ||
“OFFICIAL RULES” |
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| NO PURCHASE REQUIRED. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE, PROVINCIAL OR LOCAL LAWS RULES OR REGULATIONS. CONTEST BEGINS AUGUST 1, 2007 AT 4:00 PM ET AND ENDS ON SEPTEMBER 30, 2007 AT 11:59PM ET. | ||
Participation is open to persons who are legal residents of the fifty (50) states of the United States (void in Puerto Rico, Guam, U.S. Virgin Islands and other U.S. Territories, Commonwealths and jurisdictions, including overseas military installations), the District of Columbia and Canada (excluding Quebec) who are eighteen (18) years of age or older as of July 31, 2007 (or the age of majority in the entrant’s province if in Canada). |
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Holiday Inn’s “Never Miss A Game" Contest ("Contest") is a contest where eligible participants submit a story consisting of text and/or a digital photo demonstrating their commitment to baseball (the “Story”) as described in Section 1 below. All Stories submitted must be written and submitted in English. Nine (9) finalists (“Finalists”) (one (1) Finalist from each Individual Entry Period (as defined below)) will be selected from among all eligible entries received using the criteria as identified Judging of Entries Section below during the corresponding Individual Entry Period. The Grand Prize Story will be selected from among the nine (9) Finalists using the criteria as identified Judging of Entries Section below. |
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1. How To Enter: The Contest begins at 4:00 PM Eastern Time (“ET”) August 1, 2007 and ends at 11:59 PM ET September 30, 2007 ("Entry Period"). |
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There will be nine (9) individual entry periods during the Entry Period (“Individual Entry Periods”) throughout the Contest which are identified as follows: |
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The Contest is free to enter. To enter the Contest, eligible participants must go to www.holidayinn.com/nevermissagame or mlb.com/nevermissagame (the “Web Sites”) and do the following: [1] submit a Story consisting of text (500 characters or less) and/or one photo (maximum 1 photo at no more than 500KB size) (the “Entry”); [2] Complete the registration form by providing the information required; AND [3] Accept these Official Rules. Entry may only be submitted online through MLB.com. Subject to these Official Rules (including Section 9 (Prohibited Entry Content), each Entry will be available for viewing and rating online on the Web Sites within approximately 24 hours. Limit one (1) Entry per email address or person. |
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During each Individual Entry Period, visitors to MLB.com shall have the opportunity view and rate selected Entries posted online. Upon viewing a Story, visitors may select the “Rate this Entry” button and enter a rating based on a scale of 1-5 stars (1 being the lowest rating and 5 being the highest rating) and select the “Submit” button. Upon selecting the “Submit” button, the corresponding rating will be recorded for the Entry. Limit one rating per Entry per e-mail address or person. |
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| By entering this Contest, winners agree to grant Six Continents Hotels, Inc., a member of the InterContinental Hotels Group, (collectively, the "Sponsor"), MLBAM and each of their agents, subsidiaries and affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), without additional compensation. All Entries submitted become the property of MLBAM and will not be returned. Each entrant hereby represents and warrants that (i) he/she is the original author of all aspects of his/her Entry, (ii) he/ she owns all right, title and interest in the Entry as of the date of submission; and (iii) the Entry does and will not infringe any third party's intellectual property or other rights, including without limitation, copyright, patent, trademark, trade secret, rights of privacy, rights or publicity or any other proprietary right.. Sponsor's use of information submitted in connection with this Contest will be subject to the terms and conditions of these Official Rules. Entries must be received by 11:59 PM Eastern Time on September 30, 2007 in order to be eligible. MLBAM’s computer is the official clock for the Contest. Limit one (1) Entry per e-mail address or entrant during Entry Period. | ||
2. Judging of Entries: A panel of judges as determined by the Sponsor will select the nine (9) finalists (one from each Individual Entry Period) from among all eligible Entries received during the corresponding Individual Entry Period using the following judging criteria (the “Finalists”): (i) total number of ratings obtained by the Entry- 10%; (ii) average rating of the Entry – 10%; (iii) creativity of the Entry - 40%; and (iv) originality of the Entry – 40%. In the event of a tie score among the top Entries, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to criteria listed above and will select the Finalists. In the event of multiple identical finalist Entries all having an identical score, the Finalist(s) will be drawn at random from the multiple identical finalist Entries having an identical score. Each Finalist will be determined within ten (10) business days of the close of the corresponding Individual Entry Period. Sponsor reserves the right and shall be permitted in its sole discretion to combine two or more Individual Entry Periods for judging purposes, provided that in no event will the Sponsor select less than nine (9) total Finalists. Entries not selected as a Finalist during a previous Individual Entry Period remain eligible to be selected in later Individual Entry Periods. |
