a. General Release. By submitting an application, the applicant, on behalf of himself/herself and/or the organization that will receive/use the grant funds, agrees to release, discharge, and hold harmless the Arizona Diamondbacks Foundation, Inc., AZPB Limited Partnership (dba Arizona Diamondbacks), and its subsidiaries, the MLB Entities, any participating sponsor, and each of their respective owners, partners, officers, directors, employees, agents, and representatives from any claim, damages, or liability (including, without limitation, claims based on property damage, personal injury and/or death, publicity rights, defamation, or invasion of privacy) arising from or related to the Derrick Hall President’s Circle Grants, the submission or use of any application, and the use of any grant. “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), 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.
b. CAUTION. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION WILL DISQUALIFY ANY APPLICANT RESPONSIBLE FOR THE ATTEMPT, AND THE FOUNDATION, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
c. Governing Law; Arbitration. The provisions of the Derrick Hall President’s Circle Grants shall be construed and enforceable in accordance with the laws of the State of Arizona. As a condition of grant consideration, the applicant, on behalf of himself/herself and/or the organization that will receive/use the grant funds, agrees that: (i) any and all disputes, claims, controversies or causes of action arising out of or relating to the Derrick Hall President’s Circle Grants, or any grant 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 Maricopa County, Arizona before a single arbitrator appointed by JAMS 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.
d. Modifications. The Arizona Diamondbacks Foundation reserves the right to modify these rules and/or cancel or discontinue the program for any reason without notice, as determined in its sole and absolute discretion.
e. Notification. In the event an individual or organization is selected to receive a grant, the Arizona Diamondbacks Foundation will attempt to notify the applicant using the information submitted by the applicant. The applicant or organization (and any other party who may utilize the grant) must execute a grant agreement before the grant will be awarded. The grant agreement will contain provisions including, but not limited to, a release and waiver of claims and an affidavit of use of the grant. In the event an individual or organization: (i) does not respond to the Arizona Diamondbacks Foundation within five (5) calendar days of notification; (ii) is ruled ineligible for any reason; (iii) refuses the grant; or (iv) does not return an executed grant agreement, the grant will be forfeited and may or may not be awarded to an alternate school, as determined by the Arizona Diamondbacks Foundation in its sole and absolute discretion.
f. Terms of Use and Privacy Policy. All information submitted online by applicants is subject to, and will be treated in a manner consistent with, MLB’s Terms of Use accessible at: mlb.com/tou and Privacy Policy accessible at: mlb.com/privacy.
