THE CLEVELAND INDIANS AND KIA ULTIMATE HOME GAME EXPERIENCE SWEEPSTAKES (THE "SWEEPSTAKES")
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.
WINNER MUST BE AVAILABLE TO ATTEND THE CLEVELAND INDIANS HOME GAME ON AUGUST 31, 2018 OR WILL OTHERWISE FORFEIT HIS/HER RIGHT TO RECEIVE THE PRIZE.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes entry period (the "Entry Period") begins at 9:00 a.m. Eastern Time ("ET") on July 9, 2018, and ends at 8:59 a.m. ET on August 19, 2018 ("Sweepstakes End Date").
PRIZE: One (1) Prize (defined below) will be awarded. The Winner will receive the following prize package: four (4) tickets for Winner and three (3) guests for one (1) Cleveland Indians 2018 regular season home game scheduled to be played at Progressive Field, Cleveland, OH on August 31, 2018; an opportunity for one (1) person to throw out a ceremonial first pitch prior to the game; one (1) night stay in a downtown Cleveland, OH hotel to be determined by Sponsors in their sole discretion (one (1) standard, quad-occupancy room); and one(1) Cleveland Indians autographed prize pack determined by the Cleveland Indians at its sole discretion (collectively, the "Prize"). TRANSPORTATION TO/FROM THE GAME NOT INCLUDED AS PART OF PRIZE. The total approximate retail value of the Prize: $1,200. The exact nature and duration of the ceremonial first pitch opportunity shall be determined by Sponsors at their sole discretion and subject to availability and the rules and regulations of Cleveland Indians.
PRIZE NOTIFICATION RESPONSE TIME: Five (5) business days from the date of issuance of Prize Notification (defined below) (the "Required Response Time").
WINNER LIST: For the Winner's name, mail a request and a self-addressed stamped envelope to be received by December 31, 2018, to: Cleveland Indians and Kia Ultimate Home Game Experience Sweepstakes Winners List c/o Cleveland Indians, 2401 Ontario Street, Cleveland, OH 44115.
SPONSORS: The sponsors of this Sweepstakes are Cleveland Indians Baseball Company, LLC ("Cleveland Indians"), 2401 Ontario Street, Cleveland, OH 44115 and Kia Motors America, Inc. 111 Peters Canyon Road, Irvine, CA 92606 ("Kia" and together with Cleveland Indians, collectively referred to herein as "Sponsors").
HOW TO ENTER: You may enter the Sweepstakes during the Entry Period in either of the two (2) ways set forth below. No other method of entry will be accepted. Limit one (1) entry per person/email address/household, regardless of method of entry. Additional entries beyond the specified limit will be void. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
2. Display Area Entry: Fully complete and submit an official entry form available at the Kia Vehicle Display Area (the "Display Area") located on the Gateway Plaza (2301 Ontario Street, Cleveland, OH 44114) at the following Cleveland Indians home games (each a "Game" and collectively, the "Games"), while supplies last:
Games Eligible for Entry:
- July 9, 2018 at 7:10pm EDT;
- July 10, 2018 at 7:10pm EDT;
- July 11, 2018 at 7:10pm EDT;
- July 12, 2018 at 7:10pm EDT:
- July 13, 2018 at 7:10pm EDT;
- July 14, 2018 at 7:15pm EDT;
- July 15, 2018 at 1:10pm EDT;
- August 3, 2018 at 7:10pm EDT;
- August 4, 2018 at 7:10pm EDT;
- August 5, 2018 at 1:10pm EDT;
- August 17, 2018 at 7:10pm EDT;
- August 18, 2018 at 4:05pm EDT;
The Display Area will be open on Game days approximately two (2) hours before the first pitch of each of the Games and will close after the final out of the bottom of the third inning (the "Open Hours"). To be eligible, entrants must fully complete all non-optional data requested on the Display Area entry form, including the entrant's first name, last name, date of birth, mailing address, phone number, vehicle of interest (optional) and purchase horizon (optional). Display Area entry form entrants may, but are not required to, provide their email address on the form. Display Area entry forms become the property of Sponsors and will not be returned. Sponsors reserve the right to limit or discontinue the Display Area entry form option at some or all Games, and reserve the right to add, change and/or discontinue the Display Area at any or all of the above listed Games, locations or times, without notice. If there is no Display Area entry form available at a Game, entrants may submit an online entry as set forth above. All Display Area entrants may be given the option to receive (a) commercial emails from Kia and/or (b) text messages (via automated technology) and voice calls (including pre-recorded messages) from Kia for marketing and other purposes, including receiving information and updates on products, services and special offers; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such emails and/or mobile text messages/voice calls and updates and consenting to receive such emails and/or mobile text messages/voice calls and updates will not impact any entrant's chances of winning. Consent is not a condition of purchase, and no purchase is necessary. Standard messaging rates apply to mobile text messages/voice calls and updates. Check with your mobile service provider for more information.
