NKOTBSB Ticket Giveaway Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOTINCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. STATEMENT OF ELIGIBILITY / RELEASEOF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED OFWINNER OR PARENT/LEGAL GUARDIAN OF WINNER.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES,WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THERELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS ANDREMEDIES
ELIGIBILITY: The 2011 MLB Fan Cave Ashlyne Huff Concert Tickets Promotion(the "Promotion") is open only to legal residents of the United States who are either eighteen(18) years of age or older or whose parents/legal guardians accompany them to the Premises (asdefined below), and who are physically present at the Premises (as defined below) during thePromotion Period (as defined below). Employees, officers, and directors (and their immediatefamily members and members of the same household) of Major League Baseball Properties, Inc.("MLBP" or “Sponsor”), MLB Advanced Media, L.P. ("MLBAM"), the other MLB Entities (asdefined below), Ashlyne Huff (“Artist”), Liquid Digital Media, Endemol USA, Inc., Vornado692 Broadway, LLC, Hill Holliday LLC, The Silk Building Condominium and each of theirrespective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers,printers, advertising and promotion agencies, and any and all other companies associatedwith the Promotion, are not eligible to participate or win a Prize (defined below). The "MLBEntities" shall mean MLBP, MLBAM, the Office of the Commissioner of Baseball, its Bureaus,Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., the MajorLeague Baseball Clubs, The MLB Network, LLC, Tickets.com, Inc., SportsOnEarth, LLC andeach of their respective subsidiaries or affiliated entities, any entity which, now or in the future,controls, is controlled by, or is under common control with the Major League Baseball Clubs orthe Office of the Commissioner of Baseball, and the directors, officers, employees and agentsof the above entities. For purposes of this Promotion, immediate family members are definedas spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, childrenand grandchildren. Void outside the county listed above and where prohibited by law, rule orregulation.
PROMOTION PERIOD: The Promotion begins at 5:00 pm Eastern Time ("ET") on June 7,2011 and ends at 6:00 p.m. ET on June 7, 2011 ("Promotion Period").
HOW TO ENTER: Each attendee (“Participant”) at Artist’s 5:30 pm performance(“Performance”) at the MLB Fan Cave at 692 Broadway, New York, New York (“Premises”)on June 7, 2011 will receive one-half of a raffle ticket upon entry at the Premises. The other
halves of the raffle tickets distributed will be placed in a bucket. Artist will select a raffle ticketat random from the bucket at the end of the Performance (“Winning Raffle Ticket”). The eligibleParticipant at the Premises who presents to MLBP the matching half of the Winning RaffleTicket will be declared the Promotion winner (“Winner”). The decisions of Sponsor, includingthe interpretation of these Official Rules, are final and binding on all matters relating to thisPromotion. Those who do not follow all of the instructions or abide by these Official Rules orother instructions of Sponsor may be disqualified. Odds of winning depend on the total numberof Participants. Limit one (1) Prize.
Participants may not take actions that are negligent, injurious, or reckless in pursuit of thePrize. Participants who do not follow this rule or who otherwise participate in this Promotionin an unsportsmanlike manner will be disqualified from the Promotion. Participants are solelyresponsible for any injuries or other damages that are caused from their behavior. Participantsagree to indemnify, release, discharge, and hold harmless the Released Parties (defined below)from and against any and all claims, liability, losses damages or injuries of any kind with respectthereto.
PRIZE: The Winner will receive two (2) tickets to Artist’s June 13, 2011 performance in NewYork City; the location of the tickets is in the exclusive discretion of Ashlyne Huff and Sponsor(the “Prize”).
The approximate retail value (“ARV”) of the Prize is two hundred dollars ($200.00). ExactPrize details shall be determined in the sole discretion of Sponsor. Under no circumstances maythe Prize be offered for public sale by Winner through an online or offline ticket broker.
