Rehabilitative Professionals Night Official Rules

Rehabilitative Professionals Ceremonial First Pitch Contest

(the "Contest")

OFFICIAL RULES

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 PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in the Contest you agree to abide by these official rules (these “Rules”), which are a contract, so read them carefully before participating. This contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies. These Rules will refer to you as “Nominating Party” in your capacity as the person nominating an Eligible Therapist (defined below) or as “Nominee” in your capacity as the Eligible Therapist nominated by an Eligible Person (defined below), as the case may be. Compliance with these Rules is required in order to be eligible for any Prize (defined below).

CONTEST

Any Eligible Person (defined below) may nominate an Eligible Therapist (defined below) to win a Prize by submitting an original essay during the Entry Period (defined below) describing how such Eligible Therapist has had a positive impact on the lives of his or her patients or in his or her workplace (the “Submission”). A panel of judges (the “Panel”) selected by The Boston Red Sox Baseball Club Limited Partnership (the “Club”) will select the six (6) most compelling Submissions in accordance with the following the judging criteria (“Judging Criteria”):

clarity of essay (30%);
expression of passion related to the Eligible Therapist’s positive impact on his or her patients or in his or her workplace (50%); and
grammar (20%).

All decisions by the Club shall be final. After confirming eligibility and availability in accordance with the terms below, the Club will post on https://www.mlb.com/redsox/tickets/promotions/themes/rehabilitative-services-night (the “Site”) pictures and short biographies of each of the Eligible Therapists nominated pursuant to such six (6) selected Submissions (the “Finalists”), and users and visitors of the Site will be able to vote for their favorite Finalist on the Site. The Finalist that garners the most votes on the Site will win the Grand Prize (defined below) and the other five (5) Finalists will win Honorable Mention Prizes (defined below), subject to verification of eligibility and availability in accordance with the terms of the following paragraph. The Club is the sponsor of the Contest.

ELIGIBILITY

The Nominating Party must be (a) a legal resident of the United States (including the District of Columbia), excluding its territories and protectorates (the “Territory”), (b) at least eighteen (18) years of age at the time of entry of his or her Submission, and (c) the original and exclusive author of his or her Submission (an “Eligible Person”). The Nominee must:

be a practicing physical, occupational or speech therapist licensed to practice in any state in the Territory and in good standing with his or her licensing board;
be a legal resident of a state in the Territory;
be at least eighteen (18) years of age at the time of entry of the Submission that nominates him or her;
be currently living;
be someone the Nominating Party personally knows;
have granted the Nominating Party permission to name or identify the Nominee in the Submission and the Entry Form (defined below); and
have read and agreed to be bound by these Rules (an “Eligible Therapist”).

The Club, in its sole discretion, may require the Nominating Party or the Nominee to verify such permission before awarding any Prize. Self-nominations are not permitted (i.e., an Eligible Therapist may not submit a Submission for himself or herself). Employees, officers, and directors of the Club, the other MLB Entities or any of their respective Affiliates (each defined below), as well as any of their respective sponsors, the Club’s concessionaire, Aramark Corporation, and the Club’s merchandising partner, ’47 Brand, including their respective spouses, parents, children and siblings (regardless of where they reside) and members of their households (whether or not related), are not eligible to participate in the Contest or to redeem any Prize associated therewith. The Contest is subject to all federal, state and local laws, rules and regulations. Void outside the Territory and where prohibited or restricted by law, rule or regulation.

DEFINITIONS

“MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs, MLB Advanced Media, L.P. (“MLB”), 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 Major League Baseball Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. “Affiliate” means, with respect to a party, any individual or entity controlled by, controlling or under common control with, such party. The term “control” shall mean, with respect to any entity, the ability to vote fifty percent (50%) or more of the voting securities or other comparable equity interests in such entity or to otherwise influence and direct the policies and management of such entity.

