2018 Captain Morgan Suite Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRANSPORTATION AND LODGING NOT INCLUDED.
SPONSOR: The Sponsor of this Sweepstakes is Diageo Americas, Inc. ("Diageo") 530 5th Avenue, New York, NY 10036. The Administrator of this Sweepstakes is Angels Baseball LP, 2000 Gene Autry Way, Anaheim, CA 92806 ("Administrator" or "Los Angeles Angels").
ELIGIBILITY: The 2018 Captain Morgan Suite Sweepstakes (the "Sweepstakes") is open only to legal residents of the state of California, who are at least twenty-one (21) years of age at the date and time of entry with a valid and original DMV driver's license or identification card. Persons in any of the following categories are not eligible to participate or win the prize: (a) employees, officers, directors, agents, representatives, (including immediate family members such as a spouse, parent, child, sibling, son-in-law, daughter-in-law, and all lineal descendants, including those by adoption), domestic partner, and each of their respective spouses, regardless of where they reside, and members of the same household, whether or not related) of Sponsor, the MLB Entities (as defined below), any of their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the foregoing organizations; (b) suppliers, distributors or retailers of alcohol beverage products; or (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes. Subject to all applicable federal, state, and local laws and regulations. Void outside California, and where prohibited or restricted by law, rule or regulation. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
THE POTENTIAL WINNER IS SUBJECT TO VERIFIATION BY SPONSOR AND ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ELIGIBILITY IS VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
ENTRY PERIOD: The Sweepstakes begins at 6:00 am Pacific Time ("PT") on July 5, 2018, and ends at 3:00 pm PT on July 31, 2018 ("Entry Period"). Administrator's computer is the official time-keeping device for the Sweepstakes.
HOW TO ENTER: You may enter the Sweepstakes in one (1) of the two (2) following ways: online or mail. No other method of entry will be accepted. Limit one (1) entry per person/email address/household, regardless of method of entry. Additional entries beyond the specified limit will be void.
Alternate Method of Entry: If you do not wish to enter online, you may enter the Sweepstakes by hand-printing your full name, address, city, state and zip code, day and evening telephone numbers (including area codes), preferred time to contact you; date of birth and email address (optional); name of the Sweepstakes ("2018 Captain Morgan Suite Sweepstakes"); and the following statement: "I acknowledge that I have read, understand and agree to the Sweepstakes Official Rules" on a 3"x5" postcard and mailing it in a sealed envelope with proper postage affixed to: 2018 Captain Morgan Suite Sweepstakes c/o Los Angeles Angels, Angel Stadium of Anaheim, 2000 East Gene Autry Way, Anaheim, CA 92806. Sponsor and the applicable MLB Entities will use email addresses or phone number provided via the mail-in entry method for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's provision of this information. Mail-in entries must be received by Administrator by August 4, 2018, to be eligible.
Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. In the event of a dispute as to any participation (i) by mail, the authorized account holder of the phone number provided at the time of entry will be deemed to be the entrant, or (ii) by online entry, the authorized account holder of the email address provided at the time of entry will be deemed to be the entrant. The "authorized account holder" is the natural person assigned a phone number by a cellular service provider or assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Administrator and Sponsor, as applicable, and will not be returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor/Administrator in their sole discretion.
WINNER SELECTION, NOTIFICATION, AND REDEMPTION: On or about August 6, 2018, Administrator will conduct one (1) random drawing from among all eligible entries received, to select the potential winner. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the "Winner"). The decisions of Administrator are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received.
The potential winner will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsor and the applicable MLB Entities) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within seventy-two (72) hours of the date of notification or declines the Prize for any reason, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and/or the applicable MLB Entities, as directed, and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, publicity, within twenty-four (24) hours of the time of issuance. If selected potential winner does not meet the eligibility requirements, or does not wish to participate in the Sweepstakes or receive the Prize, he/she will be disqualified. An alternate potential winner may then be randomly selected from among all remaining eligible entries, again time permitting. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.
