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Arizona Diamondbacks Swing For Your Seats Promotion Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility. The Arizona Diamondbacks Swing For Your Seats Promotion (“Promotion”) is open only to 2021 Arizona Diamondbacks full, half, weekend, and series Season Ticket (“Eligible Plan(s)”) accounts and individual account holders, who are legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as “states”) eighteen (18) years of age or older (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 (“Eligible Entrants”). Employees, partners, officers, and directors (and their immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and any person residing in their same households, whether or not related) of AZPB Limited Partnership (dba the “Arizona Diamondbacks”), AZPB REM Limited Partnership, AZPB FM Limited Partnership, Maricopa County Stadium District, the MLB Entities (defined below), any participating sponsors or prize providers, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Promotion are not eligible to participate or win a Prize. 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. Void where prohibited or restricted by law, rule or regulation. An Eligible Entrant who is an Ineligible Batter (defined below) must designate a Pinch Hitter (defined below) to take At-Bat on his/her behalf. Ticket brokers/re-sellers, as defined by the Arizona Diamondbacks in its sole and absolute discretion, are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws, rules, and regulations. Void where prohibited or restricted by law, rule, or regulation. All decisions by the Arizona Diamondbacks regarding Promotion eligibility are final.

2. How to Register. NO MORE THAN ONE (1) REGISTRATION PER ELIGIBLE ENTRANT. MULTIPLE REGISTRATIONS SHALL RESULT IN A FORFEIT OF ALL REGISTRATIONS. The registration period begins on September 15, 2021, at 10:00 a.m. Mountain Standard Time (“MST”), and ends on September 17, 2021, at 12:00 p.m. MST (“Registration Period”). There are two (2) ways to register:

A. Automatic Entry. All Eligible Entrants who renew their Eligible Plans for the 2022 Arizona Diamondbacks regular season during the Registration Period will automatically receive an e-mail from the Arizona Diamondbacks with instructions for an online form for participating in the Promotion. Upon timely completion of the online form (as stated in the instructions), such Eligible Entrant will be designated as a Promotion participant (“Participant”). Eligible Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate online forms are void.

B. Email Method. To enter via email, send an email with “Swing For Your Seats” in the subject line to [email protected] and include in the body of such email all of the following information: your full name, Eligible Plan account number, street address, city, state, zip code, day and evening telephone numbers (including area codes), date of birth, and the following statement: “I acknowledge that I have read, understand, and agree to the Swing for Your Seats Official Rules.” Incomplete and/or inaccurate entries are void. Eligible Entrants will receive an e-mail from the Arizona Diamondbacks with instructions for an online form for participating in the Promotion. Upon timely completion of the online form (as stated in the instructions), such Eligible Entrant will be designated as a Promotion Participant. Email entries must include be received by the close of the Entry Period.

All information submitted online by Eligible Entrants 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.

3. Swing For Your Seats. On September 18, 2021, each Participant will have the opportunity to step into the batter’s box at Chase Field in Phoenix, Arizona (“Promotion Event”) for one (1) “At-Bat” which will consist of five (5) pitched balls, regardless of whether a Participant swings. Baseballs will be pitched by an automatic pitching machine at a height, speed, and interval to be determined by the Arizona Diamondbacks in its sole and absolute discretion. A Participant is permitted to designate a proxy to take the At-Bat on behalf of the Participant (“Pinch Hitter”). The Pinch Hitter must meet all of the eligibility requirements of an Eligible Entrant, except that the Pinch Hitter is not required to be an Eligible Plan account holder in order to take the At-Bat. For the purposes of these Official Rules, each Pinch Hitter shall be considered a Participant, provided that only the Eligible Plan account holder can be designated as a Winner. *The following persons are NOT eligible to take an At-Bat: (a) current or former professional baseball or softball players, which includes individuals who are or were on the roster of a Major League, minor league, or independent league team at any time; and (b) recent collegiate baseball or softball players, which includes individuals who are or were on the roster of a collegiate team (at any level) after 2014 (“Ineligible Batter(s)”). A Pinch Hitter may only participate in the Promotion Event on behalf of one (1) Participant and cannot participate for any other Eligible Entrant, including the Pinch Hitter him/herself. If a Participant cannot or does not attend the Promotion Event for any reason, such Participant shall be deemed to have forfeited his/her opportunity to take an At-Bat.

4. At-Bat Conditions. Participants must present valid identification on the day of the Promotion Event in order to participate. All Participants must sign a waiver prior to entering the batter’s box, wear a batting helmet, and use a baseball bat provided by the Arizona Diamondbacks. The exact time, order, nature, and duration of the Promotion Event shall be determined by the Arizona Diamondbacks in its sole and absolute discretion. Transportation to/from Chase Field, parking, and lodging are not included and are the responsibility of each Participant. Each Participant agrees to comply with all applicable ballpark regulations in connection with his/her participation in the Promotion Event. The Arizona Diamondbacks reserves the right to remove or to deny entry to any Participant who engages in a non-sportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person at the Promotion Event. The Arizona Diamondbacks and other MLB Entities will not be responsible for Participants missing the Promotion Event for any reason or for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppage, or any other natural disaster outside its control that may cause the cancellation or postponement of the Promotion Event. The Arizona Diamondbacks, in its sole and absolute discretion, shall determine whether conditions (weather or otherwise) at Chase Field on the date the Promotion Event is held are suitable for the Promotion to begin and/or continue to its conclusion.

5. Winners.

A. Home Run Winner. A Participant who hits a pitched ball over the outfield wall of Chase Field, in fair territory, without first bouncing on the field or foul territory (a “Home Run”) during his/her At-Bat (or the Eligible Participant for whom such Participant is batting) will be declared a “Home Run Winner”. The ultimate determination of whether a hit constitutes a Home Run shall be made by the Arizona Diamondbacks, in its sole and absolute discretion.

