BIOFREEZE YANKEE STADIUM EXPERIENCE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
Performance Health Holdings, Inc. ("Performance Health") is offering participants a chance to win one of five Grand Prizes in the "Biofreeze Yankee Stadium Experience Sweepstakes" (the "Sweepstakes"). The Sweepstakes is governed by these Rules. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Sweepstakes ("Participant") agrees to be bound by the terms and conditions set forth in these Rules, as well as by all interpretations of these Rules by Performance Health and by all other decisions of Performance Health which are final and binding in all matters relating to the Sweepstakes.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Sweepstakes is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.
The sponsor of the Sweepstakes is Performance Health (the "Sponsor").
The Sweepstakes is in no way sponsored, executed or produced by any MLB Entity.
SWEEPSTAKES CANCELLATION, SUSPENSION OR MODIFICATION:
Performance Health reserves the right to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including, but not limited to, computer virus, "bugs", tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The decision of Performance Health to cancel, terminate, modify or suspend the Sweepstakes shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Sweepstakes is open to legal residents of the States of New York, New Jersey and Connecticut who are at least eighteen (18) years of age at the time of entry.
Sweepstakes Entity and Immediate Family Member Ineligibility: The officers, directors, employees, volunteers, contractors, shareholders, members, representatives and agents of Performance Health, and any other entity involved in the sponsorship, development, production, implementation and distribution of the Sweepstakes, including the New York Yankee Partnership ("New York Yankees" or "Yankees") and the other MLB Entities (defined below) and each of their parent, subsidiary, affiliated and related entities (collectively the "Sweepstakes Entities"), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Sweepstakes and do not qualify as Participants. "Immediate family members" shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws", or by current or past marriage, remarriage, adoption, co-habitation or other familial extension. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC")(including its Bureaus, Committees, Subcommittees and Councils), MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), as well as each of their respective 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.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant's employer's policies regarding Participant's eligibility to participate in Sweepstakes, if any. Participant may be disqualified from entering into this Sweepstakes or receiving prizes if Participant's participation in this Sweepstakes is in violation of his or her employer's policies.
HOW TO ENTER:
Entry Period: The Sweepstakes begins at 9:00:01 AM Eastern Time ("ET") on July 13, 2018 and ends at 6:59:59 PM ET on September 30, 2018 (the "Entry Period").
Eligible Participants to the Sweepstakes may be given the option to receive (a) commercial email from Sponsor, Yankees and/or MLB.com, and/or (b) mobile text messages and updates from Yankees or MLB.com; however, eligibility to participate in the Sweepstakes is not dependent upon Participant's consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Disclaimer of Responsibility for Entries: The Sweepstakes Entities are not responsible for problems with Sweepstakes entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of the Sweepstakes Entities.
Multiple Entries Not Permitted and Entry Rollover: Limit one (1) entry per Participant. Multiple entries are not permitted. Participants found to have submitted multiple entries will be disqualified. Once properly entered into the Sweepstakes, the entry shall remain entered for all subsequent Sweepstakes drawings unless the entry is selected as a prize winner.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Performance Health, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Sweepstakes will be disqualified and subject to criminal prosecution.
Acceptance of Rules: By submitting an entry for this Sweepstakes, Participants affirm that they have read and accepted these Rules. Any entry information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by Participants at the time of the entry, and with these Rules.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sweepstakes Entities, the Sweepstakes Entities are not responsible for any problems which affect or result from participation or attempted participation in the Sweepstakes, including, but not limited to the following:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Performance Health's computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Electronic or technical difficulties;
- Equipment malfunctions; and
- Late, misdirected or lost entries.
One Prize Winner will be chosen by Performance Health in a random drawing from all eligible entries for every ten (10) "Quality Starts" by Yankees pitchers during the 2018 Major League Baseball regular season ("2018 Season") after the commencement of the Sweepstakes ("Quality Start Event") up to a maximum of five Quality Start Events. Only eligible entries received prior to the MLB scheduled start time of the 10th Quality Start will be eligible for the drawing for that particular Quality Start Event. A "Quality Start" occurs when a Yankees starting pitcher completes at least six innings and allows no more than three earned runs while in the game.
Each drawing will take place within seven (7) days of the 10th Quality Start. The identified Prize Winner will be notified by phone or email using the information provided on the entry.
If five Quality Start Events do not occur between the commencement of the Sweepstakes and the end of the 2018 Season, then Performance Health will conduct a random drawing from all eligible entries for the remaining Prizes. For example, if only three (3) Quality Start Events occur between the commencement of the Sweepstakes and the end of the 2018 Season, then Performance Health will have two (2) additional random drawings within seven (7) days after the completion of the 2018 Season to select two (2) additional Prize Winners.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received prior to the particular drawing.
Five (5) total prizes will be awarded. Each Prize Winner will receive: (1) tickets for Prize Winner and one (1) guest to sit in the Delta SKY360 Suite for one (1) 2018 or 2019 (determined by Performance Health in its sole discretion) New York Yankees regular season home game, subject to availability and blackout dates (home games against the Boston Red Sox and New York Mets are excluded); (2) the opportunity for Prize Winner and their guest to view the Yankees pregame batting practice from the field prior to the game; and (3) an autographed baseball (each, the "Prize"). Total Approximate Retail Value of each Prize is $850.