HOW TO NOMINATE AN ELIGIBLE THERAPIST

An Eligible Person who would like to nominate an Eligible Therapist must log on to the Site at any time from February 13, 2020 at 12:30 p.m. Eastern Time (“ET”) through July 1, 2020, at 11:59 a.m. ET (the “Entry Period”) and click on the Contest banners, buttons or links to access the online entry form for the Contest (the “Entry Form”). Upon completing and submitting the Entry Form, each such Eligible Person shall become (and shall be referred to in these Rules as) a Nominating Party and the Eligible Therapist nominated on such Entry Form shall become (and shall be referred to in these Rules as) a Nominee. In order to submit their Entry Form, all Nominating Parties will be required to read and affirmatively consent to these Rules. Incomplete or inaccurate Entry Forms are void. Limit one (1) Entry Form per Eligible Person. In case of multiple Entry Forms received from the same name or email address, only the first Entry Form received from such name or email address will be considered. Nominating Parties that refuse to click through the affirmative consent to abide by these Rules will not be able to submit their Entry Forms or nominate Eligible Therapists.

Nominating Parties must submit their Submissions online through the Site, as directed on their respective Entry Forms, prior to the expiration of the Entry Period. Each Submission must be in the English language and must not exceed five hundred (500) words in length. Submissions that do not comply with these Rules will be void, eliminated and not eligible for consideration.

Entry Forms and Submissions may only be submitted online; no other method of entry will be accepted for the Contest. Nominating Parties are solely responsible for Internet connectivity, software or hardware that may be required in order to create or submit any Submission. Use of the Site is governed by Major League Baseball’s Terms of Use available at: mlb.com/tou and Privacy Policy available at: mlb.com/privacy.

SELECTION OF FINALISTS & FAN VOTE

The Panel will review and judge all Submissions that are timely submitted and comply with these Rules to determine the six (6) most compelling Submissions based on the Judging Criteria. The Club will then reach out to each Nominating Party that authored a selected Submission to confirm (a) the Nominating Party’s eligibility and (b) the contact details for the Nominee. The Club will make reasonable efforts to contact such Nominating Party using the information provided in such Nominating Party’s Entry Form (“Selection Notification”), and any such Nominating Party that fails to respond to the Selection Notification within three (3) calendar days following the Selection Notification forfeits the selection of his or her Nominee as a Finalist, and the Club will have the right to pick another Finalist without notice to such Nominating Party or his or her Nominee. If the Nominating Party does not meet the eligibility criteria set forth in these Rules, his or her Submission will be voided, and the Club will have the right to pick another Finalist without notice to such Nominating Party or his or her Nominee. All decisions by the Club regarding the eligibility of Nominating Parties, and the selection of Finalists, shall be final.

After confirming the Nominating Party’s eligibility under these Rules, the Club will make reasonable efforts to contact his or her Nominee (“Finalist Notification”), and any such Nominee that fails to respond to his or her Finalist Notification within three (3) calendar days following the Finalist Notification forfeits his or her selection as a Finalist, and the Club will have the right to pick another Finalist without notice to such Nominee or his or her Nominating Party. If the Nominee does not meet the eligibility criteria set forth in these Rules, his or her selection as a Finalist will be voided, and the Club will have the right to pick another Finalist without notice to such Nominee or his or her Nominating Party. All decisions by the Club regarding the eligibility of Nominees, and the selection of Finalists, shall be final.

After confirming the Nominee’s eligibility under these Rules, the Nominee’s willingness to participate in the Contest, the Nominee’s availability to attend the Red Sox home game at Fenway Park on August 10, 2020 (the “Game”), and the Nominee’s agreement to abide by these Rules, the Club will confirm such Nominee’s status as a Finalist. The Nominee may be required to submit his or her valid social security number or other identification to the Club to confirm eligibility. On or prior to July 17, 2020, the Club will post a picture and short biography of each Finalist (as generated by the Club) on the Site to participate in the fan vote described below. All Finalist pictures shall be provided to the Club by the Finalists in the digital format, manner and timeframe requested by the Club.

