Rules of the Game for the official MLB Network Facebook, Twitter and Instagram pages
By posting, re-posting, or submitting User Content to MLBN Social Media ("Posting"), you agree that we can use the User Content in part or in full -- including any names, voices, images and performances contained in that User Content -- for any purpose. Further, by Posting, you grant the us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable and transferable worldwide license in any and all media (now known or hereafter devised) to use, reproduce, distribute, display, perform, modify and create derivative works based upon the User Content for any purpose, including advertising and promotion, without notice, attribution or payment. You also waive any moral rights associated with the User Content. You certify that you are the original author, creator, or owner of User Content, and that you have the right to Post it. You also certify that you have acquired and hereby grant us all necessary rights for to depict anyone who appears in the User Content, and that our use of the User Content in accordance with this license will not violate or infringe upon anyone else's rights.
For the avoidance of doubt, we make no representation that we monitor all User Content. We reserve the right to reject or remove any User Content that we, in our sole discretion, seeks to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
- Upload or attach files that contain software or other material for which you do not own or have the express right to use.
- Upload or attach files that contain viruses, corrupted files, spyware or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
We reserve the right to modify these Rules from time to time. These Rules are governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence.
Official Twitter and Instagram Giveaway Rules for @MLBNetwork
By participating in a Twitter and/or Instagram Giveaway (a "Promotion") promoted by @MLBNetwork (collectively the "MLB Network Account"), you agree to these Official Twitter and Instagram Giveaway Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as "you" or "Participant".
The details and requirements for entry or participation in any Promotion shall be provided by the MLB Network Account from time to time, in the discretion of the MLB Network Account. Participants must follow the directions provided by the MLB Network Account and otherwise be bound by and follow these Official Twitter and Instagram Giveaway Rules to be eligible to receive a prize in connection with any Promotion.
To be eligible you must be: (a) a legal U.S. resident, and (b) be at least 18 years of age (or legal age of majority in your state) to participate in a Promotion. A Participant must be a follower of the MLB Network Twitter and/or Instagram account announcing the Promotion to be eligible to participate. Employees, officers, directors, representatives and agents of any Released Parties (defined below) and each of their respective parents, subsidiaries & affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. The MLB Network Account will determine giveaway recipients in its sole and absolute discretion. If you have received a prize in connection with a Promotion in the last 30 days, you're not eligible. If a Promotion prize recipient is determined to be ineligible, the MLB Network Account may, in its sole and absolute discretion, not give away the goods or may give the goods to the next eligible follower. You will be required to privately (through direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize, if you are selected as a Promotion prize recipient. Except for Winner Information (defined below), the MLB Network Account will not keep or store your information or use it for any purpose other than sending your giveaway item(s) or providing you information on receiving the item(s). Promotions are subject to all applicable federal, state and local laws, rules or regulations and these Official Twitter and Instagram Giveaway Rules.
For and in consideration of being a Participant in the Promotion and other good and valuable consideration, the receipt of which you hereby acknowledge, you hereby confirm that any and all materials submitted by you in connection with the Promotion including, without limitation, any photographs, music and/or videos, are and/or were created for the MLB Network Account and shall constitute "works made for hire" (as defined under the U.S. Copyright Act of 1976 and for the purpose of all other copyright laws throughout the world) and that the MLB Network Account shall be considered the author thereof and shall own all rights (under copyright and otherwise) in and to any and all such materials throughout the universe, in perpetuity, with all right to make such changes in, and such uses and exploitations thereof, for all media now known and hereafter devised, as the MLB Network Account may determine in its sole discretion (including without limitation the right to refrain from doing so). If it is determined that any such materials do not qualify as "works made for hire," then you hereby irrevocably assign, transfer and convey such materials to the MLB Network Account to the full extent had they so qualified.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for any and all applicable federal, state and local taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The ARV (approximate retail value) of any prize is based on available information provided to the MLB Network Account and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agree to (i) be bound by these Official Twitter and Instagram Giveaway Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., BAMTech, LLC, Major League Baseball Properties, Inc., the Major League Baseball Clubs, The MLB Network, LLC, The MLB Network, Inc., MLB Network Holdings, LLC, each of their respective subsidiaries or affiliated entities, and any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the above entities (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winning Participant, by acceptance of prize, grants to MLB Network and its designees the right to publicize his/her name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") 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. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Major League Baseball game, event and exhibition ticket(s) awarded as prizes are subject to additional terms and conditions stated on such ticket(s) and may not be resold or 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 or exhibition ticket(s). In the event that the game, event or exhibition does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, no other or additional compensation will be awarded.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Twitter and Instagram Giveaway Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.