The 2017-2018 Phillies Phitness Student Contest (the "Contest")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 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 Contest is to submit an original essay, two hundred fifty (250) words or less, (the "Submission") making the strongest claim as to why one (1) of your students participating in the Phillies Phitness program during the 2017-2018 school year ("Student") stands out as someone who has been actively involved in the Phillies Phitness program both in school and at home. You must have permission from the Student's parent or legal guardian prior to submitting a Submission to submit the Submission and any personal information of the Student. Staff members of The Phillies (the "Judges") will select the thirty (30) most compelling Submissions in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winners (defined below).
The Contest is open only to legal residents of Pennsylvania, New Jersey and Delaware who, at the time of entry, are eighteen (18) years of age or older and teachers of a Kindergarten through twelfth (12th) grade class registered in the Phillies Phitness Program for the 2017-2018 school year. Employees, officers 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 The Phillies ("Sponsor"), the other MLB Entities (as defined below) 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 Contest are not eligible to participate or win a Prize (as defined below). The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Properties, Inc., The MLB Network, LLC, 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 and local laws, rules and regulations. Void outside the states listed above, and where prohibited or restricted by law, rule or regulation.
The Contest entry period begins on February 22, 2018, at 9:00 a.m. Eastern Time ("ET") and ends on June 1, 2018, at 11:59 p.m. ET (the "Entry Period").
HOW TO ENTER
To enter, participants must log on to phillies.com/phitnessnomination during the Entry Period and click on the Contest banners, buttons and/or links to access the online entry form for the Contest. To enter, participants must read and consent to these Official Rules during the Contest entry process. Participants must also provide their complete name, date of birth, address, city, state, ZIP/postal code, telephone number, email address, and Submission pursuant to (1) the Submission Requirements (set forth below), and (2) the Content Restrictions (as set forth in the Content Restrictions section below).
By fully completing and submitting all required information you will be automatically entered in the Contest and be a "Participant." Participants may be given the option to receive (a) commercial emails from phillies.com and/or MLB.com and/or (b) mobile text messages and updates from phillies.com however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive such emails or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Submission Requirements: Participants must submit their Submission as directed during the Contest entry process. Submissions must be in the English language and must not exceed two hundred fifty (250) words in length.
In order to submit a Submission, Participant must have permission from the Student's parent or legal guardian with regard to submitting the Submission and any personal information (including the name) of the Student. Sponsor, in its sole discretion, may require Participant to verify such permission before declaring Participant as eligible to win a Prize.
Online entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
The Judges will judge all eligible Submissions to determine the thirty (30) most compelling Submissions based on the following judging criteria: compelling nature of claim that your Student is actively involved in the Phillies Phitness program (80%) and quality of the writing of the Submission (20%). On or about June 4, 2018, the thirty (30) most compelling Submissions as determined by the Judges will be deemed the winning Submissions (each, a "Winning Submission"). Subject to verification of eligibility and compliance with the terms of these Official Rules, each eligible Participant that submitted a Winning Submission, as determined by the Judges, will be declared an official winner of the Contest (each, a "Winner" and collectively, the "Winners"). In the event of a tie, the compelling nature of claim score will be used as the tiebreaker.
Thirty (30) Prizes to be awarded. Each Winner will receive (i) four (4) tickets for use by the Winner, one (1) guest of the Winner, the Student described in the applicable Winning Submission and one (1) parent or legal guardian of such Student for one (1) Philadelphia Phillies 2018 regular season home game played at Citizens Bank Park, Philadelphia, PA determined by Sponsor at its sole discretion, and (ii) the opportunity, subject to the rules and regulations of Sponsor, for the Winner and such Student to be recognized on field before such game (each, a "Prize" and collectively, the "Prizes"). (Approximate Retail Value of each Prize: $120.00.) TRANSPORTATION AND LODGING NOT INCLUDED. The exact nature and duration of the on-field recognition shall be determined by Sponsor at its sole discretion and subject to availability.
All Prize details shall be determined in the sole and absolute discretion of Sponsor. Each Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the 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 the Prize are the sole responsibility of each individual Winner. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Limit one (1) Prize per person, family or household. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Student's participation in on-field recognition is contingent upon a parent or legal guardian signing Sponsor's Publicity/Advertising Authorization and Release prior to game date, unless prohibited by law. Exact game date and seat locations at the game shall be determined in the sole discretion of Sponsor. Each Winner's guest must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, 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 or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each Winner and his/her guest agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties (as defined below) will not be responsible 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 any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes 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 tickets.
