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.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states") who are eighteen (18) years of age or older as of the date of entry with a valid and original DMV driver's license or identification card (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Employees, officers, and directors (including 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 Yakult U.S.A. Inc. ("Sponsor"), the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate in the Sweepstakes or win the Prize (defined below). 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., BAMTech, LLC, 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 Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ANGELS BASEBALL LP, 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.
HOW TO ENTER: The Sweepstakes begins at 12:00 pm Pacific Time ("PT") on April 17, 2018, and ends at 11:59 pm PT on May 20, 2018 ("Entry Period"). 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.
2. 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 & evening telephone numbers (including area codes), date of birth and email address (optional); name of the Sweepstakes ("Ceremonial Opening Pitch Sweepstakes Presented by Yakult"); 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: Ceremonial Opening Pitch 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 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 Angels Baseball LP ("Los Angeles Angels") by May 20, 2018, to be eligible. Mail-in entries become the property of Sponsor and will not be returned.
RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about May 25, 2018 from among all eligible entries received. 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 Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZE: One (1) Prize Will Be Awarded. The Winner will receive four (4) Diamond Club tickets for the Winner and three (3) guests for one (1) 2018 Los Angeles Angels regular season home game played at Angel Stadium of Anaheim on June 1, 2018, and the opportunity for Winner to throw out a ceremonial first pitch prior to the game (the "Prize"). (Approximate Retail Value of the Prize: $2,000.00.) LODGING AND TRANSPORTATION TO/FROM THE GAME NOT INCLUDED.
PRIZE/ODDS OF WINNING: Actual odds of winning are based upon the total number of entries received. Prize provided "as is." No prize substitutions will be permitted. No exceptions.
THE APPROXIMATE RETAIL VALUE: THE APPROXIMATE RETAIL VALUE OF PRIZE: $2,000. Winner will be required to complete and return a W-9 form (if prize value exceeds $600), affidavit of eligibility, and liability/publicity release, and present a valid driver's license before a prize will be awarded. Winners of prizes valued at more than $600 will be issued a 1099 form reflecting the value of the prize(s) and are responsible for paying all income taxes on prize(s). Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the Prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation. NO PRIZE OR CASH SUBSTITUTIONS WILL BE PERMITTED. PRIZES ARE NOT TRANSFERABLE AT ANY LEVEL AND ARE NOT ASSIGNABLE.
PRIZE CONDITIONS: All Prize details, including, without limitation, the exact nature and duration of the ceremonial first pitch opportunity, shall be determined in the sole and absolute discretion of Sponsor and Angels Baseball LP, and subject to availability. 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. Seat locations at the game shall be determined in the sole discretion of Sponsor. Winner's guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. 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 guest(s) 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 guest(s) 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 ticket(s).
WINNER SELECTION, NOTIFICATION, AND REDEMPTION: On the random drawing date indicated above, the Sponsor shall conduct one (1) random drawing from all eligible entries received, to select a total of one (1) finalist to participate and to potentially be selected as the winner.
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 twenty-four (24) hours of the time of issuance 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 may 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. Any selected finalist who does not meet the eligibility requirements, or does not wish to participate in the Sweepstakes will be disqualified. An alternate finalist will then be randomly selected. 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.
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 Los Angeles Angels by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsor, 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 conducting the ceremonial first pitch as a result of 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.
DELAYED, POSTPONED, AND CANCELLED GAMES: In the event the designated game in which the Prize first pitch is scheduled to occur is postponed, cancelled or rescheduled for any reason whatsoever, the potential winner and the grand Prize first pitch opportunity will carry forward to the rescheduled date of that game, if any. In the event that the scheduled game is cancelled and not rescheduled, played or replayed, then there will be no Sweepstakes entry and no prize will be awarded.
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 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, 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 any prize and agrees that the Releasee(s), 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 failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 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, 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. In the event of dispute as to the identity or eligibility of any potential winner based on an 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 defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
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 any prizes 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 New York County, New York 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 New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All entry data provided via the online entry form is provided to Sponsor 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 December 30, 2018, to: Ceremonial Opening Pitch Sweepstakes Winners List c/o Los Angeles Angels, Angel Stadium of Anaheim, 2000 East Gene Autry Way, Anaheim, CA 92806.
SPONSOR: The Sponsor of this Sweepstakes is Yakult U.S.A. Inc., 17235 Newhope St., Fountain Valley, CA 92708. Yakult trademarks and copyrights are proprietary to Yakult U.S.A. Inc. and to its parent company. All rights reserved.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.