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The winning Story (the “Winner”) will be selected from the nine (9) Finalists using the following criteria (i) total number of Ratings obtained by the Entry- 10%; (ii) average Rating of the Entry – 10%; (iii) creativity of the Entry - 40%; and (iv) originality of the Entry – 40%. In the event of a tie score among the top Entries, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to criteria listed above and will select the winning Story. Winner will be determined on or about October 15, 2007 by Cal Ripken, Jr. and/or a representative as determined by the Sponsor, who will judge the nine (9) Finalists and determine the winner according to criteria listed above. |
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Decisions of judges are final and binding on all matters relating to this Contest. Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Winner agrees that the Entries of the Finalists and the winning Entry may be amended, modified or edited by Sponsor in its sole discretion. Winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. |
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| 3. Winner Notification: On or about October 16, 2007, the Sponsor will notify the potential Winner by email, phone, and/or mail. The Winner will be required to sign and properly execute, an affidavit of eligibility (or, if a resident of Canada, a Declaration of Eligibility) liability waiver, and where legal, consent to publicity, and return it within five (5) days of date of notification. The Winner will also be required to furnish his/her social security number that will be used only for the purpose of reporting the Winner's prize earnings to the Internal Revenue Service, as required by law. Residents of Canada may be required to furnish their Social Insurance Number for similar purposes. If the prize or prize notification is unclaimed or returned as undeliverable, or if a potential Winner fails to properly execute and return all forms described herein, the prize will be forfeited and awarded to the next highest scoring Finalist. Sponsor and/or MLBAM, as applicable reserve all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Entry(ies), proper names, likenesses, photographs, and/or city/states/provinces for advertising and promotional purposes in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by (postal) mailing notice to Interactive Engagement, Address Change, P.O. Box 1048, Duluth, GA 30096, to be received by the end of the Entry Period. Neither Sponsor nor any other of the Released Parties (defined below) shall be liable for any failure to notify or use of old information if entrant does not update entrant’s contact information. | ||
| For residents of Canada only: Before being declared a winner of any prize in the Contest, Winners will be required to correctly answer, without mechanical or other assistance, a time-limited mathematical skill-testing question to be administered by telephone or in such other manner as the Sponsor in its discretion may determine. | ||
4. Prizes |
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Finalist Prizes: Each of the nine (9) Finalists will be awarded a $50 MLB.com Gift Card. ARV: $50 each. Gift cards may be subject to certain terms and conditions. See www.MLB.com/giftcard for details. |
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| No transfers, substitutions or cash equivalent of prizes permitted by Finalists. Sponsor reserves the right to substitute prize of comparable or greater value, at its sole discretion. All federal, state, provincial and local taxes (including income and withholding taxes), if any, and all other costs and expenses associated with acceptance or use of the prize, are the sole responsibility of the Winner. A prize consists of only those items specifically listed as part of the prize. All prize details not specified will be at the sole discretion of the Sponsor. All prizes are awarded “as is”, with no warranty or guarantee, either express or implied by Sponsor or any of the other Released Parties. All unclaimed Finalist prizes will be awarded. | ||
Grand Prize: The “Grand Prize” consists of a trip for three (3) to one of the following (options subject to change at Sponsor’s discretion) |
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| Grand Prize must be redeemed by November 30, 2007. The Grand Prize package will consists of: [1] three (3) round-trip coach airline tickets for three (3) persons from the major U.S. airport nearest the Winner’s residence (as determined by Sponsor) to the location of the Grand Prize activity (as determined by Sponsor); [2] two (2) nights standard room hotel accommodations (double occupancy) at a Holiday Inn near the location of the Grand Prize Activity (as determined by Sponsor); [3] base rental charges for a rental car (model as determined by Sponsor) for three (3) days to facilitate travel to the Grand Prize activity (all drivers must provide proof of a valid driver’s license and any other information or documents as required by Sponsor and rental car agency to obtain the use of the rental car as part of the Grand Prize, otherwise the use of the rental car as