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Arizona Diamondbacks Foundation Play Ball Fund Grant Program Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND NOMINATORS AND NOMINEES WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. GENERAL

The object of the Arizona Diamondbacks Foundation Play Ball Fund Grant Program (the “PBF Grant Program”) is for Nominators (defined below) to submit an original essay (the “Submission”) that describes (a) why an Arizona youth baseball/softball team, league, or organization that is a registered 501(c)3 entity, school, municipality, or other nonprofit organization to which Nominator is directly affiliated (“Nominees”) deserves to receive a One Thousand Dollar ($1,000.00) grant (“Grant”) from the Arizona Diamondbacks Foundation Play Ball Fund for equipment, facility upgrades, training, or operating expenses, and (b) the impact the Nominee has on the community. Staff members of the Foundation (the “Judges”) will select up to ten (10) most deserving Nominees for each Entry Period in accordance with these Official Rules and based upon criteria set forth in Section 5 below. The Foundation (as defined below) will consider Nominees in youth sports other than baseball and softball, but priority will be given to baseball/softball. Nominees are only eligible to receive one (1) Nominee Award (defined below) throughout the PBF Grant Program.

2. ELIGIBILITY
To submit a Submission, you must be a legal resident of Arizona at least eighteen (18) years of age at the time of entry (“Nominators”). Submissions with references to persons under the age of thirteen (13) shall only be to such person’s first name. All Nominators (a) must obtain consent from an authorized member/representative of the Nominee prior to entering; and (b) may be required to return to the Foundation, as directed, such Nominee authorized member/representative’s written consent (“Nominee Consent”). Any Submission (i) to which Nominee has not consented; or (ii) for which the Foundation does not receive any required written Nominee Consent, will be void, eliminated and not eligible for consideration. Nominee Consent is subject to verification by the Judges. 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 Arizona Diamondbacks Foundation, Inc. (the “Foundation”), AZPB Limited Partnership dba “Arizona Diamondbacks”, JPMorgan Chase & Co., the MLB Entities (defined below), AZPB REM Limited Partnership, AZPB FM Limited Partnership, and each of their respective parent, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the PBF Grant Program are not eligible to participate either as a Nominee or Nominator. The “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. The PBF Grant Program is subject to all applicable federal, state, and local laws, rules, and regulations. Void outside Arizona and where prohibited or restricted by law, rule, or regulation.

3. ENTRY PERIOD
The PBF Grant Program begins on February 9, 2021, at 12:00 a.m. Mountain Time (“MT”) and ends on August 31, 2021, at 11:59 p.m. MT (the “PBF Grant Program Period”). The PBF Grant Program Period shall be divided into six (6) entry periods (each, an “Entry Period”) as set forth in the table below.

Entry Period Entry Period Start Date, each at 12:00 a.m. MT Entry Period End Date, each at 11:59 p.m. MT
1 February 9, 2021 March 31, 2021
2 April 1, 2021 April 30, 2021
3 May 1, 2021 May 31, 2021
4 June 1, 2021 June 30, 2021
5 July 1, 20210 July 31, 2021
6 August 1, 2021 August 31, 2021

4. HOW TO ENTER

To enter, Nominators must log on to www.dbacks.com/playball during an Entry Period and click on the Baseball/Softball Team, League, or Organization of the Month banners, buttons and/or links to access the online entry form for the PBF Grant Program. To enter, Nominators must read and consent to these Official Rules during the PBF Grant Program entry process. Nominators must also provide all required information noted on the form, including, without limitation, their complete name, date of birth, address, city, state, ZIP/postal code, telephone number, e-mail address, and Submission pursuant to (a) the Submission Requirements (as set forth below), and (b) the Content Restrictions (as set forth in Section 9 below).

Nominators may be given the option to receive (i) commercial e-mails from dbacks.com and/or MLB.com and/or (ii) mobile text messages and updates from dbacks.com and/or MLB.com; however, eligibility to participate in the PBF Grant Program is not dependent upon Nominator’s consent to receive such e-mails or mobile text messages and updates and consenting to receive any such e-mails and/or mobile text messages and updates will not impact any Nominator’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.

Submission Requirements: Nominators must submit their Submission as directed during the PBF Grant Program entry process. Submissions must be in the English language and must not exceed five hundred (500) words in length.

Online entry only. No other method of entry will be accepted. Nominators are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.

All Submissions must include a valid e-mail address for the Nominator. All information submitted by Nominators is subject to, and will be treated in a manner consistent with, Major League Baseball’s Terms of Use accessible at: mlb.com/tou and Privacy Policy accessible at: mlb.com/privacy. Nominators must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate Submissions are void. Limit one (1) entry per person/e-mail address/household per Entry Period. In case of multiple Submissions received from any person or e-mail address or household per Entry Period, only the first Submission received from such person or e-mail address or household will be considered for such Entry Period. Submissions that do not comply with the Submission Requirements, the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.