Beginning on July 20, 2020, at 9:00 a.m. ET and ending on August 5, 2020, at 11:59 a.m. ET (the "Voting Period"), fans will have the opportunity to vote on the Site for their favorite Finalist. Limit one (1) vote per email address per day during the Voting Period. For purposes of this Contest, “day” means 12:00 a.m. ET through 11:59 p.m. ET, except for (i) July 20, 2020 for which “day” shall mean 9:00 a.m. ET through 11:59 p.m. ET and (ii) August 5, 2020, for which “day” shall mean 12:00 a.m. ET through 11:59 a.m. ET. Additional votes beyond the specified limit will be void and not counted in the final vote tally. Votes or email addresses generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. Upon the conclusion of the Voting Period, the Finalist with the highest number of votes will be declared the Grand Prize winner (“Grand Prize Winner”) and the five (5) remaining Finalists will be declared Honorable Mention Prize winners (“Honorable Mention Prize Winner(s)” and together with the Grand Prize Winner, collectively, the “Winners”). In the event of a tie in the fan votes for Grand Prize winner, the Panel will cast the tie-breaking vote in favor of the tied Finalist that had the higher scoring Submission. All decisions by the Club regarding the selection of the Winners shall be final.

PRIZES

Six (6) prizes will be awarded as follows (each, a “Prize” and collectively, the “Prizes”):

Grand Prize: There will be one (1) Grand Prize awarded to the Grand Prize Winner in accordance with the foregoing terms. The Grand Prize will consist of two (2) tickets for the Game for the Winner and one (1) guest and the opportunity for the Winner to throw out a ceremonial first pitch on the date of the Game. Approximate Retail Value (“ARV”) of the Grand Prize: $100. Among Finalists, the odds of winning a Grand Prize are one (1) in six (6). The exact nature and duration of the ceremonial first pitch opportunity shall be determined by the Club in its sole discretion, and the opportunity is subject to availability.

Honorable Mention Prizes: There will be five (5) Honorable Mention Prizes awarded to the five (5) Honorable Mention Prize Winners in accordance with the foregoing terms. Each Honorable Mention Prize will consist of two (2) tickets for the Game for each Honorable Mention Prize Winner and one (1) guest and the opportunity for such Honorable Mention Prize Winner to be recognized on the field in the pre-Game ceremony on the date of the Game. ARV of each Honorable Mention Prize: $100. Among Finalists, odds of winning an Honorable Mention Prize are five (5) in six (6). The exact nature and duration of the on-field pre-Game ceremony shall be determined by the Club in its sole discretion, and the opportunity is subject to availability.

PRIZE CONDITIONS

All Prize details, including exact Game date and seat/suite locations at the Game, shall be determined in the sole and absolute discretion of the Club. The Winners are fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes) incurred in connection with their redemption of the Prizes. All costs and expenses associated with any Prize acceptance and use not specified herein as being provided, including lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prizes are the sole responsibility of each Winner. The Prizes are non-transferable and non-assignable, with no substitutions for cash or any other item. The Club 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. The Club's computer will be the official clock of the Contest. Each of the Winners may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability provided by the Club in order to claim his or her Prize. Failure to timely submit any identification or return any documentation required by the Club may result in disqualification and Prize forfeiture.

TRANSPORTATION TO/FROM ANY GAME AND LODGING ARE NOT INCLUDED IN ANY PRIZE. 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 BOC and/or the applicable 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 game (including the 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 or her guest agree to comply with all applicable ballpark regulations in connection with the redemption of the applicable Prize. The Club and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner or his or 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 a game (including the Game), event or exhibition. Released Parties (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 (including the 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.

SUBJECT TO TAX REGULATIONS

Prizes are subject to all applicable U.S. federal, state and local tax regulations, including applicable IRS reporting and withholding requirements, as well as the applicable tax laws of any foreign jurisdiction. Taxes on any Prize redeemed in connection with the Contest are the sole responsibility of the Winner, and the value of such Prize may be deemed ordinary income to the Winner by the IRS. Winners should consult their personal tax advisor regarding redemption of Prizes. The Club may require the Winner to complete and submit certain documentation required under U.S. federal, state or local tax regulations and to provide his or her social security number or other identification as a condition of redeeming a Prize. In addition, the Club may require the Winner to sign and deliver a waiver of liability and publicity release (where not prohibited by law) and other documentation prior to delivering the claimed Prize. Failure to timely complete, sign and return any such documentation, noncompliance with these Rules or the Club’s inability (after the exercise of reasonable efforts) to deliver the claimed Prize, Selection Notification, or Finalist Notification, as the case may be, may result in disqualification and Prize forfeiture.

