Arizona Diamondbacks Foundation Play Ball Fund Grant Program (the "PBF Grant Program") Official Rules

Transcription

1 Arizona Diamondbacks Foundation Play Ball Fund Grant Program (the "PBF Grant Program") 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 NOMINATORS AND NOMINEES WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 1. GENERAL The object of the Arizona Diamondbacks Foundation Play Ball Fund Grant Program (the "Grant Program") is for Nominators to submit an original essay (the "Submission") that describes (a) why an Arizona youth baseball/softball team, league, or organization that is a registered 501(c)3 entity, school, municipality, or other nonprofit organization to which Nominator is directly affiliated ("Nominees") deserves to receive a One Thousand Dollar ($1,000.00) grant ("Grant") from the Arizona Diamondbacks Foundation Play Ball Fund for equipment, facility upgrades, training, or operating expenses, and (b) the impact the Nominee has on the community. Staff members of the Foundation (the "Judges") will select up to ten (10) most deserving Nominees for each Entry Period in accordance with these Official Rules and based upon criteria set forth in Section 5 below. The Foundation (as defined below) will consider Nominees in youth sports other than baseball and softball, but priority will be given to baseball/softball. Nominees are only eligible to receive one (1) Nominee Award (defined below) throughout the PBF Grant Program. 2. ELIGIBILITY To submit a Submission, you must be a legal resident of Arizona at least eighteen (18) years of age at the time of entry ("Nominators"). Submissions with references to persons under the age of thirteen (13) shall only be to such person's first name. All Nominators (a) must obtain consent from an authorized member/representative of the Nominee prior to entering; and (b) may be required to return to the Foundation, as directed, such Nominee authorized member/representative's written consent ("Nominee Consent"). Any Submission (i) to which Nominee has not consented; or (ii) for which the Foundation does not receive any required written Nominee Consent, will be void, eliminated and not eligible for consideration. Nominee Consent is subject to verification by the Judges. Employees, officers and

2 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 Arizona Diamondbacks Foundation, Inc. (the "Foundation"), AZPB Limited Partnership dba "Arizona Diamondbacks", Western Refining Southwest, Inc., JPMorgan Chase & Co., the MLB Entities (as defined below), AZPB REM Limited Partnership, AZPB FM Limited Partnership, and each of their respective parent, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the PBF Grant Program are not eligible to participate either as a Nominee or Nominator. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), 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"), 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 PBF Grant Program is subject to all applicable federal, state and local laws, rules and regulations. Void outside Arizona and where prohibited or restricted by law, rule or regulation. 3. ENTRY PERIOD The PBF Grant Program begins on March 1, 2016, at 12:00 a.m. Mountain Standard Time ("MST") and ends on August 31, 2016, at 11:59 p.m. MST (the "PBF Grant Program Period"). The PBF Grant Program Period shall be divided into six (6) entry periods (each, an "Entry Period") as set forth in the table below. 4. HOW TO ENTER To enter, Nominators must log on to during an Entry Period and click on the Baseball/Softball Team, League, or Organization of the Month banners, buttons and/or links to access the online entry form for the PBF Grant Program. To enter, Nominators must read and consent to these Official Rules during the PBF Grant Program entry process. Nominators must also provide all required information noted on the form, including, without limitation, their complete name, date of birth, address, city, state, ZIP/postal code, telephone number, address, and Submission pursuant to (a)

3 the Submission Requirements (as set forth below), and (b) the Content Restrictions (as set forth in Section 9 below). Nominators may be given the option to receive (i) commercial s from dbacks.com and/or MLB.com and/or (ii) mobile text messages and updates from dbacks.com and/or MLB.com; however, eligibility to participate in the PBF Grant Program is not dependent upon Nominator's consent to receive such s or mobile text messages and updates and consenting to receive any such s and/or mobile text messages and updates will not impact any Nominator'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: Nominators must submit their Submission as directed during the PBF Grant Program entry process. Submissions must be in the English language and must not exceed five hundred (500) words in length. Online entry only. No other method of entry will be accepted. Nominators are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission. All Submissions must include a valid address for the Nominator. All information submitted by Nominators is subject to, and will be treated in a manner consistent with, MLB.com's Terms of Use accessible at: and Privacy Policy accessible at: Nominators must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate Submissions are void. Limit one (1) entry per person/ address/household per Entry Period. In case of multiple Submissions received from any person or address or household per Entry Period, only the first Submission received from such person or address or household will be considered for such Entry Period. Submissions that do not comply with the Submission Requirements, the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. 5. EVALUATION The Judges will evaluate all eligible Submissions based on the following criteria: (a) Nominee's projected use of Grant (33%); (b) Nominee's financial need (33%); and (c) Nominee's community impact (34%). Following each Entry Period, the Judges will evaluate all eligible Submissions received for such Entry Period to determine up to ten (10) Nominees most deserving of the Grant ("Deserving Nominee"). Each of the Submissions for which Nominee was selected as a Deserving Nominee, as determined by the Judges, will be a winning Submission (each, a "Winning Submission"). Subject to verification of eligibility and compliance with these Official Rules, each Nominator that submitted a Winning Submission, as determined by the Judges, will be a winner (each, a "Winner" and collectively, the "Winners"). Nonwinning eligible Submissions from one Entry Period will not carry forward to or be eligible for any subsequent Entry Period. In the event of a tie among any potential Winning Submissions, the score for community impact will be used as the tiebreaker.