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
CONSENT, LICENSE AND RELEASE
In exchange for the opportunity to participate in the Contest, and the possibility of the use of Participant's Submission and/or the Participant's appearing in an audio, visual and/or multimedia production, the receipt of which opportunities shall be sufficient consideration for this Consent, License and Release, each Participant does hereby:
- agree that his/her Submission is an original work of authorship and that, as of the date of submission, he/she owns all right, title and interest in the Submission or has all necessary rights in the Submission in order to submit it to MLBAM under the terms of these Official Rules;
- consent to the collection by MLBAM (or its designee) of his/her personal information, including without limitation name, date of birth, address (city and state of residence), telephone number(s) and email address(es) (the "Personal Information") in connection with the Submission;
- grant to Sponsor, MLBAM and each of their respective designees the perpetual and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from his/her Submission throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and/or MLBAM, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the Participant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever;
- agree that the foregoing license includes without limitation the right (i) to use his/her name (and any other Personal Information that may be incorporated into the Submission), likeness, image, voice, statements, appearance and performance as embodied in the Submission in whole or in part, for advertising, promotional and trade purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice and without further consideration or compensation, except where prohibited by law; (ii) to edit, alter, distort, add to, rearrange and otherwise modify the Submission, and use the Submission in whole or in part or in combination with other materials; and (iii) to assign and/or license others to use the Submission for all of the purposes hereunder;
- acknowledge and agree, with respect to the Personal Information, that the MLB Entities shall have the right (subject to applicable law) to (i) incorporate certain of the Personal Information into the Submission and use such Personal Information as incorporated therein; (ii) analyze and use the Personal Information for any and all purposes, including without limitation sending him/her advertising and promotional materials and for any other advertising, marketing and promotional purposes; and (iii) to share the Personal Information with third parties for their advertising, marketing and promotional purposes or for any other purposes;
- acknowledge that Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
- agree that Participant shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and
- release and indemnify in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Submission, the Personal Information and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy.
Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein. In the event that any individual(s) appears with the Participant in the Submission but does not submit a separate Consent, License and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant to agree to this Consent, License and Release on his/her behalf (or, with respect to any individual under the legal age of majority in his/her jurisdiction of residence, that Participant is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual), and (ii) that Participant agrees to this Consent, License and Release on behalf of such individual(s).
Participants must not include any of the following content (the "Content Restrictions") in any Submission: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Submission is created. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
Each potential winner will be notified by email and/or telephone by Sponsor and/or MLBAM and may (in Sponsor's discretion) be confirmed by postal mail or return receipt (the "Prize Notification"). In the event that any potential winner does not respond to such Prize Notification within three (3) days of the date of issuance or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be chosen from among all remaining eligible Submissions. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, 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, the return of such documents, the Prize (or any portion thereof) or Prize Notification as undeliverable, or noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Submissions.
All applicable federal, state, and local laws 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. and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and 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 entries, 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.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of the Contest, the processing of 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 Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each Participant agrees to indemnify, hold harmless and fully release the Released Parties and Facebook 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 Submission, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any travel or activity related thereto.
If the Contest is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winners, if any, from among all eligible, non-suspect Submissions submitted up to the point of termination.
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) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or 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 the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE 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, 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.
In the event of dispute as to the identity or eligibility of any potential winner based on an email address, the winning Submission 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. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider 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.
As a condition of entering the Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to the 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 Philadelphia, Pennsylvania before a single arbitrator appointed by the American Arbitration Association 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. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A, applicable to contracts entered into and performed exclusively in that State.
Apple, Inc. is not a sponsor of, or responsible for conducting, the Contest. All entry data provided via the online entry form is provided to Sponsor and/or MLBAM and not to Facebook. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
The Contest is a skill contest designed to increase consumer awareness of and interest in Major League Baseball and MLB.com, the Official Site of Major League Baseball. The Contest may not be used for, or in connection with, any form of gambling.
For the Winners' names, mail a request and a self-addressed, stamped envelope to be received by July 5, 2018, to: The 2017-2018 Phillies Phitness Student Contest Winner's List c/o The Phillies, Citizens Bank Park, One Citizens Bank Way, Philadelphia, PA 19148.
SPONSOR: The Sponsor of the Contest is The Phillies, Citizens Bank Park, One Citizens Bank Way, Philadelphia, PA 19148.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.