Winner is solely responsible for any and all applicable federal, state and local taxes (includingincome and withholding taxes on the Prize), regardless of whether the Prize, in whole or inpart, is used. The ARV of the Prize is based on available information provided to Sponsor andthe value of any Prize awarded to a Winner may be reported for tax purposes as required bylaw. The Winner may be required to provide Sponsor with a valid social security number ortax identification number before the Prize will be awarded for tax reporting purposes. An IRSForm 1099 may be issued in the name of Winners for the actual value of the Prize received.All costs and expenses associated with Prize acceptance and use not specified herein as beingprovided, including, but not limited to, lodging, transportation costs, meals, gratuities and otherexpenses incurred by accepting and/or using the Prize are the sole responsibility of the Winner.Winner agrees to comply with all applicable rules of MLBP and the Premises. Sponsor and theapplicable MLB Entities reserve the right to remove or to deny entry to a Winner who engagesin a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harassany other person at the Premises. Released Parties will not be responsible for Acts of God, actsof terrorism, civil disturbances, work stoppage or any other natural disaster outside their controlthat may cause the cancellation or postponement of the Promotion.
The Prize is non-transferable and non-assignable, with no cash redemptions, equivalents orsubstitutions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right tosubstitute the Prize (or any portion thereof) with one of comparable or greater value at its soleand absolute discretion. In the event Winner engages in behavior that (as determined by Sponsorin its sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or thatis intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right todisqualify Winner and award the Prize to an alternate Winner. All Prizes are awarded "AS IS"and without warranty of any kind, express or implied (including, without limitation, any impliedwarranty of merchantability or fitness for a particular purpose).
NOTIFICATION: Potential Winner will be notified by a Sponsor representative at thePremises that he/she is eligible to claim the Prize (the "Prize Notification"). The potentialWinner over eighteen (18) years of age or the parents/legal guardians of potential Winner whois under eighteen (18) years of age may be required to submit identification to Sponsor andmay be required to execute and return a Statement of Eligibility and Release of Liability and,unless prohibited by law, Publicity, at the Premises before claiming the Prize. Failure to submitany identification required by Sponsor or to return the required documents when requested ornoncompliance with these Official Rules may result in disqualification and Prize forfeiture and,at Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner tobe chosen. If any potential Winner is found to be ineligible, or if he or she has not compliedwith these Official Rules, or if the potential Winner cannot attend or participate in any portionof the Prize, or declines a Prize for any reason prior to award, such potential Winner may bedisqualified and an alternate potential Winner may be selected.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion,each Participant agrees to (i) be bound by these Official Rules, including all entry requirements,and (ii) waive any and all claims against the Sponsor, the MLB Entities, Ashlyne Huff, LiquidDigital Media, Endemol USA, Inc., Vornado 692 Broadway, LLC, Hill Holliday LLC, The SilkBuilding Condominium, 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 companiesassociated with the Promotion, and all of their respective officers, directors, employees, agentsand representatives (collectively, “Released Parties”) for any injury, damage or loss of any kindthat may occur, directly or indirectly, in whole or in part, from the participation in the Promotionor from the receipt or use of the Prize or any travel or activity related to the Promotion or receiptor use of the Prize (including, without limitation, any property loss, damage, personal injury ordeath caused to any person(s)). Winner, by acceptance of Prize, grants to Sponsor and eachof its respective designees the right to publicize such Winner’s name, address (city and stateof residence), photograph, voice, statements and/or other likeness and Prize information foradvertising, promotional and/or trade and/or any other purpose in any media or format nowknown or hereafter devised, throughout the world, in perpetuity, without limitation and withoutfurther compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for any error, omission,interruption, defect or delay in transmission, processing, or communication; printing,typographical or other errors appearing within these Official Rules, in any Promotion-relatedadvertisements or other materials; or any other errors, problems or difficulties of any kindwhether human, mechanical, electronic, network, computer, telephone, mail, typographical,printing or otherwise relating to or in connection with the Promotion, including, withoutlimitation, errors or difficulties which may occur in connection with the administration of thePromotion, the processing of Participants, the announcement of the Prize or in any Promotion-related materials, or the cancellation or postponement of the Promotion. Released Parties arealso not responsible for any incorrect or inaccurate information, whether caused by websiteusers, tampering, hacking, or by any equipment or programming associated with or utilizedin the Promotion. Released Parties are not responsible for injury or damage to participants' orto any other person's computer related to or resulting from participating in this Promotion ordownloading materials from or use of the website. Persons who tamper with or abuse any aspectof the Promotion or website or attempt to undermine the legitimate operation of the Promotionby cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten orharass any other Participant or Sponsor’s representatives or who are in violation of these OfficialRules, as solely determined by Sponsor, will be disqualified and all associated entries will bevoid. Any attempt to deliberately damage the content or operation of this Promotion is unlawfuland subject to legal action by the Sponsor. Sponsor shall have the sole right to disqualify anyParticipant for violation of these Official Rules or any applicable laws relating to the Promotion,and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty,guaranty or representation of any kind concerning the Prize, and (ii) disclaim any impliedwarranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute awaiver of that provision.