To participate in the Baltimore Orioles Swing For Your Seats Promotion ("Promotion") a person must:
(a) be a legal resident of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states") eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry ("Eligible Entrants"); and
(b) enter and register for the Promotion in accordance with Sections 2 and 3 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. ("MLB"), 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.
2. How To Enter.
The entry period begins at 10:00 a.m. Eastern Time (“ET”) on Monday August 30, 2021 and ends at 11:59 p.m. ET on Thursday September 30, 2021 (“Entry Period”). Enter by purchasing or renewing a 2022 Birdland Membership and paying in full, or by mail-in entry. No other method of entry will be accepted. Limit one (1) entry per person, regardless of entry method. Additional entries beyond the specified limit will be void.
- Purchase or Renew a Birdland Membership Method: During the Entry Period purchase in full or renew in full a 2022 Baltimore Orioles Birdland Membership defined as a 2022 Baltimore Orioles full season Diamond (81 games), Black (29 game), or Orange (13 games) plan (“Eligible Plan”).
- Mail-In Method: To enter via mail, please provide a letter with your full name, street address, city, state, zip code, day and evening telephone numbers (including area codes), date of birth, email address, the name “Swing For Your Seats”, and the following statement: “I acknowledge that I have read, understand, and agree to the Official Rules.” Incomplete and/or inaccurate entries are void. Mail entries must be postmarked by the close of the Entry Period and received by Sponsor by 11:59:59 p.m. on October 5, 2021, to be eligible. Mail-in entries become the property of Sponsor and will not be returned.
3. Registration Period.
All Eligible Entrants who renew and pay for their Eligible Plans in full for the 2022 Orioles regular season or purchase a new Eligible Plans and pay-in-full during the Entry Period will automatically receive an e-mail from the Orioles with instructions for an online form for participating in the Promotion. All Eligible Entrants who enter via mail-in will receive an email to the email address provided in the mail-in entry. Sponsor will send instructions for an online form for participating in the Promotion. Upon timely completion of the online form (as stated in the email instructions), such Eligible Entrant will be designated as a Promotion participant.
Eligible Entrants must fully complete and submit all non-optional data requested on the online entry forms to be eligible. Incomplete and/or inaccurate online forms are void.
The Eligible Entrants must either register himself or herself as the individual who will take his or her Turn (defined below) or designate a proxy to take his or her Turn ("Proxy" and together with Eligible Entrant, "Participant") through the registration form. A “Turn” will consist of three (3) pitched balls, regardless of whether a Participant swings. Baseballs will be pitched by an automatic pitching machine at a height, speed, and interval to be determined by the Orioles in its sole and absolute discretion. Notification will be made via email to the email address on file for the Eligible Participant. There is a limit of one (1) registration per Eligible Entrant. Note: a Proxy must be (a) of legal age of majority in his or her jurisdiction of residence (and at least eighteen (18) years of age) who granted Eligible Participant permission to designate him or her as a Proxy, or (b) the child or legal ward of Eligible Participant ("Child"). Proxy is not eligible to be a winner of any prizes as further described in Section 6 below (referenced as a Home Run Prize, Wall Prize, Outfield Target Winner Prize, or Infield Target Winner Prize) and if a Proxy is a Child, such Child must be accompanied by his or her Eligible Participant parent or legal guardian at the Turn.
The following persons are NOT eligible to take a Turn: (a) current or former professional baseball or softball players, which includes individuals who are or were on the roster of a Major League, minor league, or independent league team at any time; and (b) recent collegiate baseball or softball players, which includes individuals who are or were on the roster of a collegiate team (at any level) after 2012. The ultimate determination of whether a Participant is ineligible, and thus disqualified, shall be made by the Orioles, in its sole and absolute discretion. Limit of one (1) Turn per Participant.
4. Swing For Your Seats.
On Sunday, October 10, 2021 ("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. While all Participants should reserve their time slot online, the Orioles, in its sole discretion, shall determine the exact time of the Turn. In the event that the date is cancelled due to weather conditions, a pandemic, 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 event, the Orioles will determine a secondary date. The exact time, order, nature, and duration of Turns shall be determined by the Orioles at its sole discretion.
5. Turn Conditions.
Participants must present valid identification on the Date of the Promotion in order to participate. All Participants must sign a waiver provided by the Orioles 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, pandemic, 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.
- Home Run Prize. A Participant who hits a Home Run during his/her official Turn, he/she will be declared a Home Prize Winner (each a “Home Run Prize Winner” and collectively, the “Home Run Prize Winners”). A “Home Run” shall occur when the baseball is hit over the outfield wall of Oriole Park at Camden Yards, in fair territory, without first bouncing on the field or foul territory during the official Promotion Turn. The ultimate determination of whether a hit constitutes a Home Run shall be made by the Orioles, in its sole and absolute discretion.