Incomplete and/or inaccurate entries are void. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively, referred to herein as "states"), and Canada (excluding the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) 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 the Sponsors, 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. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), 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, territory, provincial and local laws, rules and regulations. Void in the Province of Quebec and void where prohibited by law, rule or regulation.
RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about August 20, 2018 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 Sponsors are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZE CONDITIONS: All Prize details, including exact game date and seat locations at the game, shall be determined in the sole and absolute discretion of Sponsors. The Winner is fully responsible for any and all applicable federal, state, territory, provincial 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, transportation costs, meals, gratuities and any and all 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 Sponsors' sole and absolute discretion. Sponsors reserve the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at their sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME, EVENT OR EXHIBITION NOT INCLUDED. 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, 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 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 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. Sponsors 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, event or exhibition. 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, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as the Prize 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, event or exhibition tickets.
NOTIFICATION: The potential winner will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsors) 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 the Required Response Time, declines the Prize for any reason or, in the case of Canadian residents, incorrectly answers the skill testing question as determined by Sponsors in their sole discretion, a disqualification will result, the Prize will be forfeited and, at Sponsors' 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 Sponsors and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity (collectively, the "Affidavit"), within the Required Response Time, and in the case of Canadian residents, correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question which will be administered by Sponsors by telephone at a mutually agreeable time. Failure to submit any identification required by Sponsors 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 Sponsors' 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) release, discharge, indemnify, waive and hold harmless Sponsors, the MLB Entities, Facebook, 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") from and against any and all claims, liability, costs (including attorneys' fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) from the participation in the Sweepstakes; (ii) from the acceptance, possession, receipt, use or misuse of the Prize (or any portion thereof); (iii) any travel or activity related to the receipt or use of the Prize (or any portion thereof); (iv) the Released Parties' violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (v) any typographical, human. By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsors and/or MLBAM by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsors, MLBAM and each of their respective designees the irrevocable right and license to publicize the Winner's name, address (city and state/territory/province 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, 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 Sponsors and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsors, 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 Sponsors, MLBAM and/or their respective agents. Sponsors 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 their 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. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsors and MLBAM 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 Sponsors are prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsors' control (each a "Force Majeure" event or occurrence), Sponsors shall have the right to modify, suspend or terminate the Sweepstakes or Prize. In the event of cancellation, Sponsors 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. Sponsors and MLBAM 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. Sponsors additionally reserve the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsors' control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes ; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes ; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
CAUTION: ANY ATTEMPT TO 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, SPONSORS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSORS, MLBAM 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, computer programs, programmed, robotic 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 the Sweepstakes, each entrant gives consent for Sponsors to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsors may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner's list.
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: (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 New York County, New York 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; (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 not to exceed ten dollars ($10.00); (C) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; and (D) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Cleveland Indians and/or MLBAM and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
Kia Motors America, Inc. and its parent, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.