4 6. NOMINEE AWARDS AND NOMINATOR PRIZES Nominee Awards: Up to sixty (60) Nominee Awards will be awarded (i.e., up to ten [10] per Entry Period). Subject to Nominee Consent (as defined in Section 2), each Deserving Nominee will receive one (1) Grant. (Approximate Retail Value ["ARV"] of each Nominee Award: $ ) Limit one (1) Nominee Award per Nominee. Nominator Prizes: Up to sixty (60) Nominator Prizes will be awarded (i.e., up to ten [10] per Entry Period). Each Winner will receive four (4) lower level tickets for the Winner and up to three (3) guests directly affiliated with Deserving Nominee ("Game Attendees") for one (1) 2016 Arizona Diamondbacks regular season home game to be mutually agreed upon by the Foundation and Deserving Nominee; and the opportunity for the four (4) Game Attendees to participate in a pregame on-field recognition (each, a "Nominator Prize," collectively, the "Nominator Prizes" and together with the Nominee Awards, the "Prizes"). (ARV of each Nominator Prize: $ ) TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Limit one (1) Nominator Prize per person, family or household. The Prizes are non-transferable and non-assignable, with no cash redemptions except at the Foundation's sole and absolute discretion. All Prize details shall be determined in the sole and absolute discretion of the Foundation. Each Winner and Deserving Nominee is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner and Deserving Nominee. The Foundation 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. Additional Prize conditions applicable to the Nominator Prizes: The exact nature and duration of the onfield recognition shall be determined in the sole and absolute discretion of the Foundation. Each of the Game Attendees must be 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 the Nominator 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 of the Game Attendees agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Nominator Prize. The Foundation and the applicable MLB Entities reserve the right to remove or to deny entry to any Game Attendee(s) 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 part of any Nominator Prize may not be resold or offered for resale or used for any commercial or promotional purposes whatsoever. Any such resale or commercial or promotional use may result in disqualification and Nominator Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).

5 7. PBF GRANT PROGRAM ADMINISTRATION The Foundation will be responsible for resolving any disputes and rules violations that arise in connection with the PBF Grant Program. All decisions by the Foundation regarding the PBF Grant Program shall be final and binding in all respects. 8. CONSENT, LICENSE AND RELEASE In exchange for the opportunity to participate in this PBF Grant Program, and the possibility of the use of Nominator's Submission and/or the Nominator 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 Nominator, on behalf of him/herself and the Nominee (if and to the extent applicable), does hereby: (a) 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 the Foundation and/or MLBAM under the terms of these Official Rules; (b) consent to the collection by the Foundation and/or 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 address(es) (the "Personal Information") in connection with the Submission; (c) grant to the Foundation, 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 the Foundation 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 Nominator 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; (d) 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; (e) 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

6 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; (f) acknowledge that Nominators shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder; (g) agree that Nominator shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and (h) 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) is included by the Nominator in the Submission but does not submit a separate Consent, License and Release, the Nominator hereby represents and warrants (i) that such individuals(s) has authorized Nominator to agree to this Consent, Assignment 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 Nominator is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual), and (ii) that Nominator agrees to this Consent, License and Release on behalf of such individual(s). 9. CONTENT RESTRICTIONS Nominators must not include any of the following content (the "Content Restrictions") in any Submission: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, alcohol or drugs; (h) dangerous stunts; (h) real weapons of any kind including, but not limited to, guns, knives or projectiles; (i) 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; (j) individuals under legal age of majority without providing a signed release from parent or legal guardian; (k) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (l) 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 the Foundation, will be disqualified and eliminated from consideration.

