2022 Pre-Pick Promotion Presented by Proline+
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST IS ONLY OPEN TO RESIDENTS OF ONTARIO WHO ARE 19 YEARS OF AGE OR OLDER AT TIME OF ENTRY WITH A VALID MLB.COM ACCOUNT. IF NO ELIGIBLE ENTRANT RECEIVES THE MAXIMUM SCORE IN ANY SINGLE CONTEST AS SET OUT IN THESE OFFICIAL RULES, A PRIZE WILL NOT BE AWARDED FOR THAT CONTEST.
VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1) Promotion Structure/Timing: The Pre-Pick Promotion ("Promotion") is devised as a non-gambling promotion and is intended solely for entertainment purposes. The Promotion will begin at 10:00 A.M. Eastern Time ("ET") on May 9, 2022 and end at the final game of the 2022 MLB Regular Season (which is currently scheduled for October 5, 2022, but is subject to change) or the date upon which Sponsor announces the close of the Promotion, whichever comes first (the "Promotion Period"). The Promotion is comprised of multiple contests (each a "Contest" and collectively, "Contests") and invites Entrants (as defined below) to compete by submitting certain solicited predictions (each, a "Prediction") regarding the outcomes of MLB games (each, an "MLB Game") scheduled to take place on the Promotion website ("Website"). One (1) Contest will take place on each day of the Promotion Period on which at least one (1) MLB Game is played, regardless of the number of MLB Games that are played that day. If no MLB Game takes place on any given day within the Promotion Period, no Contest shall be conducted for such day. For each Contest, the Website will solicit seven (7) Predictions and one (1) tiebreaker concerning MLB Games scheduled and played on the applicable day. The entry period for each Contest will begin on or about 10:00 A.M. ET (or earlier, as announced on the Website) and end at the start of the first MLB Game about which Predictions are solicited. The Website will announce the time at which the entry period for each Contest will close ("Lock Time"). Entrants must submit all seven (7) Predictions and an answer to the tiebreaker prior to the Lock Time to receive an entry into the applicable Contest.
2) Eligibility: The Promotion is open to legal residents of Ontario, Canada, who are, as of the date of entry: (a) nineteen (19) years of age or older and (b) registered users of MLB.com. There is no cost to register as a user of MLB.com. Employees, officers, and directors of MLB Advanced Media, L.P. ("Sponsor"), the other MLB Entities (as defined below), Ontario Lottery and Gaming Corporation ("Prize Supplier"), The Alcohol and Gaming Commission of Ontario, Mediacom Canada, Fan Hub Media Trading Pty Ltd, and each of their respective parent companies, subsidiaries, affiliates, governors, related entities, partners, partnerships, principals, licensees, sponsors, and advertising/promotion agencies, and all of their respective officers, directors, employees, agents, representatives, successors, and assigns (collectively, "Released Parties"), and the immediate family members (parent, spouse, sibling, or child, and their respective spouses, regardless of where they reside, and those living in the same household of each such employee, officer, or director, whether or not related) 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 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. This Promotion is subject to all applicable federal, state, provincial and local rules and regulations. Void where prohibited or restricted by law, rule, or regulation.
3) Prize(s): One (1) cash prize of $5,000.00 CAD is available to be won in each single Contest (each a "Prize" and collectively, "Prizes") during the Promotion Period. For the avoidance of doubt, if you win the Prize in one (1) day's Contest, you are still eligible to compete and win Prizes for other days. A Prize will not be awarded if no Entrant earns the maximum score in a Contest (as described in Section 6). Prizes not awarded will not be carried over to the next Contest.
4) To Participate: To participate in the Promotion, while logged into your MLB.com account, access the Website on your computer or mobile device, and click on the banners, buttons, and/or links to access the Promotion registration form. By fully completing and submitting all information required for Promotion registration and confirming your agreement to these Official Rules, you will be registered as a Promotion entrant ("Entrant"). Incomplete registrations are void. Entrants are responsible for ensuring that all their contact information is up-to-date and accurate.
Limit one (1) Promotion registration and one (1) entry for each Contest per person/email address for the duration of the Promotion Period. Additional registration forms and single Contest entries received from any person/email address after the first registration and single Contest entry received will be void. The use of a script, macro, or any other device to automate or subvert the Promotion registration or Contest entry process is prohibited and all such registrations and entries will be void. If you choose to register and enter using your mobile device, standard data rates apply. Each wireless carrier's data rate plan may vary, and you should contact your wireless carrier for information on data rate plans and charges relating to your participation in this Promotion.
