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 Ohio who are eighteen (18) years of age or older 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 Kia Motors America, Inc. ("Sponsor"), the 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 Eastern Time ("ET") on September 16, 2020 and ends at 9:00 AM ET on November 2, 2020 ("Entry Period"). Online entry only. No other method of entry will be accepted. Limit one (1) entry per person/email address/household. Additional entries beyond the specified limit will be void.
During the Entry Period go to https://www.mlb.com/indians/forms/day-trip-with-the-tribe-sweepstakes and click on the Sweepstakes banners, buttons and/or links to access the online entry form for the Sweepstakes. By successfully transmitting a completed online entry form as directed, you will be entered in the Sweepstakes. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, Major League Baseball's website (MLB.com) Terms of Use accessible at: mlb.com/tou and Privacy Policy accessible at: mlb.com/privacy. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate entries are void. All online entries must include a valid email address for the entrant. Online entrants to the Sweepstakes may be given the option to receive (a) commercial email from Kia Motors America and Indians.com and/or MLB, and/or (b) mobile text messages and updates from Indians.com or MLB; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's 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 chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about November 5, 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 ("Winner"). Odds of winning depend on the total number of eligible entries received.
PRIZE: One (1) Prize will be awarded. The Winner will receive the following:
- $250 Cash
- $250 Cleveland Indians Team Shop Gift Card, subject to terms and conditions associated with its use.
- (4) Tickets for Winner and three (3) guests to watch the Cleveland Indians play in the following cities during the 2021 season (game dates to be determined by Sponsor at its sole discretion):
o Detroit
o Cincinnati - (4) VIP Tickets for Winner and three (3) guest for one (1) 2021 Cleveland Indians regular season home game to be played at Progressive Field determined by Sponsor at its sole discretion.
- The opportunity for Winner to throw out a ceremonial first pitch on the date of such determined 2021 Cleveland Indians regular season home game. Such opportunity shall be determined by Cleveland Indians and subject to availability, and the rules and regulations of Cleveland Indians.
- (4) Batting Practice Viewing Spots for Winner and three (3) guests on the date of such determined 2021 Cleveland Indians regular season home game. Such opportunity shall be determined by Cleveland Indians and subject to availability, and the rules and regulations of Cleveland Indians.
(the "Prize"). (Approximate Retail Value of the Prize: $3,200.) TRANSPORTATION TO/FROM THE GAMES, EVENTS OR EXHIBITIONS AND LODGING NOT INCLUDED.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor and/or Cleveland Indians, as applicable. 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, EVENT OR EXHIBITION AND LODGING NOT INCLUDED. Seat locations at the game and, unless otherwise stated in the Prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Award of tickets shall be conditioned upon fans being permitted to attend games in the stands during the 2021 baseball season and may be modified by the Sponsor and/or Cleveland Indians in their sole discretion. Winner's guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition 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, event or exhibition, 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, diseases, epidemic, pandemic, quarantines, governmental intervention, or any other reason. Winner and his/her guest(s) 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 guest(s) 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, event or exhibition. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, diseases, epidemic, pandemic, quarantines, governmental intervention, work stoppage or any other reason outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purposes 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 or exhibition ticket(s).
NOTIFICATION: The potential winner will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry (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, 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 (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, the MLB Entities, Facebook, Inc.,, Apple, Inc. 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 this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and the Cleveland Indians Baseball Company, LLC ("Cleveland Indians") and/or MLB by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsor, the Cleveland Indians, 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: The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. 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, event or exhibition. 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 this 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 the Cleveland Indians, 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 this Sweepstakes is unlawful and subject to legal action by Sponsor, the Cleveland Indians, 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 (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (ii) 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 THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS 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, THE CLEVELAND INDIANS, 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 Account Holder of the email 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 email address for the domain associated with the submitted email address.
As a condition of entering this Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes 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 New York County, New York before a single arbitrator appointed by the 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 (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 and construed and interpreted in accordance with the laws of the State of New York, 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 via the online entry form is provided to Sponsor, the Cleveland Indians, and/or MLB and not to Facebook, Inc. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
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 after the Drawing Date to: KIA x Indians Day Trip with the Tribe Sweepstakes Winner's List c/o Progressive Field 2401 Ontario St. Cleveland, OH 44115.
SPONSOR: The Sponsor of this Sweepstakes is Kia Motors America having offices at 111 Peters Canyon Road, Irvine, CA 92606.
The Sweepstakes is in no way sponsored, administered, executed or produced by any MLB Entity.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.