NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, BUT ONLY TWENTY-SEVEN (27) WILL WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS.
ELIGIBILITY: These are the official terms and conditions ("Terms and Conditions") for the MLB Store, Store Opening Sweepstakes (the "Sweepstakes"). The Sweepstakes is open to residents of the United States who are eighteen (18) years of age, or older, at the time their Entry (as defined below) is submitted at the MLB New York City Flagship Retail Store in New York, New York between October 6, 2020 and November 7, 2020. Each person who submits an Entry in accordance with the terms set forth herein is hereinafter referred to as an "Entrant". Once a potential Winner (as defined below) is chosen, such person shall not be declared a Winner until his/her eligibility is verified as described below. The following individuals are ineligible to enter the Sweepstakes: (a) any individuals (including, but not limited to, employees, officers, representatives, consultants, independent contractors and interns) who have, within the past six (6) months, performed services for: Legends Hospitality, LLC, all Major League Baseball clubs, the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., The MLB Network, LLC, MLB Media Holdings, L.P., MLB Advanced Media, Inc., MLB Advanced Media, L.P., Tickets.com, LLC and each of their respective parents, affiliates and subsidiaries, employees, officers, members, directors, representatives, consultants and agents, (the "Sweepstakes Entities") and (b) the immediate family members (e.g., spouses, domestic partners, parents, step-parents, children, step-children, siblings, step-siblings, and their respective spouses and domestic partners) and persons living in the same household (whether related or not).
WARRANTY: By entering this Sweepstakes, you represent and warrant that: (a) you are eighteen (18) years of age or older at the time of Entry; and (b) your Entry does not violate any law or regulation. By participating in this Sweepstakes, Entrants (as defined below) unconditionally agree to be bound by and have followed the Official Rules, available at www.mlb.com/shop/nyc-retail-store, these Terms and Conditions, and the Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Being selected as a Winner and winning a Prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR: This Sweepstakes is sponsored by Legends Hospitality, LLC, 61 Broadway, Suite 2400, New York, NY 10006 ("Sponsor").
SWEEPSTAKES PERIOD: The Sweepstakes begins at 11:00 A.M. Eastern Standard Time on October 6, 2020, will continue during operating hours of the MLB New York City Flagship Retail Store from October 6, 2020 through November 7, 2020, and ends at 6:59 P.M. Eastern Standard Time on November 7, 2020 ("Sweepstakes Period"). For purposes of the Official Rules and these Terms and Conditions, all times and days are Eastern Standard Time. Sponsor's designated official judging organization's computer is the official time keeping device for this Sweepstakes.
TO ENTER: During the Sweepstakes Period, you must submit a valid entry by visiting the MLB New York City Flagship Retail Store and obtaining a sweepstakes ticket from an authorized member of the MLB New York City Flagship Retail Store personnel in compliance with all of the Sweepstakes Official Rules and Terms and Conditions (an "Entry").
All Entries must be received during the Sweepstakes Period. No other forms of entry are valid. Limit one (1) Entry per person. Additional entries from the same person are void and may result in disqualification of such person, in Sponsor's sole discretion. Sponsor reserves the right, but not the obligation, to review any Entry for violation of the Official Rules and Terms and Conditions and may, in its sole discretion, reject, delete, disqualify or otherwise exclude an Entry for any reason, including without limitation, if the Entry does not comply with the Official Rules and Terms and Conditions or contains any other commentary or material which Sponsor, in its sole discretion, deems inappropriate. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion what constitutes a valid Entry. Entries are not transferable. Entries that are incomplete, illegible or corrupted are void and will not be accepted.
Any Entry that, in the sole opinion of Sponsor, is not in accordance with the Official Rules and Terms and Conditions, including, but not limited to, the guidelines as stated herein, or is deemed to be inappropriate is ineligible and shall not be considered a valid Entry.