5. EVALUATION
The Judges will evaluate all eligible Submissions based on the following criteria: (a) Nominee’s projected use of Grant (33%); (b) Nominee’s financial need (33%); and (c) Nominee’s community impact (34%). Following each Entry Period, the Judges will evaluate all eligible Submissions received for such Entry Period to determine up to ten (10) Nominees most deserving of the Grant (“Deserving Nominee”). Each of the Submissions for which Nominee was selected as a Deserving Nominee, as determined by the Judges, will be a winning Submission (each, a “Winning Submission”). Subject to verification of eligibility and compliance with these Official Rules, each Nominator that submitted a Winning Submission, as determined by the Judges, will be a winner (each, a “Winner” and collectively, the “Winners”). Non-winning eligible Submissions from one Entry Period will not carry forward to or be eligible for any subsequent Entry Period. In the event of a tie among any potential Winning Submissions, the score for community impact will be used as the tiebreaker.

6. NOMINEE AWARDS

Up to sixty (60) “Nominee Awards” will be awarded (i.e., up to ten [10] per Entry Period). Subject to Nominee Consent (as defined in Section 2), each Deserving Nominee will receive one (1) Nominee Award. Approximate Retail Value [“ARV”] of each Nominee Award: $1,000.00.) Limit one (1) Nominee Award per Nominee. The Nominee Awards are non-transferable and non-assignable, with no cash redemptions except at the Foundation’s sole and absolute discretion. All Nominee Award details shall be determined in the sole and absolute discretion of the Foundation. Each Deserving Nominee is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with Nominee Award 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 Nominee Award are the sole responsibility of each Deserving Nominee.

7. PBF GRANT PROGRAM ADMINISTRATION
The Foundation will be responsible for resolving any disputes and rules violations that arise in connection with the PBF Grant Program. All decisions by the Foundation regarding the PBF Grant Program shall be final and binding in all respects.

8. CONSENT, LICENSE AND RELEASE
In exchange for the opportunity to participate in the PBF Grant Program, and the possibility of the use of Nominator’s Submission and/or the Nominator appearing in an audio, visual and/or multimedia production, the receipt of which opportunities shall be sufficient consideration for this Consent, License and Release, each Nominator, on behalf of him/herself and the Nominee (if and to the extent applicable), does hereby:

(a) agree that his/her Submission is an original work of authorship and that, as of the date of submission, he/she owns all right, title and interest in the Submission or has all necessary rights in the Submission in order to submit it to the Foundation and/or MLB under the terms of these Official Rules;

(b) consent to the collection by the Foundation and/or MLB (or its designee) of his/her personal information, including without limitation name, date of birth, address (city and state of residence), telephone number(s) and e-mail address(es) (the “Personal Information”) in connection with the Submission;

(c) grant to the Foundation, MLB and each of their respective designees the perpetual and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from his/her Submission throughout the world and in perpetuity, including, but not limited to, the right for the Foundation and/or MLB, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission, via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to Nominator or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever;

(d) agree that the foregoing license includes without limitation the right (i) to use his/her name (and any other Personal Information that may be incorporated into the Submission), likeness, image, voice, statements, appearance and performance as embodied in the Submission in whole or in part, for advertising, promotional and trade purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice and without further consideration or compensation, except where prohibited by law; (ii) to edit, alter, distort, add to, rearrange and otherwise modify the Submission, and use the Submission in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use the Submission for all of the purposes hereunder;

(e) acknowledge and agree, with respect to the Personal Information, that the MLB Entities shall have the right (subject to applicable law) to (i) incorporate certain of the Personal Information into the Submission and use such Personal Information as incorporated therein; (ii) analyze and use the Personal Information for any and all purposes, including without limitation sending him/her advertising and promotional materials and for any other advertising, marketing and promotional purposes; and (iii) to share the Personal Information with third parties for their advertising, marketing and promotional purposes or for any other purposes;

(f) acknowledge that Nominators shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;

(g) agree that Nominator shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and

(h) release and indemnify in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Submission, the Personal Information and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy.

Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein. In the event that any individual(s) is included by the Nominator in the Submission but does not submit a separate Consent, License and Release, the Nominator hereby represents and warrants (i) that such individuals(s) has authorized Nominator to agree to this Consent, Assignment and Release on his/her behalf (or, with respect to any individual under the legal age of majority in his/her jurisdiction of residence, that Nominator is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual), and (ii) that Nominator agrees to this Consent, License and Release on behalf of such individual(s).

9. CONTENT RESTRICTIONS
Nominators must not include any of the following content (the “Content Restrictions”) in any Submission: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, e-cigarettes, alcohol or drugs; (h) dangerous stunts; (h) real weapons of any kind including, but not limited to, guns, knives or projectiles; (i) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (j) individuals under legal age of majority without providing a signed release from parent or legal guardian; (k) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (l) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Submission is created. Any Submission that does not comply with the foregoing, in the sole discretion of the Foundation, will be disqualified and eliminated from consideration.

