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All-Star Game 2013

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#ASGAPPLES INSTAGRAM SWEEPSTAKES (THE "SWEEPSTAKES")
OFFICIAL RULES

NO PURCHASE OR SUBMISSION OF PHOTOS NECESSARY TO ENTER OR WIN. A PURCHASE OR SUBMISSION OF PHOTOS WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

ENTRY PERIOD: The Sweepstakes begins at 7:59 p.m. Eastern Time ("ET") on June 10, 2013, and ends at 11:59 a.m. ET on July 15, 2013 ("Entry Period"). 

PRIZE:  One (1) Prize Will Be Awarded.  The Winner will receive two (2) tickets for Winner and one (1) guest to attend one (1) 2013 MLB World Series game on a date to be determined by Sponsor (the "Prize"). Approximate retail value ("ARV"): $300. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. 

PRIZE NOTIFICATION RESPONSE TIME:  Three (3) days from the time of issuance of Prize Notification (defined below) (the "Required Response Time").

WINNER’S LIST:  For the Winner’s name (available after August, 12, 2013), mail a self-addressed stamped envelope to: Apples On Parade Sweepstakes, 75 Ninth Avenue, 5th Floor, New York, NY 10011.  Winner’s list requests must be received by December 30, 2013.   

SPONSOR: The Sponsor of this Sweepstakes is MLB Advanced Media, L.P. 75 Ninth Avenue, 5th Floor, New York, NY, 10011.

HOW TO ENTER: There are two (2) ways to enter: online or by mail.  No other method of entry will be accepted. Limit one (1) Entry per person/e-mail address/household/Instagram account, regardless of method of entry. Additional Entries beyond the specified limit will be void.

 

  1. Online Method:  To enter online, you must (a) have a valid, public Instagram account; (b) create and post fifteen (15) or more original photos, each capturing one (1) of the MLB All-Star Game Apples on Parade located throughout New York City, NY (each, a "Photo" and collectively, the "Photos") and include the hashtag #ASGapples (the "Hashtag") pursuant to the (i) Content Restrictions (as set forth in the Content Restrictions section below), and (ii) the Instagram Terms of Use available at http://instagram.com/about/legal/terms/. Only publicly viewable Instagram images containing the Hashtag will be considered valid entries. If you do not have an Instagram account, visit www.Instagram.com or download the free Instagram application and register in accordance with the enrollment instructions for a free Instagram account; and (c) go to allstargame.com and click on the Sweepstakes banners, buttons and/or links to access the online entry form for the Sweepstakes. By successfully transmitting a completed online entry form as directed, including submitting your Instagram profile URL as directed, and creating and posting fifteen (15) or more Photos with the Hashtag (each, an "Entry" and collectively, the "Entries") during the Entry Period you will be entered in the Sweepstakes. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, MLB.com’s Terms of Use accessible at: http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp and Privacy Policy accessible at: www.mlb.com/privacy.  Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate Entries are void. All online Entries must include a valid email address for the entrant.  Online entrants to the Sweepstakes may be given the option to receive (a) commercial emails from MLB.com, and/or (b) mobile text messages and updates from MLB.com; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’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 any entrant’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. In case of multiple Entries received from any person or Instagram account, only the first Entry received from such person or Instagram account will be considered. Any Entry that does not comply with the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.

 

  1. Mail-in Method:  If you would like to enter the Sweepstakes without having to create or post Photos, you may enter the Sweepstakes by hand-printing your complete name, your date of birth, your mailing address (including city, state & zip), your daytime phone number (including area code) and e-mail address (optional) on a 3"x5" postcard and mailing in an envelope with proper postage affixed to: Apples On Parade Sweepstakes, 75 Ninth Avenue, 5th Floor, New York, NY (an "Entry"). Mail-in Entries must be postmarked by July 15, 2013, and received by Sponsor by July 22, 2013, to be eligible.  Mail-in Entries become the property of Sponsor and will not be returned.