By submitting an Entry, Entrant agrees that his/her Entry is gratuitous and made without restriction, that it will not place Sponsor under any obligation other than as stated in the Official Rules and Terms and Conditions, that Sponsor is free to publish or otherwise disclose the Entry on a non-confidential basis to anyone or otherwise use the Entry without any additional compensation to Entrant.
By participating in the Sweepstakes, Entrant acknowledges that his/her Entry may be posted on any of the Sweepstakes Entities's or Prize provider's social media platforms, in Sponsor's sole discretion.
By submitting an Entry, Entrant agrees to indemnify and hold harmless Sweepstakes Entities from any action or liability resulting from the publishing of his/her Entry and/or use of the Entry as otherwise permitted by the Official Rules and Terms and Conditions.
No correspondence regarding the screening, verification or judging status of the Entries will be undertaken by Sponsor, except as specified in the Official Rules and Terms and Conditions.
Entrants shall be solely responsible for all internet access and usage charges imposed by Entrant's online service in connection with the Sweepstakes. The Sweepstakes Entities shall not be liable for lost or misdirected Entries.
ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT THE VERIFICATION IS COMPLETE AS SET FORTH IN THE OFFICIAL RULES AND TERMS AND CONDITIONS. ANY LATE SUBMISSION DUE TO FAILURE OF ANY TECHNOLOGY IS DEEMED A DEFECTIVE SUBMISSION AND IS VOID AND WILL NOT BE HONORED WITH AN ENTRY.
PRIZE DETAILS: A total of Twenty-Seven (27) prize(s) will be awarded. Each day throughout the Sweepstakes Period, one (1) winner shall be randomly selected from all of the eligible Entries and will receive one (1) Sony PlayStation 4 with a code to download the MLB® The Show™ Game, with an approximate retail value ("ARV") of Three Hundred Twenty-Nine dollars Ninety-Eight cents ($329.98) (each a "Prize" and collectively, the "Prizes") provided each such winner complies with all conditions set forth in the Official Rules and Terms and Conditions (each, a "Winner"). If a Winner cannot accept a Prize as specified, the Prize will be forfeited and awarded to an alternate Winner (time permitting). All other costs and expenses (including, but not limited to, all federal, state and local taxes, travel, lodging, ground transportation, meals, gratuities and all other expenses) not expressly specified herein as being provided are not included and are solely such Winner's responsibility. The Prize will be provided at a date, time and location determined at the Sponsor's discretion and subject to availability and change and applicable legal restrictions, if any.
The value of the Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of the Official Rules and Terms and Conditions and the date the Prize is awarded or redeemed, however in no event will the ARV exceed Three Hundred Twenty-Nine dollars and Ninety-Eight cents ($329.98). No cash or other substitution, assignment or transfer of any Prize is permitted, except by Sponsor, who reserves the right to substitute a Prize or Prize component with cash or another prize of comparable or greater value. If the actual value of a Prize is less than the stated ARV, the difference will not be awarded. Prizes cannot be used in conjunction with any other promotion or offer and may not be separated by the Winner. Any depiction of a Prize is for illustrative purposes only.
PRIZES ARE AWARDED "AS IS" AND WITHOUT WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED.
WINNER NOTIFICATION: The Prize will be awarded provided that at least one (1) eligible Entry is received and claimed for each Prize (time permitting). Potential Winners will be notified via a live drawing on @MLBSTORENYC Instagram Live at 7:00 P.M. Eastern Time each day throughout the Sweepstakes Period and will be required to respond to the notification by November 15, 2020 at 7:00 P.M. Eastern Standard Time indicating whether he/she accepts the Prize. Winning is contingent upon fulfillment of all requirements and compliance with the Official Rules and Terms and Conditions.
If no response is received within the time allotted, an alternate Winner will be selected (time permitting). If a potential Winner responds to the notification after the time allotted, she/he may be put on a waiting list and may be awarded a Prize as an alternate Winner subject to availability and time permitting, as decided by Sponsor in Sponsor's sole discretion. Sponsor is not responsible for suspended or discontinued internet, wireless, land-line phone service, or other technology which may result in a potential Winner not receiving the notification or any other communication contemplated hereunder.