“Home Run Prize Winners” will receive the lesser of: (i) a credit reflecting the full purchase price of his or her Eligible Plan; or (ii) a ten-thousand-dollar ($10,000) credit to be deducted from the full purchase price of his or her Eligible Plan for those who entered via purchase or renewal, or a ten-thousand dollar ($10,000) credit towards a future 2022 Birdland Membership Plan for those who entered via mail-in (each, a "Home Run Prize"). The approximate retail value of each Prize is ten thousand ($10,000) dollars (maximum of $10,000). For avoidance of doubt, Eligible Plans, and thus the full payment amount of an Eligible Plan 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.
- Wall Prize. A Participant who hits a pitched ball onto the outfield wall of Oriole Park at Camden Yards, in fair territory, without first bouncing on the field or foul territory, during his/her Turn (or the Eligible Participant for whom such Participant is batting) will receive fourteen (14) Orioles Suite tickets to one (1) 2022 Orioles regular season home game ("Wall Prize"), the specific date of which will be based on availability and in the Orioles' sole and absolute discretion. Such Wall Prize will include four (4) parking passes at Oriole Park. Food and beverage not included. Transportation not included. ARV for each Wall Prize: $1,000.00.
- Outfield Target Winner Prize. The Orioles shall place targets on the Oriole Park at Camden Yards outfield ("Outfield Targets"). The size and placement of the Outfield Targets shall be determined by the Orioles in its sole and absolute discretion. A Participant who hits a pitched ball, without first bouncing on the field or foul territory, during his/her Turn to an Outfield Target without aid of or interference by any person or object (or the Eligible Participant for whom such Participant is batting) will be declared an "Outfield Target Winner", provided that such Participant is not also a Home Run Winner or Wall Winner.). Each Target Winner will receive one will receive (2) two Exclusively Orioles 2022 regular season tickets at Oriole Park at Camden Yards (subject to availability, excludes Opening Day). Transportation not included. The specific date of which will be based on availability and in the Orioles' sole and absolute discretion. ARV for each Outfield Target Prize: $200.00
- Infield Target Winner Prize. The Orioles shall place targets on the Oriole Park at Camden Yards infield ("Infield Targets"). The size and placement of the Infield Targets shall be determined by the Orioles in its sole and absolute discretion. A Participant who hits a pitched ball, without first bouncing on the field or foul territory, during his/her Turn to an Infield Target without aid of or interference by any person or object (or the Eligible Participant for whom such Participant is batting) will be declared an "Infield Target Winner", provided that such Participant is not also a Home Run Winner, Wall Winner, or Outfield Target Winner. Each Infield Target Winner will receive one (1) Orioles-branded gift bag that includes five (5) past promotional items and one (1) autographed Orioles item ("Infield Target Prize"). The specific promotional item of each Infield Target Prize shall be determined in the Orioles’ sole and absolute discretion. ARV for each Infield Target Prize: $50.00.
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. Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the applicable prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played, or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) 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. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, 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/exhibition ticket.
8. Waiver of Liability/Publicity Release.
By participating in the Promotion, whether as an Eligible 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 prizes referenced in Section 6 (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 MLB by telephone, email, and/or postal mail for Promotion purposes. Each winner, by acceptance of a prize, grants to the Orioles, MLB, 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. No Warranties.
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 entering, or participating on behalf of an Eligible Entrant in, the Promotion, each Participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all Claims. For the avoidance of any doubt, by participating in the Promotion, each Participant agrees to indemnify and hold harmless and fully release the Released Parties from any and all liability for any injuries, losses, death, damages, fees, expenses, and costs (including reasonable attorneys' fees and expenses) resulting from any actual or alleged Claim made, or action or suit instituted, by any Participant arising out of or related to any right of publicity, right of privacy, or other proprietary right of Participant.
11. Dispute Resolution.
In the event that the Promotion is challenged by any legal or regulatory authority, the Orioles reserve the right to discontinue or modify the Promotion, or to disqualify Participants. In such event, the Released Parties shall have no liability to any Participant who is disqualified due to such an action. As a condition of entering the Promotion, each Participant agrees that (i) any and all Claims shall be: (a) 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 (b) settled by binding arbitration in Baltimore County, Maryland 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 (ii) under no circumstance will a Participant be permitted to obtain awards for, and participant 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 may be 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 Maryland, applicable to contracts entered into and performed exclusively in that State.
12. 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, MLB, 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 and MLB reserve the right, in their 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, MLB, AND THEIR RESPECTIVE 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.
13. Winners List. For the winners’ names, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Promotion to: “Swing For Your Seats” Winners List, c/o Baltimore Orioles, 333 West Camden Street, Baltimore, MD 21201.
14. Sponsor. The Sponsor of the Promotion is Baltimore Orioles Limited Partnership.
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