10. NOTIFICATION
Each potential Winner will be notified by e-mail and/or telephone by the Foundation and/or MLB and may (in the Foundation’s discretion) be confirmed by postal mail, return receipt (the “Award Notification”). In the event that any potential Winner does not respond to such Nominee Award Notification, the Foundation may attempt to contact an authorized member/representative of the potential Deserving Nominee directly by e-mail and/or telephone at the Foundation’s sole discretion. If neither the potential Winner nor potential Deserving Nominee can be contacted within three (3) days of the date of issuance, a disqualification will result, the Nominee Award will be forfeited and, at the Foundation’s sole discretion and time permitting, an alternate potential Winner shall be chosen from among all remaining eligible Submissions received for the applicable Entry Period.

Any potential Deserving Nominee will be required to execute, have notarized, and return a Grant Award Acknowledgment and Agreement, and any other documentation required by the Foundation within three (3) days of the date of issuance. A disqualification and Nominee Award forfeiture will result and, at the Foundation’s sole discretion and time permitting, an alternate potential Winner will be selected from among all remaining eligible Submissions received for the applicable Entry Period if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents, the Nominee Award, or Award Notification as non-deliverable or any potential Winner’s or Deserving Nominee’s noncompliance with these Official Rules may result in disqualification, Nominee Award forfeiture and, at the Foundation’s sole discretion and time permitting, may cause an alternate potential Winner to be chosen from among all remaining eligible Submissions received for the applicable Entry Period.

11. GENERAL CONDITIONS
By participating in the PBF Grant Program, each Nominator, on behalf of him/herself and the Nominee, (a) accepts and agrees to be bound by these Official Rules, including all eligibility requirements, the Major League Baseball Privacy Policy and Terms of Use; and (b) gives his/her express permission to be contacted by the Foundation and/or its representatives for PBF Grant Program administration purposes.

All applicable federal, state, and local laws and regulations apply. The Foundation’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

The MLB Entities, the Foundation, Arizona Diamondbacks, JPMorgan Chase & Co., AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District, and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the “Released Parties”) shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected submissions, for incorrect, inaccurate or incomplete entry information whether caused by a Nominator, equipment, or technical malfunction or for any human error, technical error or malfunctions.

Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with the PBF Grant Program, including, without limitation, errors or problems which may occur in connection with the offer or administration of the PBF Grant Program, the processing of Submissions, the tabulation of scores, the cancellation of games or any errors appearing in any PBF Grant Program-related materials including, but not limited to, errors in advertising, these Official Rules, the selection and announcement of Winners and/or Deserving Nominees or the distribution of the Nominee Awards. The Foundation reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the PBF Grant Program.

Released Parties make no warranties, express or implied, relative to the use or enjoyment of any Prize (or any portion thereof) including, without limitation, its quality, merchantability, or fitness for a particular purpose. By entering the PBF Grant Program or by giving Nominee Consent, each Nominator and Nominee agrees to indemnify and hold harmless and fully release the Released Parties and Facebook from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the PBF Grant Program, PBF Grant Program-related activity, Nominator’s Submission, or resulting from the acceptance, possession, quality, use or misuse of any Nominee Award.

12. INTERNET
If the PBF Grant Program is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the PBF Grant Program, the Foundation reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the PBF Grant Program, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winners and Deserving Nominees, if any, from among all eligible, non-suspect Submissions submitted up to the point of termination.

Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Submissions. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to Nominator’s or any other person’s computer related to or resulting from participation or downloading any materials in the PBF Grant Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PBF GRANT PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE PBF GRANT PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION WILL DISQUALIFY ANY PARTICIPANT 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 OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail 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 e-mail address for the domain associated with the submitted e-mail address.

In the event that the PBF Grant Program is challenged by any legal or regulatory authority, the Foundation reserves the right to discontinue or modify the PBF Grant Program, or to disqualify Nominators residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Nominators who are disqualified due to such an action.

13. DISPUTE RESOLUTION; DISCLAIMERS

As a condition of entering the PBF Grant Program or granting Nominee Consent, each participant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to the PBF Grant Program, or any Nominee Award awarded (each, a "Claim"), shall be (i) 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 (ii) settled by binding arbitration in the State of Arizona, Maricopa County 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 (b) 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, construed, and interpreted in accordance with the laws of the State of Arizona, U.S.A, applicable to contracts entered into and performed exclusively in that State.

Apple, Inc. is not a sponsor of, or responsible for conducting, the PBF Grant Program. All entry data provided via the online entry form is provided to the Foundation and/or MLB and not to Facebook. The PBF Grant Program is in no way sponsored, endorsed, or administered by, or associated with, Facebook.

The PBF Grant Program is designed to increase consumer awareness of and interest in Major League Baseball and MLB.com, the Official Site of Major League Baseball. The PBF Grant Program may not be used for, or in connection with, any form of gambling.

14. WINNERS AND DESERVING NOMINEES INFORMATION

For Winners and Deserving Nominees information, mail a request and a self-addressed, stamped envelope to be received by December 31, 2021, to: Arizona Diamondbacks Foundation Play Ball Fund Grant Program, P.O. Box 2095, Phoenix, AZ 85001.

15. SPONSOR: The sponsor of the PBF Grant Program is Arizona Diamondbacks Foundation, Inc., P.O. Box 2095, Phoenix, AZ 85001.

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