ADDITIONAL TERMS APPLICABLE TO SUBMISSIONS

In exchange for the opportunity to participate in the Contest, the receipt of which shall be sufficient consideration for the following consent, license and release (“Nominating Party Release”), the Nominating Party does hereby:

(1) agree that his or her Submission is an original work of authorship and that he or she owns all right, title and interest in and to such Submission, or otherwise has all necessary rights in such Submission in order to submit it for consideration under these Rules;

(2) consent to the collection by the Club and MLB of his or her personal information, including name, date of birth, address (city and state/territory/province of residence), telephone number(s) and email address(es) (the “Personal Information”) in connection with the Submission;

(3) grant to the Club, MLB and each of their respective designees the perpetual and unlimited right and license to use, edit, modify, duplicate or create derivative works from his or her Submission throughout the world and in perpetuity, including the right for the Club or MLB, 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 or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to him or her or his or her heirs and successors, (i) on its own or as part of any audiovisual or other production, (ii) for the purpose of advertising any product, programming or services of the MLB Entities or for any other advertising, marketing, publicity or promotional purpose, or (iii) for any other purpose whatsoever;

(4) agree that the foregoing license includes the right to: (i) use his or her name (and any other Personal Information included in the Submission), likeness, image, voice, statements, appearance and performance as embodied or included 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) 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) assign or license others to use the Submission for all of the purposes hereunder;

(5) acknowledge that he or she shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;

(6) agree that he or she shall use any copy of the Submission that he or she retains solely for his or her personal, non-public, non-commercial use;

(7) release and indemnify in perpetuity the Released Parties from any claim, demand, loss and liability 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 claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy and

(8) represent and warrant that: (i) all individuals referenced in his or her Submission have authorized him or her to agree to this Nominating Party Release on their behalf (or, with respect to any individual under the legal age of majority in his or her jurisdiction of residence, that the Nominating Party is the parent or legal guardian of such individual minor with legal authority to act on behalf of such individual minor), and (ii) the Nominating Party agrees to this Nominating Party Release on behalf of such individuals.

Nothing herein will obligate the Club or the other MLB Entities to make any use of any of the rights set forth herein.

The Nominating Party must not include any of the following in any Submission:

pornography, adult-oriented content or any other sexually-explicit material;
materials relating to lotteries or gambling;
explicit language or content, images of violence, or promotion of illegal activities;
content in violation of intellectual property rights or laws;
libelous, defamatory, disparaging, tortious or slanderous materials;
content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball;
references to tobacco, e-cigarettes, alcohol or drugs;
references to dangerous stunts;
references to real weapons of any kind, including guns, knives or projectiles;
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, territory, provincial or local law, ordinance, or regulation;
content owned by any third party; or
material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Submission is created.

Any Submission that does not comply with the foregoing will be disqualified from the Contest and immediately eliminated from consideration.

WAIVER OF LIABILITY/PUBLICITY RELEASE

Contest participants (be they Nominating Parties or Nominees, including Finalists) (“Participants”) may not take actions that are negligent, injurious or reckless in connection with the Contest or the redemption of any Prize. Participants who do not follow this rule or who otherwise participate in the Contest in an unsportsmanlike manner will be barred from participation in the Contest and the redemption of any Prize. Participants are solely responsible for any injuries or other damages that are caused from their behavior.

By participating in the Contest, each Participant agrees to (a) comply with these Rules and (b) to the extent permitted by law, waive and fully, completely and forever release and discharge the Club the other MLB Entities, Apple, Inc., Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), Instagram, Inc. (“Instagram”) and each of their respective sponsors, the Club’s concessionaire (ARAMARK), and the Club’s merchandising partner (’47 Brand), and all of their respective affiliates, officers, directors, employees, agents and representatives (collectively, “Released Parties”), for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use or misuse of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By participating in the Contest, each Participant gives his or her express permission to be contacted by the Club or MLB by telephone, email or postal mail for Contest administration purposes. Each Winner, by acceptance of a Prize, grants to Club, MLB and each of their respective designees the perpetual right to publicize, publish, use, reproduce, broadcast or otherwise transmit, distribute, create derivative works of, publicly perform or display such Winner’s name, address (city and state of residence), photograph, voice, statements or other likeness and Prize information for advertising, promotional, trade 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.