5) Contest Scoring: Contest entries will be scored by Sponsor in accordance with the below:
a) Entrants will earn one (1) point for each correct Prediction made for the applicable Contest. The maximum number of points that may be earned for any Contest is seven (7).
b) Sponsor will tabulate Contest scores as soon as practicable after the conclusion of all MLB Games about which Predictions are solicited or at about 8:00 A.M. ET on the day after the Contest started, whichever comes first ("Final Call"), subject to the below terms regarding suspended games.
c) In the event a solicited Prediction concerns an MLB Game that is suspended, Sponsor will only score and issue points if the MLB Game is deemed an "official game" by Final Call. If the suspended MLB Game is not deemed an "official game" by Final Call, the applicable Contest will be cancelled and void and no Prize will be awarded. 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 team is leading, or once the home team has made fifteen (15) outs regardless of score.
d) In the event that a solicited Prediction concerns a single MLB Game or MLB Game event which, for any reason, does not take place, or the outcome of all relevant MLB Games or events cannot be determined by Final Call (e.g., a Prediction concerns the total number of runs to be scored by the American League vs. National League across all MLB Games scheduled for the day and two (2) such MLB Games are cancelled or concerns the number of strikeouts three (3) relief pitchers will make and one (1) such relief pitcher has not been activated by Final Call), Sponsor may score and issue points if Sponsor determines, in its sole and absolute discretion, that, in the aggregate, sufficient MLB Game activity has taken place for the Contest. If Sponsor determines that, in the aggregate, sufficient MLB Game activity has not taken place, the applicable Contest will be cancelled and void, and no Prize shall be awarded.
e) The Website will indicate if a Contest is cancelled or void.
f) In the event that, after Sponsor has scored and issued points for any Predictions and the applicable MLB Game or event outcome is changed, corrected or otherwise modified by MLB (e.g., following an instant replay review or following review initiated by a Club), points awarded within the Contest for the applicable prediction will not be changed, corrected or otherwise adjusted, even if such change, correction or adjustment is anticipated by an Entrant.
g) 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 MLB Game outcomes or Prediction scores.
h) The decisions or Sponsor are final and binding with respect to Contest scoring and in all other Contest matters.
6) Winner(s): Subject to the verification of eligibility and compliance with these Official Rules, the Entrant who earns the maximum score for a Contest will be named a winner and will win the cash Prize for such Contest. If no Entrant earns the maximum score in a Contest, the Prize for such Contest will not be awarded. Prizes not awarded will not be carried over to the next Contest. In the event more than one (1) Entrant earns the maximum score the following will occur:
a) Sponsor will review the tied Entrants' answers to the tiebreaker question, which answers will be in the form of a numerical Prediction. The Prize will be awarded to the Entrant whose Prediction comes closest to matching the actual outcome of events contemplated in the tiebreaker question.
b) For the avoidance of doubt, it does not matter if the tiebreaker answer is above or below the actual outcome. For example, if the tiebreaker question concerned the number of home runs to be scored during a certain event or time period and fifty (50) home runs were recorded during the relevant time period, and one (1) tied Entrant predicted forty-eight (48) and the other tied Entrant predicted fifty-one (51), the Entrant who predicted fifty-one (51) would win the tiebreaker and be deemed the winner.
c) If there is still a tie after the tiebreaker answers are evaluated, the tie will be broken by evaluating which Entrant, according to Sponsor's records, submitted his/her tiebreaker answer first.
Except as may be specified in these Official Rules, all costs and expenses associated with the acceptance and use of any Prizes, including but not limited to federal, state, provincial and local taxes, are each Winner's sole responsibility. All Prize details are at Sponsor's sole discretion. The cash component of Prizes will be awarded in the form of a check or such other means as may be reasonably determined by Prize Supplier.
7) Winner Notification: Each potential winner will be notified by Prize Supplier and/or Prize Supplier's agent by email and/or telephone approximately five (5) business days following the conclusion of the applicable Contest. Entrants are solely responsible for monitoring their email and voice message systems for Promotion-related notifications. Prize Supplier or Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Prize Supplier or Sponsor (for example, government-issued photo identification) for winner verification purposes. Prior to being confirmed as the recipient of a Prize, each selected eligible participant will be required to (a) execute and return a Declaration of Eligibility & Liability Release and (where legal) Publicity Release, and any other documents required by Sponsor or Prize Supplier and (b) correctly answer a mathematical skill-testing question without mechanical or other aid, within five (5) business days of date of issuance. Without limiting the generality of the foregoing, Sponsor and Prize Supplier reserve the right, in their sole and absolute discretion, to administer an alternate test of skill as they deem appropriate based on the circumstances and/or to comply with applicable law. If any Prize or Prize notification is returned as undeliverable or is declined, if Sponsor or Prize Supplier 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 tie, the Prize may be awarded to the remaining, non-disqualified potential winner(s). Prizes will be awarded only to the Authorized Account Holder of the email address used for Promotion registration (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.
8) Publicity: Except where prohibited by law, by registering for the Promotion, each Entrant grants permission to the Released Parties for the use of entrant's name, photograph, likeness, statements, biographical information, voice, address (city and province), 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 Promotion winners list.