In order for the Winner to claim his/her Prize, each Winner will be required to show a valid form of identification, provide the ORIGINAL winning sweepstakes ticket, and complete, sign and return an affidavit of eligibility and liability and publicity release and any other documents, if requested by Sponsor in its sole discretion, to Sponsor or Sponsor's representatives via email or facsimile within twenty-four (24) hours of Prize acceptance. Winner must return the ORIGINAL affidavits of eligibility and liability and publicity releases, and any other documents required by Sponsor to Sponsor and/or Sponsor's representatives at the time of receipt in order for Winner to claim the Prize.
Disqualification and selection of an alternate Winner at Sponsor's sole discretion may result from, but not be limited to, any of the following: (a) a potential Winner not responding to the notification with all of the requested information; (b) the failure of a potential Winner to complete, sign and return the required affidavits of eligibility and liability and publicity releases and any other documents, if requested, to Sponsor or Sponsor's representatives within the required time; (c) a potential Winner is ineligible or cannot be notified or contacted; (d) a potential Winner's inability to provide Sponsor with satisfactory proof that he/she is the authorized individual with the winning Entry (if requested); (e) failure to respond to any other required time periods; (f) failure to provide any required documentation; or (g) failure of any potential Winner to comply with any Sponsor rules and regulations; and (h) any other non-compliance with the Official Rules and Terms and Conditions. Proof of response by a potential Winner does not constitute proof of receipt by Sponsor.
LIMITATIONS OF LIABILITY AND RELEASE: By entering this Sweepstakes, each Entrant agrees to discharge, indemnify, release and hold harmless the Sweepstakes Entities from any and all litigation, liability, actions, claims, expenses, rights, injuries, emotional injury, embarrassment, invasion or right to privacy, illness, accident, death, losses or damages of any kind, including, without limitation, personal injury, death, and/or property damage, or rights of publicity or privacy, defamation, invasion of privacy, copyright infringement or portrayal in a false light, resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in this Sweepstakes or in any Sweepstakes-related activity.
Sponsor and the Sweepstakes Entities are not responsible for: (a) any postponement or cancellation resulting from any labor stoppage, strike, lock out or any force majeure event; (b) lost, late, misdirected, damaged, unintelligible, altered, invalid, returned or undelivered Entries, Prize notifications, announcements or documents, whether or not caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (c) lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), or other connections' availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines; (d) technical failures of any kind; (e) jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, (f) 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 of any kind whether human, mechanical, electronic or network; (g) the inability of a Winner to accept a Prize for any reason; (h) unauthorized human intervention in any part of the Entry process or Sweepstakes; (i) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (j) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt or use of any Prize or while traveling to or from any Sweepstakes-related activity.
If for any reason an Entry is confirmed to have been erroneously lost or otherwise destroyed, such Entrant's sole remedy is to submit another Entry in the Sweepstakes; provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes for any reason, Sponsor, at its discretion, may elect to choose a Winner in its sole discretion from among all eligible Entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded, unless Sponsor, in its sole discretion, elects to award more. In event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in the Official Rules and Terms and Conditions to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by choosing the Winners in its sole discretion among all legitimate, unawarded, eligible Prize claims. Sponsor will not replace any lost or stolen Prizes.
RIGHT TO CANCEL: Sponsor reserves the right, in its sole discretion, to disqualify any persons who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules and Terms and Conditions, or act in any manner to threaten or abuse or harass any person, or violate Sponsor's terms of service. CAUTION: ANY ATTEMPT TO DELIBERATELY ALTER OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND REGULATIONS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Neither the Sponsor nor the Sweepstake Entities are responsible for any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and the Sponsor and the Sweepstakes Entities assume no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such Entries, and may subject that Entrant to disqualification. Neither the Sponsor nor the Sweepstakes Entities are responsible for injury or damage to Entrant's or any other person's computer or property related to or resulting from participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor's sole opinion, compromised by virus, worms, bugs, technical failures, unauthorized human intervention, force majeure event or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper conduct of this Sweepstakes, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and/or determine the Winners from valid, non-suspect Entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. All materials submitted become the property of the Sponsor and will not be returned.
