#DbacksFanFest Sweepstakes (The “Sweepstakes”) Official Rules
NO PURCHASE 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 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 Arizona who are eighteen (18) years of age or older with a valid email address 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 AZPB Limited Partnership, dba Arizona Diamondbacks (“Sponsor”), the other 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 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. (“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 Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
HOW TO ENTER: The Sweepstakes begins at 10:00 AM Mountain Standard Time Mountain Time (“MST”) on February 15, 2020, and ends at 11:59 PM MST on February 16, 2020 (“Entry Period”). You may enter the Sweepstakes in one (1) of the two (2) following ways: online via Instagram or email. No other method of entry will be accepted. Limit eight (8) entries per person/Instagram account/email address/household, regardless of method of entry; provided, however, there is a limit of one (1) entry per Item for entries submitted via Instagram. Additional entries beyond the specified limit will be void.
a. Online Via Instagram Method: To enter, you must (i) have a valid, public Instagram account and be a follower of the official Instagram account of @dbacks, and (ii) create and, from your Instagram account, post an original photo from the 2020 D-backs Fan Fest at Chase Field that depicts one (1) of the following (each an “Item”): (1) a selfie of you with a current or former Arizona Diamondbacks player; (2) the D-backs Stage Show; (3) you sitting at the FOX Sports Arizona pre/postgame desk; (4) the On-Trac bullpen cart; (5) the inside of the D-backs clubhouse; (6) you playing catch on the field; (7) the D-backs 20th Anniversary experience; (8) a selfie of you with D. Baxter the Bobcat (each “Submission”) via your public Instagram account and include the hashtag #DbacksFanFest (the “Hashtag”), pursuant to the (1) Content Restrictions (as set forth in the Content Restrictions section below), and (2) the Instagram Terms of Use available at help.instagram.com. Only publicly viewable images of an Item on Instagram containing the Hashtag will be considered valid entries. All information submitted online via Instagram is subject to, and will be treated in a manner consistent with, the Instagram Terms of Use and Privacy Policy available at help.instagram.com. If you do not have an Instagram account, visit Instagram.com or download the free Instagram application and register in accordance with the enrollment instructions for a free Instagram account. Data and usage fees may apply to the download and use of the Instagram application. By successfully completing and submitting all required information as directed to remain posted through the Drawing Date, you will be entered in the Sweepstakes. Submissions hidden or removed prior to the Drawing Date will be void. Submissions will not be judged, evaluated or otherwise used in the winner selection process (other than for purposes of verifying eligibility and compliance with these Official Rules). All information submitted online by entrants to an MLB Entity in connection with the Sweepstakes and all information submitted by entrants online via Instagram in connection with the Sweepstakes and shared with, or otherwise made available to, an MLB Entity per entrants’ Instagram account settings is subject to, and will be treated in a manner consistent with, Major League Baseball’s Privacy Policy accessible at: mlb.com/privacy. Any Submission that does not comply with the Content Restrictions or otherwise with these Official Rules, are void.
b. Email Method: If you do not wish to enter online by submitting a photo, you may enter the Sweepstakes by sending an email to instagram@dbacks.com with your full name, address, city, state and zip code, day and evening telephone numbers (including area codes), date of birth, and email address; name of Sweepstakes (“#DbacksFanFest Sweepstakes”); and the following statement: “I acknowledge that I have read, understand and agree to the Sweepstakes Official Rules”. Sponsor will use email addresses provided via the email entry method for prize notification purposes. Email entries must be received by Sponsor by 11:59 PM MST on February 16, 2020 to be eligible. Email 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 February 17, 2020 (“Drawing Date”), 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 the Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZE: One (1) Prize Will Be Awarded. The Winner will receive: one (1) autographed baseball bat signed by Jake Lamb; and four (4) tickets for winner and thee (3) guests for one (1) 2020 Arizona Diamondbacks regular season home game at Chase Field determined by Sponsor at its sole discretion (the “Prize”). (Approximate Retail Value of the Prize: $300.00.) TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. 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. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Seat locations at the game and, unless stated otherwise in the Prize description, date of 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 dates and times are determined in the sole discretion of the BOC and/or the applicable 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, 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. 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. Major League Baseball game tickets awarded as prizes may not be resold or offered for resale or used in any way for 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 tickets.
PUBLICATION, LICENSE AND RELEASE: By entering the Sweepstakes and submitting a Submission, each entrant (a) agrees that his/her Submission is an original work of authorship and that he/she owns all right, title and interest in the Submission as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Submission to submit it for possible use as provided herein; (b) agrees that his/her Submission does not violate the Major League Baseball Terms of Use accessible at mlb.com/tou or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to Sponsor, MLB and each of their respective designees the perpetual and unlimited right and license to use, license, 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 Sponsor 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 the entrant 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; and (d) release 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, 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.
CONTENT RESTRICTIONS: Entrants 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; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) 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; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) 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 Sponsor, will be disqualified.
NOTIFICATION: The potential winner will be notified via Instagram, email address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry or from which entry was submitted (the "Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within three (3) days of the date of issuance or declines the Prize for any reason, a disqualification will result, 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 may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within five (5) days of the date of issuance. 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 other MLB Entities, Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), Instagram, Inc. (“Instagram”), Apple, Inc., Maricopa County Stadium District, 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 the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLB by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsor, MLB 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.
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. 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 the 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 MLB 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 the Sweepstakes is unlawful and subject to legal action by Sponsor, MLB 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and MLB 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 MLB 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 THE SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE 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, 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.
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 Email Account Holder of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Email 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. In the event of dispute as to the identity or eligibility of any potential winner based on an Instagram account, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram account that submitted the Submission at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Instagram Account Holder" is defined as the natural person assigned to an Instagram account by Instagram.
As a condition of entering the Sweepstakes, each entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to the 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 Maricopa County, Arizona 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 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 Sweepstakes. All entry data provided online is provided to Sponsor and/or MLB and not to Facebook, Twitter or Instagram. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates.
WINNER’S LIST: For the Winner’s name, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days of the Drawing Date to #DbacksFanFest Sweepstakes Winner’s List c/o AZPB Limited Partnership, dba Arizona Diamondbacks; 401 E. Jefferson Street, Phoenix, AZ 85004.
SPONSOR: The Sponsor of the Sweepstakes is AZPB Limited Partnership, dba Arizona Diamondbacks; 401 E. Jefferson Street, Phoenix, AZ 85004.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.