NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR OPPORTUNITY TO WIN. 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.
The object of the MLB Opening Day 2021 Pick ‘Em (the "Contest") is to select every Major League Baseball ("MLB") team you think will win the MLB games scheduled for April 1, 2021 (“Opening Day 2021”). To enter, you must complete an online form by selecting, for each of the applicable fifteen (15) Opening Day 2021 games, the MLB team you think will win and answer two (2) tiebreaker questions. Your goal is to use your skill and knowledge of MLB to try to pick the winners of each applicable Opening Day 2021 game and answer the tiebreaker questions.
The Contest is open only to legal residents of the United States (including its commonwealths, territories, and possessions) and Canada (excluding the Province of Quebec) who are of legal age of majority in their jurisdictions of residence and at least eighteen (18) years of age as of the time of entry. Excluded individuals may play, but WILL NOT be eligible to receive any prize. Void in the Province of Quebec and where prohibited by law, rule, or regulation. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (for example, government-issued photo identification) for verification purposes. Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
Employees, officers, and directors and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and any person residing in their same households (whether or not related) of the MLB Entities (defined below), loanDepot.com, LLC, each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies which are at any time during the Entry Period (defined below) associated with the Contest are not eligible to participate or win. The "MLB Entities" shall mean MLB Advanced Media, L.P. ("Sponsor,"), the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, 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 Contest is subject to all applicable federal, state, territory, provincial, and local laws, rules, and regulations.
How to Enter
The Contest entry period begins at 11:00 a.m. Eastern Time ("ET") on March 18, 2021, and ends at 1:00 pm ET on April 1, 2021 (the "Entry Period"). Online entry only. No other method of entry will be accepted. Limit one (1) entry per person and per valid email address. If you submit more than one (1) entry, the entry you submitted nearest to the close of the Entry Period will be considered your one (1) valid entry. In other words, the last entry you submit prior to the close of the Entry Period is the only valid entry for the Contest; any other entry you submit is void. No entry may be revised after the close of the Entry Period.
By participating in the Contest, each participant agrees that Sponsor will solely resolve any disputes and rules violations that arise in connection with the Contest. Sponsor’s computer shall be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects. Any participant involved in collusion or cheating, as determined by Sponsor in its sole discretion, will be subject to disqualification from the Contest, without limitation to any other rights or remedies available to Sponsor. If you have any questions regarding the Contest, please send an email to MLB Customer Service ([email protected])
Eligible MLB Games
If, for any reason, any Opening Day 2021 game is rescheduled (i.e., for a different day), is cancelled, is not completed by 9:00 a.m. ET on April 2, 2021, or is not deemed an “official game,” such game will not be factored into the scoring of the Contest. An MLB game is deemed an “official game” once the visiting team has made fifteen (15) outs (i.e., completed five (5) innings) and the home team is leading, or once the home team has made fifteen (15) outs regardless of score.
Each correct prediction regarding the winner of an Opening Day 2021 matchup is worth ten (10) points. The “Max Score” is the maximum number of points available for any Contest entry.
• If all fifteen (15) applicable Opening Day 2021 games are deemed official and completed by 9:00 a.m. ET on April 2, 2021, the Max Score is one hundred fifty (150) points.
• If fourteen (14) of the fifteen (15) applicable Opening Day 2021 games are deemed official and completed by 9:00 a.m. ET on April 2, 2021, the Max Score is one hundred forty (140) points.
• If thirteen (13) of the fifteen (15) applicable Opening Day 2021 games are deemed official and completed by 9:00 a.m. ET on April 2, 2021, the Max Score is one hundred thirty (130) points.
• And so on, provided however that, as described below, the Grand Prize will be awarded only if the Max Score is at least one hundred twenty (120) points.
The eligible participant who receives at least one hundred twenty (120) points and the Max Score based on the results of his/her entry, as determined by Sponsor in its sole discretion based on official results, will be deemed the winner of the Contest and Grand Prize (as defined below), subject to verification of eligibility and full compliance with the terms of these Official Rules. In the event of a tie, the tiebreaker questions will be used to determine the winner, as described below. IF THE MAX SCORE IS LESS THAN ONE HUNDRED TWENTY (120) POINTS, THE GRAND PRIZE WILL NOT BE AWARDED. IF NO ELIGIBLE PARTICIPANT RECEIVES THE MAX SCORE, THE GRAND PRIZE WILL NOT BE AWARDED.
- “Tiebreaker One” will be applied first. The entrant coming closest to predicting the total number of home runs recorded during all Opening Day 2021 games which are deemed official and completed by 9:00 a.m. ET on April 2, 2021 will be deemed the winner of Tiebreaker One. For the avoidance of doubt, it does not matter if the prediction is above or below the total number of home runs recorded. For example, if 50 home runs are recorded, and one (1) tied participant predicted 48 and the other tied participant predicted 51, the participant who predicted 51 would be deemed the winner of Tiebreaker One.