GRANT OF RIGHTS: Each Entrant, by participating in the Sweepstakes and regardless of whether such Entrant is a Winner, except where legally prohibited, grants to Sponsor an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable right and license to exploit his/her Entry, including but not limited to such Entrant's name, signature, video, likeness, photograph, voice, opinions, biographical information, hometown, state, as well as additional photographs, video footage or other images that Sponsor or its affiliates may take of such Entrant if Entrant is a Winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, including, but not limited to, advertising, trade and promotional purposes, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to Entrant or any third party. The foregoing grant includes, without limitation, the right to reproduce, alter, amend, broadcast, edit, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize, use, merchandise, license, sub-license, change, modify, adapt and otherwise exploit such Entry in any and all media now or hereafter known, in any and all languages, in perpetuity, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in such Entry being associated with a particular Sponsor or Sponsors. Accordingly, each Entrant hereby waives any objection to such use, distribution, reproduction or display of his/her Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called "Moral Right," "Droit Moral" or similar right or interest. By entering the Sweepstakes, each Entrant waives any and all rights he or she may have to the Entry. To the extent Entrant has any rights in the Entry, the Entrant assigns all such rights to the Sponsor by entering the Sweepstakes.
DISPUTES: Sponsor reserves the right to make all decisions, in its sole discretion, arising out of or relating to this Sweepstakes, and all decisions by Sponsor are final and binding on all matters relating to this Sweepstakes. Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than the administration of the Sweepstakes or the determination of any Winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
GOVERNING LAW: This Sweepstakes is governed by, and the Official Rules and Terms and Conditions will be construed and interpreted pursuant to, the laws of the state of New York, without regard to its principles of conflicts of laws. By participating in the Sweepstakes, Entrant agrees that any and all disputes or disagreements arising out of or in connection with the Sweepstakes or the Official Rules and Terms and Conditions shall be settled by the United States federal or state courts of the State of New York and Entrant consents to the sole and exclusive jurisdiction of such courts. In no event will Sweepstakes Entities be responsible or liable for any damages or losses of any kind including but not limited to incidental, consequential, punitive or other damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
SEVERABILITY/HEADINGS: If any provision of the Official Rules and Terms and Conditions is prohibited by or under the laws of any jurisdiction found to be unlawful, void or for any reason unenforceable, then that provision shall be, as to said jurisdiction, deemed severable from the Official Rules and Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Headings are used in these Official Rules and Terms and Conditions solely for convenience and reference and shall not be deemed to affect in any manner the meaning or intent of the Official Rules and Terms and Conditions or any provision hereof.
CONDITIONS: The Entrant understands and agrees: (a) the Sweepstakes Entities are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to errors in the advertising, Official Rules and Terms and Conditions, selection and announcement of the winner and distribution of the Prize; (b) the Sweepstakes Entities are not responsible for any inability of winner to accept or use Prize (or any portion thereof) for any reason; and (c) Sponsor has the right to modify Prize award procedures at its sole discretion.
WINNER'S LIST: The Winner will be notified via a live drawing on @MLBSTORENYC Instagram Live at 7:00 P.M. Eastern Time each day throughout the Sweepstakes Period with confirmation of Prize and how to claim. For the names of the Winners and/or the Official Rules and Terms and Conditions send a self-addressed, US post prepaid envelope to: MLB Store, Store Opening Sweepstake Results, 61 Broadway, Suite 2400, New York, NY 10006 (or "Rules Request" as applicable). Limit one (1) Rules Request per outer envelope. Rules Requests must be received within sixty (60) days after completion of the Sweepstakes Period. Any questions regarding the Sweepstakes may be sent to the address above.