an element of the Grand Prize will be forfeited); [4] $1000.00 in cash for incidentals. Total Approximate Retail Value of the Grand Prize $7500.00 All other costs not specifically stated herein as being provided, including, but not limited to, vehicle transportation costs, parking, taxes (including income and withholding taxes), meals and tips are the sole responsibility of the Winner. Reservations for any Grand Prize trip must be made through Sponsor's agent, on a carrier of Sponsor's choice. Subject to Cal Ripken Jr. schedule. Blackout periods and other restrictions, conditions, and limitations may apply. Complete terms and conditions of trip will be furnished with Winner notification. Travel companion(s) of Grand Prize trip Winner must travel with Winner on the same itinerary. Winner and travel companion(s) are responsible for all required travel documents. Winner and travel companion(s) are responsible for obtaining travel insurance (and all other forms of insurance) where applicable, at their option, and hereby acknowledge that the have not and will not obtain or provide travel insurance or any other form of insurance. Winner and travel companion(s), or the parent or legal guardian if any companion is a minor, must sign a consent to publicity (where permitted by law), liability waiver and travel release form prior to traveling. If the chosen event with Cal Ripken Jr. is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, or for any reason beyond the control of the Sponsor, Sponsor's sole responsibility to the Winner will be to award the remaining available portion of the Grand Prize and no substitution will be provided for unawarded portion of Grand Prize. No substitutions or transfers of Grand Prize permitted, except at Sponsor's sole and exclusive discretion. Grand Prize may not be exchanged for cash. | ||
| 5. Eligibility: Participation is open to persons who are legal residents of the fifty (50) states of the United States and the District of Columbia (void in Puerto Rico, Guam, U.S. Virgin Islands and other U.S. Territories, Commonwealths and jurisdictions, including overseas military installations) and Canada (excluding Quebec). Must be eighteen (18) years of age or older as of July 31, 2007, or if in Canada, has reached the age of majority in the entrant’s province of residence. The following persons are not eligible to participate or win the Contest: Employees and officers and directors of Sponsor, the MLB Entities and each of their parent companies, affiliates, subsidiaries, related companies, suppliers, agents and retailers, advertising and promotion agencies, and their immediate family members (defined as parents, siblings, children and spouse, regardless of where they reside) and/or those living in the same household of each, are not eligible. Void outside of the 50 states of the United States, the District of Columbia, Canada and wherever prohibited or restricted, and subject to all federal, state, provincial and local laws, rules or regulations. The “MLB Entities” shall mean the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc. (doing business in its own name and as Major League Baseball Productions and Major League Baseball International), Tickets.com, Inc., SportsOnEarth, LLC, the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers and employees of the above entities. Participation constitutes your full and unconditional agreement to these Official Rules and administrator’s and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Participants not abiding by these rules may be disqualified. | ||
| 6. General: Participants in the Contest assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. By entering, each participant agrees that all prizes are awarded upon the condition that Sponsor, the MLB Entities and each of their respective promotions agencies, printers, suppliers of game materials, parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees, agents and representatives (collectively, the “Released Parties”) shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Contest or participation in any Contest-related travel and/or activities and further acknowledge that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY ARE HEREBY DISCLAIMED. As a condition of entering, participants agree that (1) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim direct, indirect, punitive, incidental, consequential, special or any other damages, other than for actual out-of-pocket costs incurred, (2) the Contest will be administered in Georgia and all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in the State of Georgia applying Georgia law; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees. | ||
| Released Parties are not responsible for typographical errors, security, technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, or un-received, late, or illegible mail whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest or by technical or human error which may occur and/or which may damage a user's system or limit a participant's ability to participate in the Contest and/or redeem prizes in the Contest or any virus, bugs, non-authorized human intervention or other causes that may corrupt or impair the administration, prize redemption, security, fairness or proper play of the Contest (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Contest). By accepting the prize, each Winner agrees that Sponsor, MLBAM and each of their respective designees may use Winner's name, likeness, photograph and/or biographical information (including city and state/province of residence), in any medium now or hereafter devised worldwide without limitation, for advertising, promotional and trade purposes without further consideration or compensation, permission or notification, except where permitted by law. Prizes are not transferable. No prize, cash or other substitutions allowed except at sole discretion of the Sponsor or as otherwise provided herein. Fraudulent Entries are not allowed. | ||