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion(or any portion thereof) for any reason, including administration, security, fairness, judging,integrity or proper operation of the Promotion (or any portion thereof). In the event ofcancellation, Sponsor may elect to identify winners, if any, and award the prizes from amongall non-suspect, eligible entries received up to the time of such cancellation. The ReleasedParties are not responsible for the actions of Participants in connection with the Promotion,including Participants' attempts to circumvent the Official Rules or otherwise interfere with theadministration, security, fairness, integrity or proper conduct of the Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DAMAGE ANY WEBSITEASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT ORLEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OFCRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES(INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSONOR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENTPERMITTED BY LAW.
EVENT OF FORCE MAJEURE: In the event Sponsor is prevented from continuing with thePromotion by any event beyond its control, including, but not limited to, fire, torrential rain,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 Promotion by anyparty, or any federal state or local government law, order, or regulation, order of any court orjurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure"event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Promotion.
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerningthe construction, validity, interpretation and enforceability of these Official Rules or the rightsand obligations of Participants or the Released Parties in connection with the Promotion willbe 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 causethe application of any other state's laws.
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TOTHE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES,CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THEPROMOTION, 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 OBTAINANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLYWAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL ORSPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHERTHAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISEINCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FORMONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANYRIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DONOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVEMAY NOT APPLY TO YOU.
JURISDICTION/VENUE: The parties each agree to finally settle all disputes under applicableU.S. laws in the exclusive jurisdiction and venue of the courts located in the County of NewYork, state of New York.
LIST OF PROMOTION WINNER(S)/OFFICIAL RULES REQUESTS: To receive thename of the Winner, send a stamped self addressed envelope to: "2011 MLB Fan Cave AshlyneHuff Concert Tickets Promotion Winner", Major League Baseball Properties, Inc., 245 ParkAvenue, New York, NY 10167. Please indicate which Promotion winners list you are requesting.For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "2011MLB Fan Cave Ashlyne Huff Concert Tickets Promotion Official Rules," Major LeagueBaseball Properties, Inc., 245 Park Avenue, New York, NY 10167 prior to the end of thePromotion Period.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these OfficialRules or the Affidavit will not affect the validity or enforceability of any other provision. Inthe event that any provision of the Official Rules or the Affidavit is determined to be invalidor otherwise unenforceable or illegal, the other provisions will remain in effect and willbe construed in accordance with their terms as if the invalid or illegal provision were notcontained herein. Participants agree to waive any rights to claim ambiguity of these OfficialRules. Headings are solely for convenience of reference and will not be deemed to affect inany manner the meaning or intent of the documents or any provision hereof. In the event thereis a discrepancy or inconsistency between disclosures or other statements contained in anyPromotion-related materials, privacy policy or terms of use on an applicable website and/or theterms and conditions of the Official Rules, the Official Rules shall prevail, govern and controland the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Sponsor reservesthe right to modify these Official Rules for clarification purposes without materially affectingthe terms and conditions of the Promotion. In the event that the Promotion is challenged by anylegal or regulatory authority, Sponsor reserves the right to discontinue or modify the Promotion,or to disqualify participants residing in the affected geographic areas. In such event, the ReleasedParties shall have no liability to any participants who are disqualified due to such an action.
SPONSOR: The Sponsor of this Promotion is Major League Baseball Properties, Inc., 245Park Avenue, New York, NY 10167. Major League Baseball trademarks and copyrights areproprietary to the MLB Entities. All rights reserved.