Prize Winners will have their choice of game, subject to availability and certain blackout dates. Games against the Boston Red Sox and New York Mets are excluded.
Performance Health and the MLB Entities are not responsible for postponements, cancellations or delays in the game. Performance Health and the MLB Entities have no obligation to reimburse, refund or otherwise substitute the Prize for any reason, including but not limited to, postponements, cancellations or delays in the game.
ANY COSTS RELATING TO USE OF THE PRIZE NOT SET FORTH HEREIN (e.g. TRAVEL, TRANSPORTATION TO/FROM THE GAME, LODGING, PARKING, CONCESSIONS, etc.) ARE NOT INCLUDED IN THE PRIZE AND ARE THE SOLE RESPONSIBILITY OF EACH INDIVIDUAL PRIZE WINNER.
The Sweepstakes Entities (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty.
Seat locations at the game shall be determined in the sole discretion of Sponsor. 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 exact nature and duration of the field photo opportunity, pitcher award presentation opportunity and batting practice viewing opportunity shall be determined by Sponsor and New York Yankees at their sole discretion and subject to availability and the rules and regulations of the New York Yankees and Major League Baseball.
The terms and conditions of the tickets awarded as part of any Prize will govern in the event a 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 Prize Winner and their guests agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. The Sweepstakes Entities reserve the right to remove or to deny entry to any Prize Winner and/or their guests 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. The Sweepstakes Entities are not 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, commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition tickets.
Each Prize Winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any Prize Winner winning $600 or more in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
HOW TO CLAIM A PRIZE:
Prerequisites to Prize Award: Prior to receiving the Prize, each Prize Winner will be required to provide (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Performance Health reserves the right to deny awarding the Prize if the Prize Winner fails to provide satisfactory identification, as determined in Performance Health's sole discretion.
Each Prize Winner is required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and, where not prohibited by law, a Publicity Release before the Prize is awarded. By entering the Sweepstakes, each Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the Prize.
Claiming the Prize: Performance Health will send each Prize Winner any required documents which need to be completed via electronic mail. The Prize Winner must execute and return the completed forms within five (5) business days of receipt of the forms. Failure to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the Prize.
Once Performance Health receives the completed forms and/or all other prerequisites have been satisfied, Performance Health will coordinate ticket delivery with the Prize Winner.
Prize Forfeiture: Where the potential winner is found to be ineligible or to have violated any Rules, or if Performance Health is unable to contact such potential winner within five (5) days after selection for any reason, the Prize may be forfeited. Any such forfeiture decision will be made solely by Performance Health. Performance Health reserves the right, in its sole discretion, to award the unclaimed Prize to another Participant or not to award the unclaimed Prize.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to the Sweepstakes Entities that they (i) meet the eligibility requirements at the time of entry; (ii) agree to abide and be bound by these Rules, and by all applicable laws and regulations, and the decisions of Performance Health; and (iii) waive any rights to claim ambiguity with respect to these Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Performance Health Holdings, Inc. and any other of the Sweepstakes Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, volunteers, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the "Released Parties"), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to injuries from released bats or thrown or batted balls or other objects and acts of others while attending the baseball game, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to the Prize (or portion thereof) and/or their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to injuries from released bats or thrown or batted balls or other objects and acts of others while attending the baseball game, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to the Prize (or portion thereof) and/or their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Unless prohibited by applicable law, each Participant authorizes and irrevocably grants to Performance Health and the other Sweepstakes Entities (as defined above) permission to, from time to time, reference and discuss such Participant and their participation in the Sweepstakes on their website, in photographs, video recordings, digital images, audio recordings, publications, newsletters, news releases, promotional or other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Performance Health and/or the other Released Parties deem proper. Such reference and discussion may include (but not be limited to) Participant's name and other personal/biographical material.
Each Participant agrees to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Performance Health, in its sole discretion, further reserves the right to disqualify any person for (i) tampering with the entry process or the operation of the Sweepstakes; (ii) gaining an unfair advantage in participating in the Sweepstakes; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THE SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE ASSOCIATED WITH THE SWEEPSTAKES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PERFORMANCE HEALTH AND THE OTHER SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Performance Health reserves the right in its sole discretion to supplement or make changes to these Rules at any time without notice. Performance Health also reserves the right in its sole discretion to interpret the Rules, and such interpretation shall be binding upon all Participants.
GOVERNING LAW AND JURISDICTION:
This Sweepstakes shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflict of laws principles. By entering the Sweepstakes, Participants hereby submit to the exclusive jurisdiction and venue of the federal and state court(s) residing in DuPage County, Illinois and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of the Sweepstakes. As a condition of entering this Sweepstakes, each Participant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes awarded may not and shall not be consolidated or joined with or in any other proceeding involving disputes, claims, controversies or causes of action of any other party.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Biofreeze Yankee Stadium Experience Sweepstakes Official Rules, 28100 Torch Parkway, Suite 700, Warrenville, Illinois 60555 or by visiting www.yankees.com/biofreeze.
For a list of the Sweepstakes Winner(s) send a self-addressed, stamped envelope to: Biofreeze Yankee Stadium Experience Sweepstakes Winners List, 28100 Torch Parkway, Suite 700, Warrenville, Illinois 60555 or by visiting www.yankees.com/biofreeze.
Performance Health Holdings, Inc.
28100 Torch Parkway, Suite 700
Warrenville, Illinois 60555
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