9) Promotion Conditions: By registering for the Promotion, each Entrant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. By registering for the Promotion, each Entrant agrees to refrain from conduct or communications which may harm the image or reputation of Sponsor or the other Released 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. All federal, state, provincial and local taxes (including income and withholding taxes) and all other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded, if any, are winners' sole responsibility. Participation in the Promotion is at Entrant'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 Released Parties are not responsible for lost, incomplete, inaccurate, garbled, late, delayed, undelivered or misdirected registrations, predictions, or entries; theft, destruction, or unauthorized access to, or alteration of, entries; 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; traffic congestion on the Internet or for any technical problem, including, but not limited to, any injury or damage to Entrant's or any other person's computer or mobile device related to or resulting from participation in this Promotion; errors or ambiguity in these Official Rules, any Promotion-related advertisements, or other materials; the selection or announcement of potential winners or the distribution of Prizes; the cancellation, suspension, or preemption of Major League Baseball games, scoring tabulation, or timing errors; injuries or unavailability of Major League Baseball players; or other problems or errors of any kind whether mechanical, human, electronic, typographical, printing, or otherwise. Entrants 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 Entrant and void any his/her Entries if Sponsor believes such Entrant has attempted to tamper with or impair the administration, security, fairness, or proper play of this Promotion or is in violation of these Official Rules or Sponsor's Terms of Use. The Released Parties, in their sole discretion, reserve the right to modify, suspend, or terminate this Promotion (or any portion thereof) at any time and for any reason, including, but not limited to, to ensure the fairness and integrity of the Promotion or in the event Sponsor or Prize Supplier are prevented from executing the Promotion (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 its sole discretion, to modify, suspend, extend, terminate, or cancel Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of Promotion. Entries generated by a script, macro, or other mechanical or automated means will be disqualified.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, PRIZE SUPPLIER, AND THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
The Released Parties reserve the right to modify these Official Rules for clarification purposes without materially affecting the Official Rules of the Promotion. In the event that the Promotion is challenged by any legal or regulatory authority, Released Parties reserve the right to discontinue or modify the Promotion, or to disqualify Entrants residing in the affected geographic areas. In such event, the Sponsor shall have no liability to any Entrants who are disqualified due to such action.
10) Release, Limitation of Liability and Disclaimer of Warranties: By entering the Promotion, each Entrant agrees (a) that the Released Parties shall have no liability and (b) to indemnify, hold harmless, and fully release the Released Parties from any claim, action, demand, liability, loss, injury, or damage caused, directly or indirectly, in whole or in part, by participation in the Promotion; any Promotion-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. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND PARTICIPATION IN THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD). WITHOUT LIMITING THE FOREGOING, THE PROMOTION, INCLUDING THE PRIZES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11) Arbitration: Except where prohibited by law, as a condition of participating in this Promotion, each Promotion Entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Promotion, or Prizes 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 Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and each Entrant further waives all rights to have damages multiplied or increased.
12) Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.
13) Privacy: All information submitted by Entrants is subject to, and will be treated in a manner consistent with, MLB's website Privacy Policy, accessible at mlb.com/privacy. Entrants may be given the option to receive (a) commercial email from MLB, its affiliates and/or partners (including commercial sponsors of the Promotion) and/or (b) mobile text messages and updates from MLB; however, eligibility to participate in the Promotion or any 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 Entrant's opportunity to win. Subject to the information that follows in this paragraph, "personal information", as defined in the Freedom of Information and Protection of Privacy Act, RSO, 1990, c F.31, of Entrants will be collected by or transmitted to OLG in respect of this Contest for the sole purpose of contest administration and/or the delivery of any prizes. If, at the time an Entrant agrees to the Official Rules, they opt in to receive OLG marketing and promotional communications from OLG, the Entrant authorizes MLB to disclose to OLG the full name, telephone number and/or email address such Entrant provided to MLB at the time of agreeing to the Official Rules. Such information is collected by MLB on OLG's behalf pursuant to section 3 of the Ontario Lottery and Gaming Corporation Act, 1999 and is intended to be used by OLG for the purpose of communicating marketing and promotional information and services to opted-in Entrants, administering and evaluating OLG's marketing program, prize delivery, and compliance with legal requirements. For more information, please contact an OLG Support Centre representative by calling 1-800-387-0098, or by mail at 70 Foster Drive, Suite 800. Sault Ste. Marie, ON P6A 6V2. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. Certain of your Promotion registration information and Contest activity may be shared with Promotion sponsors, as disclosed to you when you first enter the applicable Contest.
14) Winner Information: For the name(s) of the winner(s) (available on a rolling basis throughout the Promotion Period and for 90 days thereafter), visit https://www.mlb.com/play/winners/pre-pick-canada.
15) Sponsor: MLB Advanced Media, L.P., 1271 Avenue of the Americas, New York, NY 10020.
16) Prize Supplier: Ontario Lottery and Gaming Corporation, 4120 Yonge Street, Suite 402, Toronto, Ontario M2P 2B8.
This Promotion is a contest designed to increase consumer awareness of and interest in Major League Baseball. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.