DISCLAIMERS

Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled Submissions, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through 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; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Rules, in any Contest-related advertisements or other materials; or 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 Contest, including errors or difficulties which may occur in connection with the administration of the Contest, the processing of Submissions, the announcement of the Prizes or in any Contest-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, tampering, hacking, or by any equipment or programming associated with or used in the Contest. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer or wireless device related to or resulting from participating in the Contest or downloading materials from any e-mail, application or website associated with the Contest. Persons who tamper with or abuse any aspect of the Contest or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any Participant or any representative of the Club or the other MLB Entities or who are in violation of these Rules, as solely determined by the Club, will be disqualified and all associated Prize claims will be void. Any attempt to deliberately damage the content or operation of the Contest is unlawful and subject to legal action by the Club, the other MLB Entities or their respective agents. The Club shall have the sole right to disqualify any Participant for violation of these Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty. The Club’s failure to enforce any term of these Rules shall not constitute a waiver of such term.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR MLB.COM 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, THE CLUB WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND THE CLUB, THE OTHER MLB ENTITIES AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Submissions generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the qualification of any Submission (and, consequently, any Finalist or Winner resulting therefrom) based on competing claims as to the true identity of the Nominating Party, such Submission will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, provided the Authorized Account Holder is eligible to participate in this Contest at such time in accordance with these Rules. The “Authorized Account Holder” is 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.

DISPUTE RESOLUTION

As a condition of entering the Contest, each Participant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to the Contest or any Prize awarded (each, a “Claim”), 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 New York County, New York 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.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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; (B) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

GENERAL TERMS

These Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York applicable to contracts entered into and performed exclusively in that State, without regard to its principles of conflicts of law. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All participants in the Contest agree to waive any rights to claim ambiguity of these Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on an applicable website, these Rules shall prevail, govern and control and the discrepancy will be resolved in the Club’s sole and absolute discretion.

The Club and MLB each reserve the right, in its sole discretion, to (a) cancel or suspend the Contest (or any portion thereof) should unauthorized human intervention or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof), and (b) modify these Rules for clarification purposes without materially affecting the terms and conditions of the Contest. In the event that the Contest is challenged by any legal or regulatory authority, the Club and MLB reserve the right to discontinue or modify the Contest, or to disqualify Nominating Parties and Nominees residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Nominating Party or Nominee who is disqualified due to such an action.

All information provided via an Entry Form and all Contest-related voting data collected via MLB is provided to the Club and MLB and not to any other third party, including Facebook, Twitter, Instagram or any other social media platform. The Contest is in no way sponsored, endorsed or administered by, or associated with any person or entity other than the Club and MLB, including Facebook, Twitter, Instagram or any other social media platform. The Contest is designed to increase consumer awareness of and interest in Major League Baseball and the Club. The Contest may not be used for, or in connection with, any form of gambling.

The headings to these Rules are for convenience only, and are to be of no force or effect in construing or interpreting any of the provisions of these Rules. Unless the context of these Rules clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, and the part the whole, (b) references to any gender include all genders, (c) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (d) “include”, “includes” and “including” are not limiting and has the inclusive meaning frequently identified with the phrase “including, but not limited to,” or “including, without limitation,” and (e) “hereunder,” “herein,” “hereto” and “hereof” relate to these Rules.

WINNERS LIST

For a list of Winners’ names, mail a request and a self-addressed stamped envelope to be received by October 16, 2020, to: Rehabilitative Professionals Ceremonial First Pitch Contest. Winner’s List c/o Boston Red Sox, 4 Jersey Street, Boston, MA 02215, Attention: Gennifer Davidson.

SPONSOR: The Sponsor of this Contest is The Boston Red Sox Baseball Club Limited Partnership, 4 Jersey Street, Boston, MA 02215.