- If there is still a tie after Tiebreaker One is applied, “Tiebreaker Two” will be applied. The participant coming closest to predicting the total number of runs scored during all Opening Day 2021 games which are deemed official and completed by 9:00 a.m. ET on April 2, 2021 will be deemed the winner of Tiebreaker Two. For the avoidance of doubt, it does not matter if the prediction is above or below the total number of runs scored. For example, if 100 runs are scored, and one (1) tied participant predicted 99 and the other tied participant predicted 103, the participant who predicted 99 would be deemed the winner of Tiebreaker Two.
- In the event that the tie is still not broken after applying the two (2) tiebreakers above, the Grand Prize will be divided equally among all tied, eligible participants.
For purposes of the Contest, home run and run totals will not be updated to reflect any official MLB statistics changes or corrections that occur after 9:00 a.m. ET on April 2, 2021. Accordingly, any such changes or corrections will not result in recalculating tiebreakers in the Contest.
One (1) Grand Prize -- GRAND PRIZE WILL ONLY BE AWARDED IF THE MAX SCORE IS EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY (120) POINTS AND AN ELIGIBLE PARTICIPANT RECEIVES THE MAX SCORE, AS DETERMINED BY SPONSOR, IN ACCORDANCE WITH THESE OFFICIAL RULES. IN NO EVENT WILL MORE THAN ONE (1) GRAND PRIZE BE AWARDED**.**
The winner, if any, will receive $200,000 (the "Grand Prize"). Approximate Retail Value of the Grand Prize: USD$200,000. The Grand Prize will be awarded in the form of a check in U.S. dollars as one (1) lump sum.
Grand Prize Conditions
Grand Prize 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 prize acceptance and use which are not specifically included in the prize description above are the sole responsibility of the winner. The Grand 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 Grand Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
The potential winner will be notified on or about April 15, 2021 by email and/or telephone (in Sponsor’s discretion) and may (in Sponsor's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event the potential winner does not respond to any such Prize Notification within five (5) calendar days of the date of issuance or declines the prize for any reason, a disqualification will result and the prize will be forfeited. The potential winner will be required to submit his/her valid social security number and/or other identification to Sponsor and will receive an IRS Form 1099 for any prize valued at $600 or greater. The potential winner will be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, or the return of Prize Notification or of the prize (or any portion thereof) as non-deliverable may result in the potential winner’s disqualification and prize forfeiture. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner.
Each participant agrees to allow Sponsor and its designees to use his/her name and likeness in any and all media or format now or hereafter known for advertising and publicity purposes throughout the world in perpetuity, without any compensation, notification, or permission, unless prohibited by law. All applicable federal, state, territory, provincial, and local laws, rules, and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The MLB Entities, Apple., Inc., loanDepot.com, LLC, and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees, advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives, and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected selections or entries or 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.
MLB game dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Club and may be subject to change. The Released Parties 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.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human, or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, selections or entries, the tabulation of scores, the cancellation of games, or any errors appearing in any Contest related-materials, including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of the prize winner, or the distribution of the prize. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
The 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. By participating in the Contest, each participant agrees to indemnify, hold harmless, and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action, and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, participant's entry, or resulting from the acceptance, possession, quality, use, or misuse of any prize (or any portion thereof), including any travel or any activity related thereto.
Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) in the event Sponsor is prevented from executing the Contest as contemplated herein by any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor also reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Contest.
The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) lines, computer systems, servers, or providers; malfunctions of or problems with computer equipment, software, wireless devices, wireless service, cellular tower equipment, or email; failure of entry to be received on account of technical problems or traffic congestion on the Internet or at any website; wireless service congestion; or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR AND/OR ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a 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. "Authorized Account Holder" is defined as the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participants who are disqualified due to such an action.
Arbitration; Class Action Waiver
As a condition of entering this Contest, each entrant agrees that (A) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Contest 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 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. For New Jersey residents, the limitations set forth above are inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. 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.
For winner information (available approximately April 20, 2021 and for 90 days thereafter), visit https://www.mlb.com/opening-day-pick-em/winner.
The Sponsor of this Contest is MLB Advanced Media, L.P., 1271 Avenue of the Americas, New York, NY 10020.
This Contest is a skill contest designed to increase consumer awareness of and interest in MLB. This Contest may not be used for, or in connection with, any form of gambling.
© 2021 MLB Advanced Media, L.P. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.
All information submitted by participants in connection with this Contest is provided to Sponsor. Apple is not a participant in or sponsor of this promotion.