| Sponsor and MLBAM reserve the right, in their sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in the sole discretion of Sponsor and MLBAM) human error, virus, bugs, non-authorized human intervention, fraud or any other causes corrupt or affect the promotional objectives, administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or any related web site. Sponsor and MLBAM may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of scripts, macros bots or other automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any representatives of Sponsor or the MLB Entities. | ||
7. Prohibited Entry Content: The Sponsor and/or MLBAM may remove any Entry that in the sole judgment of the Sponsor and MLBAM, including without limitation if it is determined to be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Entries that do not comply with this Section 9 or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. The Sponsor reserves the right to monitor Entries for inappropriate content. If at any time the Sponsor chooses, in its sole discretion, to monitor the content of an Entry, the Sponsor nonetheless assumes no responsibility for the content of an Entry, no obligation to modify or remove any inappropriate content of an Entry, and no responsibility for the conduct of the participant submitting any such Entry. |
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Participants are solely responsible for the content of Entries. The Sponsor does not endorse and has no control over the content of an Entry. Entries are not necessarily reviewed by the Sponsor prior to posting and the Entries do not reflect the opinions or policies of the Sponsor. The Sponsor and MLBAM make no warranties, express or implied, as to the content of any Entry or to the accuracy and reliability of the content of any Entry. |
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| The following is a partial list of prohibited Entry content. The Sponsor, MLBAM and their agents reserve the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Sponsor and/or MLBAM, violates these provisions, including without limitation, removing the offending Entry and/or prohibited content. Prohibited content includes, but is not limited to, content that, in the sole discretion of the Sponsor and/or MLBAM: | ||
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| The following is a partial list of illegal or prohibited Contest activity. The Sponsor, MLBAM and each of their respective agents reserve the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Sponsor and/or MLBAM, violates this provision, including without limitation, reports to law enforcement authorities. Prohibited activity includes, but is not limited to: | ||
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| 8. Copyright Claims: To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements): | ||
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Such written notice should be sent to our designated agent as follows: |
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Interactive Engagement, Never Miss a Game Contest Inquiry, P.O. Box 1048, Duluth, GA |
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Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. |
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| Counter-Notification | ||
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): |
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Such written notice should be sent to our designated agent as follows: |
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| Interactive Engagement, Never Miss a Game Contest Inquiry, P.O. Box 1048, Duluth, GA Fax: (309) 404-3992 Email: info@interactiveengagement.com |
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Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. |
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9. Winners List You can request the name of the Winner by sending a self addressed stamped envelope postmarked by August 30, 2008 to: Interactive Engagement, Never Miss a Game Contest Winner, P.O. Box 1048, Duluth, GA 30096. Winner’s name will be sent out in October of 2007. |
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10. Sponsor: Six Continents Hotels, Inc., 3 Ravinia Drive, Suite 100, Atlanta, GA 30346. This promotion is not sponsored by any MLB Entity. |
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| 11. Notice and Disclaimer: Major League Baseball trademarks and copyrights used herein are the property of the applicable MLB Entities. All rights reserved. All other trademarks related to the prizes are the property of their respective owners and no sponsorship, endorsement or affiliation is necessarily implied by their use in these Official Rules or in the Contest. | ||
12. Data Collection: All information submitted by entrants is subject to, and will be treated in a manner consistent with, MLB.com’s Privacy Policy accessible at: www.mlb.com/privacy. |
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