7 10. NOTIFICATION Each potential winner will be notified by and/or telephone by the Foundation and/or MLBAM and may (in the Foundation's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event that any potential winner does not respond to such Prize Notification or declines the Prize for any reason, the Foundation may attempt to contact an authorized member/representative of the potential Deserving Nominee directly by and/or telephone at the Foundation's sole discretion. If neither the potential winner nor potential Deserving Nominee can be contacted within three (3) days of the date of issuance, a disqualification will result, the Prize will be forfeited and, at the Foundation's sole discretion and time permitting, an alternate potential winner shall be chosen from among all remaining eligible Submissions received for the applicable Entry Period. In the event that the potential winner cannot be reached, but the Foundation is able to contact an authorized member/representative of the potential Deserving Nominee, the Nominator Prizes will be awarded to the Deserving Nominee. Each potential winner may be required to submit his/her valid social security number and/or other identification to the Foundation 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 receipt. Any potential winner whose Submission constitutes a Nomination, the applicable Nominee will be required to execute, have notarized and return a Release of Liability and, unless prohibited by law, Publicity, and any other documentation required by the Foundation within three (3) days of the date of issuance. A disqualification and Prize forfeiture will result and, at the Foundation's sole discretion and time permitting, an alternate potential winner will be selected from among all remaining eligible Submissions received for the applicable Entry Period if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents, the Prize (or any portion thereof) or Prize Notification as non-deliverable or any potential winner's noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at the Foundation's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Submissions received for the applicable Entry Period. 11. GENERAL CONDITIONS By participating in the PBF Grant Program, each Nominator, on behalf of him/herself and the Nominee, (a) accepts and agrees to be bound by these Official Rules, including all eligibility requirements, the MLB.com Privacy Policy and MLB.com Terms of Use; and (b) gives his/her express permission to be contacted by the Foundation and/or its representatives for PBF Grant Program administration purposes. All applicable federal, state, provincial and local laws and regulations apply. The Foundation's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The MLB Entities, the Foundation, Arizona Diamondbacks, Western Refining Southwest, Inc., JPMorgan Chase & Co., AZPB REM Limited Partnership, AZPB FM Limited Partnership, Sports & Entertainment Services, LLC, Maricopa County Stadium District, 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

8 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 submissions, for incorrect, inaccurate or incomplete entry information whether caused by a Nominator, 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 this PBF Grant Program, including, without limitation, errors or problems which may occur in connection with the offer or administration of this PBF Grant Program, the processing of Submissions, the tabulation of scores, the cancellation of games or any errors appearing in any PBF Grant Program- materials including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of Winners and/or Deserving Nominees or the distribution of the Prizes. The Foundation reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the PBF Grant Program. Released Parties make no warranties, express or implied, relative to the use or enjoyment of any Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the PBF Grant Program or by giving Nominee Consent, each Nominator and Nominee agrees to indemnify and 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 PBF Grant Program, PBF Grant Program-related activity, Nominator's Submission, or resulting from the acceptance, possession, quality, use or misuse of any Prize, or any portion of any Prize (or any portion thereof) including any travel or activity related thereto. 12. INTERNET If the PBF Grant Program 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 this PBF Grant Program, the Foundation reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the PBF Grant Program, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winners and Deserving Nominees, 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, Submissions. 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 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 Nominator's

9 or any other person's computer related to or resulting from participation or downloading any materials in this PBF Grant Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PBF GRANT PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PBF GRANT PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND THE FOUNDATION, 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 address, the winning entry will be declared made by the "Authorized Account Holder" of the 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 address for the domain associated with the submitted address. In the event that the PBF Grant Program is challenged by any legal or regulatory authority, the Foundation reserves the right to discontinue or modify the PBF Grant Program, or to disqualify Nominators residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Nominators who are disqualified due to such an action. 13. DISPUTE RESOLUTION; DISCLAIMERS As a condition of entering this PBF Grant Program or granting Nominee Consent, each participant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this PBF Grant Program, or any Prize awarded (each, a "Claim"), shall be (i) 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 (ii) settled by binding arbitration in the State of Arizona, Maricopa County 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 State of Arizona, 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 PBF Grant Program. All entry data provided via the online entry form is provided to the Foundation and/or MLBAM and not to Facebook. This PBF Grant Program is in no way sponsored, endorsed or administered by, or associated with, Facebook. The PBF Grant Program is designed to increase consumer awareness of and interest in Major League Baseball and MLB.com, the Official Site of Major League Baseball. This PBF Grant Program may not be used for, or in connection with, any form of gambling.

10 14. WINNER INFORMATION For Winner information, mail a request and a self-addressed, stamped envelope to be received by December 31, 2016, to: Arizona Diamondbacks Foundation Play Ball Fund Grant Program, P.O. Box 2095, Phoenix, AZ SPONSOR: The sponsor of this PBF Grant Program is Arizona Diamondbacks Foundation, Inc., P.O. Box 2095, Phoenix, AZ Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.