1. Eligibility. To participate in the Baltimore Orioles Swing For Your Seats Promotion ("Promotion") a person must (a) be of legal age of majority in his/her jurisdiction (and at least 18 years of age); (b) purchased a 2018 Baltimore Orioles full (81-game) regular season ticket plan and renewed such plan for the Baltimore Orioles 2018 regular season on or before 5:00 PM Eastern Time ("ET") on April 9, 2018 ("Eligible Package"); and (c) register for the Promotion in accordance with Section 2 below ("Eligible Participant"). Employees, officers, owners, 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 Baltimore Orioles Limited Partnership (the "Orioles"), the other 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 Promotion are not eligible to participate in this Promotion in any way (as an Eligible Participant, Participant, Proxy, or otherwise). 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 Promotion is subject to all applicable federal, state, and local laws, rules, and regulations. Void where prohibited.
3. Swing For Your Seats. On April 14, 2018 ("Date of the Promotion"), each Participant will have the opportunity to step into the batter's box for one (1) Turn at Oriole Park at Camden Yards ("Opportunity"). While all Participants should reserve their time slot online, the Orioles, in its sole discretion, shall determine the exact time of the Turn. A "Turn" means a maximum of three (3) pitched baseballs to Participant, regardless of whether such Participant swings at any or all such pitches, by an automatic pitching machine at a height, speed, and interval to be determined by the Orioles at its sole discretion.
4. Turn Conditions. Participants must present valid identification on the Date of the Promotion in order to participate. All Participants must sign a waiver prior to entering the batter's box and must wear a batting helmet and use a baseball bat provided by the Orioles. The exact time, order, nature, and duration of Turns shall be determined by the Orioles at its sole discretion. Transportation to/from Oriole Park at Camden Yards and parking and lodging are not included and are the responsibility of each Participant. Each Participant agrees to comply with all applicable Orioles and ballpark regulations in connection with the Promotion. The Orioles and the applicable other MLB Entities reserve the right to remove or to deny entry to any Participant who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the Promotion event. The Orioles and the other MLB Entities will not be responsible for Participants missing their Turn or any reason or 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 the Turn.
5. A Winning Swing. Any Purchaser Participant who, during his or her Turn, hits a Home Run will be declared a winner of the Promotion ("Winner"). If a Proxy hits a Home Run during his or her Turn, the Eligible Participant that designated such Proxy shall be deemed a Winner. No Proxy is eligible to win or claim a Prize. A "Home Run" shall occur when the baseball is hit over the outfield fence of Oriole Park at Camden Yards, in fair territory, without bouncing on the field. The ultimate determination of whether a hit constitutes a Home Run shall be made by the Orioles, in its sole and absolute discretion.
6. Prizes. Each Winner who hits a Home Run will receive the lesser of: (i) a credit reflecting the full purchase price of his or her Eligible Package; or (ii) a ten thousand dollar ($10,000) credit to be deducted from the full purchase price of his or her Eligible Package (each, a "Prize"). The approximate retail value of each Prize is dependent upon the purchase price of the Winner's Eligible Package (maximum of $10,000). For avoidance of doubt, Eligible Packages, and thus the full payment amount of an Eligible Package for determining the value of a Prize, do not include any Postseason tickets or tickets for any MLB Jewel Events. Limit one (1) Prize per Eligible Participant.
7. Prize Conditions. All Prize details shall be determined in the sole and absolute discretion of the Orioles. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). In order to claim a Prize, each Winner must complete and sign the Affidavit, Prize Claim, and Release and complete and sign all applicable tax forms. All costs and expenses associated with 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 a Prize, are the sole responsibility of each individual Winner. All Prizes are non-transferable and non-assignable, except at the Orioles' sole and absolute discretion. The Orioles reserve the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM ORIOLE PARK AT CAMDEN YARDS, PARKING, AND LODGING NOT INCLUDED.
8. Waiver of Liability/Publicity Release. By participating in the Promotion, whether as an Eligible Participant/Purchaser Participant or a Proxy, each Participants agrees to (a) be bound by these Official Rules; and (b) waive any and all claims against the Orioles, the other MLB Entities, 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 Promotion, and all of their respective officers, directors, employees, agents and representatives, as well as the City of Baltimore and the Baltimore City County (collectively, "Released Parties") for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from his or her participation in the Promotion or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the Turn or receipt or use of any Prize (or any portion thereof). By registering for this Promotion, each Participant gives his or her express permission to be contacted by the Orioles and/or MLBAM by telephone, email, and/or postal mail for Promotion purposes. Each Winner, by acceptance of a Prize, grants to the Orioles, MLBAM, and each of their respective designees the right to publicize such 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.
9. General Terms. Released Parties are not responsible for: (a) late, incomplete, inaccurate, delayed, undelivered transmissions, email, or mail; (b) 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, or wireless service congestion; (c) failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; (d) any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; (e) non-delivery, misdirected, blocked, or delayed email notifications; (f) printing, typographical, or other errors appearing within these Official Rules, in any Promotion-related advertisements, or other materials; or (g) 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, or the cancellation or postponement of any Turns. Persons who tamper with or abuse any aspect of the Promotion or attempt to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other entrant or any representative of the Orioles or the other MLB Entities or who are in violation of these Official Rules, as solely determined by the Orioles, will be disqualified and all associated registrations will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Orioles, MLBAM, or their respective agents. The Orioles shall have the sole right to disqualify any Participant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. The Orioles' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Orioles reserve the right, in its sole discretion, to cancel or suspend the Promotion (or any portion thereof) should unauthorized human intervention or other causes corrupt administration, security, fairness, integrity, or proper operation of the Promotion (or any portion thereof). The Orioles also reserve the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ORIOLES WILL DISQUALIFY ANY REGISTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE ORIOLES, MLBAM, AND/OR 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.
As a condition of entering this Promotion, each Eligible Participant and each Participant agrees that: (i) this Release shall be governed by and construed and interpreted in accordance with the laws of the State of Maryland, without regard to applicable conflicts of laws provisions; (ii) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Promotion, or any prizes awarded shall be settled by mandatory, confidential, final, and binding arbitration in Baltimore, Maryland and administered by and in accordance with the rules of the American Arbitration Association, on an individual basis only, and shall not be consolidated or joined by or against other individuals or entities or be arbitrated as a representative member of a putative class or in a private attorney general capacity; and (iii) arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party's actual damages, except as may be required by statute.
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