PRIZE: ONE (1) PRIZE WILL BE AWARDED. The Winner will receive: twenty-four (24) Captain Morgan Suite tickets for Winner and up to twenty-three (23) guests for one (1) Los Angeles Angels 2018 regular season home game played at Angel Stadium on September 16, 2018; a two-thousand dollar ($2,000) food and non-alcoholic beverage credit for use in the suite during the game; and three (3) regular parking passes for use on the date of the game in a lot to be determined by Sponsor at its sole discretion (the "Prize"). TRANSPORTATION AND LODGING NOT INCLUDED. Approximate Retail Value: $5,000.
PRIZE CONDITIONS: All Prize details, including shall be determined in the sole and absolute discretion of Sponsor and Administrator, as applicable. Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize, 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 the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. LODGING AND TRANSPORTATION TO/FROM THE GAME NOT INCLUDED. Suite locations at the game shall be determined in the sole discretion of Administrator. Winner's guests must be at least twenty-one (21) years of age and provide Administrator with valid government-issued photo identification establishing same (e.g., driver's license or passport) in order to enter the suite. The Winner is allowed to bring up to a maximum of twenty-three (23) guests. Only the amount of guests that arrive at the suite on the prize game date who can establish to Administrator's satisfaction that they are at least twenty-one (21) years of age will be accommodated, and Winner will not be entitled to any substitutions or additional consideration if the guest count in the suite is less than twenty-three (23) people. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guests agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or 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 or exhibition tickets.
If Winner is unable or unwilling to attend game on the date or in the location selected, the Prize will be forfeited and may be awarded to an alternate winner. Prize is awarded "as is" with no warranty or guarantee, either express or implied. No alcohol is awarded as part of the Prize. In the event of Prize unavailability, if the Sweepstakes becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor's sole discretion, Sponsor and Administrator reserve the right to cancel, postpone, or modify (in whole or in part) the Sweepstakes. Failure to attend game or use prize does not relieve Winner of his/her tax obligations associated with acceptance of the Prize. Sweepstakes winnings will be reported to the Internal Revenue Service and Winner can expect to receive a 1099 tax form for the Prize which total more than $600.00 for the year.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, the MLB Entities, Facebook and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor, MLBAM and/or Administrator by telephone, email and/or postal mail for Sweepstakes purposes.
In exchange for the right to participate in the Sweepstakes, each entrant and the Winner agree to release and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or use or misuse of the Prize (or any portion thereof). Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
The Winner, by acceptance of the Prize, grants to Sponsor, Administrator, MLBAM and each of their respective designees the right to publicize the Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The Winner further agrees to sign a waiver and release of liability prior to claiming the Prize. If the potential winner fails to sign such a release, that individual shall not be deemed eligible to receive the Prize and an alternate winner will be chosen.
GENERAL CONDITIONS: 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; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor, Administrator and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor, Administrator, MLBAM and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. The Winner acknowledges that no release has been made or any warranty, representation, or guarantee, whether expressed or implied, regarding the Prize (or any portion thereof) and agrees that the Released Parties to the maximum extent permitted by law, disclaim all warranties, express or implied, including (without limitation) those of merchantability, quality, mechanical condition and fitness for a particular purpose. To the maximum extent permitted by law, each entrant and the Winner agrees to indemnify and hold harmless each Released Party against any and all claims, suits, damages, losses, liabilities, obligations, fines, penalties, costs and expenses (based on any and all possible theories), including reasonable legal fees and expenses in connection with the Prize provided or arising from or in connection with their participation in Sweepstakes. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Administrator, Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor, Administrator and MLBAM also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS 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.
As a condition of entering this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or the award of the prize awarded (each, a "Claim"), shall be (1) 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 (2) settled by binding arbitration in Orange County, California before a single arbitrator appointed by the American Arbitration Association 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 (ii) 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. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the state of California, applicable to contracts entered into and performed exclusively in that State.
All entry data provided via the online entry form is provided to Sponsor, Administrator and/or MLBAM and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
WINNER'S LIST: For the Winner's name, mail a request and a self-addressed stamped envelope to be received by October 1, 2018, to: 2018 Captain Morgan Suite Sweepstakes Winners List c/o Los Angeles Angels, Angel Stadium of Anaheim, 2000 East Gene Autry Way, Anaheim, CA 92806.
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