 

NOTE: PHOTOS WILL NOT BE UTILIZED IN THE SELECTION OF WINNER. Sponsor will use e-mail addresses provided via the Online and Mail-in entry methods for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s provision of this information. 

ELIGIBILITY:  The Sweepstakes is open only to legal residents of the fifty (50) United States and Washington D.C. who are eighteen (18) years or older (except in the case of legal residents of certain states or Washington D.C. where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry.  Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and any person residing in their same households, whether or not related) of MLB Advanced Media, L.P. ("MLBAM", "MLB.com" or "Sponsor"), the other MLB Entities, the Promotion Parties and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win a prize.  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 Enterprises, Inc., Major League Baseball Properties, Inc., 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 "Promotion Parties" shall mean any and all entities who own and/or operate venues, buildings or the like on or around where the "Apples on Parade" are located.  The Sweepstakes is subject to all applicable federal, state, local laws and regulations.  Void where prohibited or restricted by law, rule or regulation.

RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or around July 22, 2013, from among all eligible Entries received.  Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the "Winner"). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes.  Odds of winning depend on the total number of eligible Entries received.

PRIZE CONDITIONS:  All Prize details shall be determined in the sole and absolute discretion of Sponsor. Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes).  All costs and expenses associated with 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 Winner.  Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion.  Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.  Seat locations at the game shall be determined in the sole discretion of Sponsor. Winner’s companions must be of legal age of majority in their jurisdictions 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 the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason.  Winner and his/her guest agree to comply with all applicable ballpark regulations in connection with the Prize.  Sponsor and the other applicable MLB Entities reserve the right to remove or to deny entry to Winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition.  Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition.  Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).

PUBLICATION, LICENSE AND RELEASE: By entering the Sweepstakes and submitting an Photo, each entrant: (a) agrees that his/her Photo is an original work of authorship and that he/she owns all right, title and interest in the Photo as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Photo to submit it for possible use as provided herein; (b) agrees that his/her Photo does not violate the MLB.com Terms of Use or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to MLBAM and each of its designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her Photo throughout the world and in perpetuity, including, but not limited to, the right for MLBAM to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Photo via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the participant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release 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 Photo, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement 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.

CONTENT RESTRICTIONS: Participants must not include any of the following content (the "Content Restrictions") in any Photo: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Photo is created. Any entrant that submits a Photo that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.

NOTIFICATION:  The potential winner will be notified by e-mail, telephone mail and/or Instagram (in the sole discretion of Sponsor) (the "Prize Notification").  In the event that the potential winner does not respond to any such Prize Notification within the Required Response Time, a disqualification will result and Prize will be forfeited, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be chosen from among all remaining eligible Entries received. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, where legal, Publicity, within five (5) days of the date of issuance.  Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize or Prize Notification as undeliverable may result in disqualification and Prize will be forfeited and, at Sponsor’s sole discretion, may cause an alternate potential winner to be chosen from among all remaining eligible Entries received.

WAIVER OF LIABILITY/PUBLICITY RELEASE:  By participating in the Sweepstakes and submitting an Entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the MLB Entities, Promotion Parties, Facebook, Apple, Inc. and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective 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 Sweepstakes or from the receipt or use 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 entering this Sweepstakes, each entrant gives his/her express permission to be contacted by MLBAM by telephone, email and/or postal mail for Sweepstakes purposes.  Each Winner, by acceptance of a Prize, grants to MLBAM and each of its designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/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.

GENERAL CONDITIONS:  Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email 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 and/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 email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-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, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to participants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void.  Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by MLBAM and/or its agents.  Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion.  Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

MLBAM reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof).  In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible Entries received up to the time of such cancellation. MLBAM also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR ITS 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.

Entries generated by a script, macro or other mechanical or automated means will be disqualified.  In the event of dispute as to the identity or eligibility of any potential winner based on an email address, the winning Entry will be declared made by the "Authorized Account Holder" of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules.  The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.

As a condition of entering this Sweepstakes, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in 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; 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 New York, 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 Sweepstakes. All entry data provided via the online entry form is provided to MLBAM and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.

Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.