B. Wall Winner. A Participant who hits a pitched ball onto the outfield wall of Chase Field, in fair territory, without first bouncing on the field or foul territory, during his/her At-Bat (or the Eligible Participant for whom such Participant is batting) will receive one (1) entry in the Wall Prize drawing. Upon the conclusion of the Promotion (after the second day of the Promotion Event), up to five (5) eligible Participants will be randomly selected to be declared a “Wall Winner”, provided that such Participant is not also a Home Run Winner, or Infield Target Winner.

C. Infield Target Winner. The Arizona Diamondbacks shall place targets on the Chase Field playing field (“Targets”). The size and placement of the Targets shall be determined by the Arizona Diamondbacks in its sole and absolute discretion. A Participant who hits a pitched ball, without first bouncing on the field or foul territory, during his/her At-Bat to a Target in the infield without aid of or interference by any person or object (or the Eligible Participant for whom such Participant is batting) will be declared an “Infield Target Winner”, provided that such Participant is not also a Home Run Winner or Wall Winner.

A Home Run Winner, Wall Winner, and Infield Target Winner are each referred to herein as a “Winner”. The highest valued Prize earned during the At-Bat shall be awarded to the Winner. The ultimate determination of whether a Participant qualifies as a Winner shall be made by the Arizona Diamondbacks in its sole and absolute discretion.

6. Prizes.

A. Home Run Prize. Each Home Run Winner’s Eligible Plan account will receive a credit reflecting the full purchase price of a renewed season ticket package (“Home Run Prize”) for the 2022 Arizona Diamondbacks regular season, equivalent to such Home Run Winner’s 2021 Eligible Plan, up to $10,000.00. The value of such Eligible Plan does not include any Postseason tickets. Approximate retail value (“ARV”) for each Home Run Prize: Up to $10,000.00. There is no limitation on the number of Home Run Prizes that may be awarded, but for the avoidance of doubt, no more than one (1) per Eligible Entrant.

B. Wall Prize. Each Wall Winner’s season ticket holder account will receive one (1) of the following prizes (each a “Wall Prize”): (1) the use of one (1) D-backs suite for one (1) 2022 Arizona Diamondbacks regular season home game (includes tickets for up to eighteen (18) people and three (3) parking passes for the Chase Field garage for the day of the game), the specific date of which will be based on availability and in the Arizona Diamondbacks’ sole and absolute discretion. ARV of option 1: $2,500.00; or (2) one (1) Jefferson Street Garage 2022 Arizona Diamondbacks regular season parking pass. ARV for option 2: $996.00. Only five (5) Wall Prizes will be awarded.

C. Infield Target Winner Prize. Each Infield Target Winner will receive one (1) Arizona Diamondbacks D-bucks card (“Infield Target Prize”). ARV for each Infield Target Prize: $25.00.

A Home Run Prize, Wall Prize, and Infield Target Prize are each referred to herein as a “Prize”. Limit one (1) Prize per Participant.

7. Prize Conditions. All Prize details shall be determined in the sole and absolute discretion of the Arizona Diamondbacks. Each 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 Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and any and all other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. Prizes are non-transferable and non-assignable, with no cash redemptions. TRANSPORTATION AND LODGING NOT INCLUDED. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the applicable prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played, or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, 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/exhibition ticket.

8. Waiver of Liability/Publicity Release. By participating in the Promotion and submitting a registration, and taking an At-Bat, each Participant agrees to (a) be bound by these Official Rules, including all entry requirements; and (b) waive any and all claims against the Arizona Diamondbacks, the other MLB Entities 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 Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any death, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion 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) (collectively, “Claims”). By entering the Promotion, each Participant gives his/her express permission to be contacted by the Arizona Diamondbacks by telephone, e-mail and/or postal mail for Promotion purposes. By participating in the Promotion, each Winner grants to the Arizona Diamondbacks and its designees and the MLB Entities the right to publicize such 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.

9. General Conditions.

A. Release of Liability. Released Parties shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate, or incomplete entry information whether caused by a Participant, 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 Promotion, including, without limitation, errors or problems which may occur in connection with the offer or administration of the Promotion, the processing of entries, any errors appearing in any Promotion related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the Winners, or the distribution of the Prizes. The Arizona Diamondbacks reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.

B. No Warranties. 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.

C. Indemnification. By entering, or participating on behalf of an Eligible Entrant in, the Promotion, each Participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all Claims. For the avoidance of any doubt, by participating in the Promotion, each Participant agrees to indemnify and hold harmless and fully release the Released Parties from any and all liability for any injuries, losses, death, damages, fees, expenses, and costs (including reasonable attorneys’ fees and expenses) resulting from any actual or alleged Claim made, or action or suit instituted, by any Participant arising out of or related to any right of publicity, right of privacy, or other proprietary right of Participant.

D. Dispute Resolution. In the event that the Promotion is challenged by any legal or regulatory authority, the Arizona Diamondbacks reserves the right to discontinue or modify the Promotion, or to disqualify Participants. In such event, the Released Parties shall have no liability to any Participant who is disqualified due to such an action. As a condition of entering the Promotion, each Participant agrees that (i) any and all Claims shall be: (a) 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 (b) 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 a Participant be permitted to obtain awards for, and participant 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, applicable to contracts entered into and performed exclusively in that State.

10. Winners List. Winners list will be available on www.dbacks.com/easypay. To receive a Winners list, send a self-addressed stamped envelope to Swing For Your Seats Winners List, Attn: Season Ticket Experience, 401 E. Jefferson Street, Phoenix, Arizona 85004, before December 31, 2021.

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