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 ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the 2014 Marlins Think Tank Art Contest ("Contest") is for a parent or legal guardian to submit an original work of art made by his/her child aged eighteen (18) years or younger (the "Submission") which fits the theme of "Marlins Holiday Series." You can use the logos and the other graphics for your artwork! Create photo collages, paintings or drawings. Staff members of Miami Marlins, L.P. (the "Judges" or "Sponsor") will select the most compelling Submissions in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winners (defined below).
ELIGIBILITY: The Contest is open only to legal residents of the State of Florida who are (i) eighteen (18) years of age or older at the time of entry, and (ii) the parent or legal guardian of a child aged eighteen (18) years or younger. Employees, officers and 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 Sponsor, the other MLB Entities (defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest 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 Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside Florida and where prohibited or restricted by law, rule or regulation.
CONTEST PERIOD:The Contest begins at 9:00 AM Eastern Time ("ET") on Tuesday, October 21, 2014, and ends at 11:59 AM ET on Friday, November 21, 2014 (the "Contest Period").
HOW TO ENTER: There are two (2) methods of entering the Contest: mail-in or in-person. To enter, participants must read and consent to these Official Rules during the Contest entry process and submit a Submission pursuant to (a) the Submission Requirements (set forth below), and (b) the Content Restrictions (set forth in the Content Restrictions section below). Submissions become the property of Sponsor and will not be returned.
1. Mail-in Method:During the Contest Period, eligible artwork needs to include: artist's name & contact info, school, and grade. Then submitted to:
c/o Marlins Think Tank Art Contest
501 Marlins Way
Miami, Florida 33125
2. In-Person Method: During the Contest Period, visit the Marlins' office at Marlins Park (501 Marlins Way, Miami, FL 33125) during normal business hours, attach your Submission and sign a copy of the Contest Official Rules to indicate your agreement to such rules. Contest entry forms and copies of the Contest Official Rules will be made available by Sponsor at the Marlins' office.
Submission Requirements: Eligible artwork needs to include: artist's name & contact info, school, and grade. Create photo collages, paintings or drawings. Artwork size must be no smaller than 8.5 inches by 11 inches. 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. By submitting all required information, you will be entered in the Contest and be a "Participant."
JUDGING: The Judges will judge all eligible Submissions to determine the three (3) most compelling Submissions based on the following judging criteria:
Three (3) prizes will be awarded as follows:
Grand Prize: One (1) Grand Prize will be awarded. The Grand Prize Winner will receive (a) two (2) tickets for Winner and one (1) guest to one (1) 2015 regular season Marlins game to be played at Marlins Park in Miami, FL on a date determined by Sponsor at its sole discretion (the "Game"); (b) two (2) VIP passes to be used by Winner and his/her one (1) guest to view batting practice from the field prior to the Game; (c) the opportunity for Winner to be recognized in a pre-game recognition ceremony at the Game; (d) one (1) autographed Marlins item determined by Sponsor at its sole discretion; and (e) 100 printed cards of the winning Submission (the "Grand Prize"). (Approximate Retail Value ("ARV") of Grand Prize: $750.)TRANSPORTATION TO/FROM THE CEREMONY AND THE GAME AND PARKING AND LODGING NOT INCLUDED.
Honorable Mention Prizes: Two (2) Honorable Mention Prizes will be awarded. Each Honorable Mention Prize Winner will receive (a) two (2) tickets for Winner and one (1) guest to the Game; (b) the opportunity for Winner to be recognized in a pre-game recognition ceremony at the Game; and (c) one (1) autographed Marlins item determined by Sponsor at its sole discretion (each, a "Honorable Mention Prize" and together with the Grand Prize, the "Prizes"). (ARV of each Honorable Mention Prize: $250.) TRANSPORTATION TO/FROM THE CEREMONY AND THE GAME AND PARKING AND LODGING NOT INCLUDED.
All prize details, including the exact nature, duration, time and location of ceremony, the exact nature and duration of the on-field batting practice viewing experience and the date and seat locations at the Game, to be determined in the sole and absolute discretion of Sponsor. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute a Prize (or portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.
The Winners are 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 Winner. All prize details are at the sole discretion of the Sponsor. Limit one (1) Prize per person, family or household. Each 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 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 any 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. Each Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest(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 (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 tickets.
CONTEST ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
CONSENT, ASSIGNMENT AND RELEASE: In exchange for the opportunity to participate in this Contest, and the possibility of the use of Participant's Submission and/or the Participant's appearing in an audio and/or visual production, the receipt of which opportunities shall be sufficient consideration for this Consent, Assignment, and Release, each Participant does hereby:
(1) 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 Sponsor under the terms of these Official Rules;
(2) consent to the collection by Sponsor (or its designee) of his/her personal information, including without limitation name, street and email addresses (the "Personal Information") in connection with the Submission;
(3) assign to Sponsor, 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 Sponsor (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 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 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. Sponsor shall be the sole and exclusive owner of the Submission;
(4) agree that the foregoing assignment of rights 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;
(5) acknowledge and agree, with respect to the Personal Information, that MLB Entities shall have the right (subject to applicable law) to (i) incorporate certain of the Personal Information into the 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;
(6) acknowledge that Participant shall have no right of approval of any use of the Submission and the Personal Information as permitted hereunder;
(7) agree that Participant shall use any copy of the Submission that he/she obtains solely for his/her personal, non-public, non-commercial use; and
(8) 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, any Prize, 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) appears with the Participant in the Submission but does not submit a separate Consent, Assignment, and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant 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 Participant is the parent and/or legal guardian of such individual(s) with legal authority to act on behalf of such individual), and (ii) that Participant agrees to this Consent, Assignment, and Release on behalf of such individual(s).
CONTENT RESTRICTIONS: Participants must not include any of the following content (the "Content Restrictions") in any Submission: (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, discrimination, 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 Submission is created. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential winner will be notified by e-mail and/or telephone by Sponsor and/or MLBAM and may (in Sponsor's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event that a potential winner does not respond to such Prize Notification within one (1) day of date of issuance or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting an alternate potential winner may be chosen from among all remaining eligible Submissions. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within one (1) day of date of receipt. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, the return of such documents, the Prize (or any portion thereof) or Prize Notification as undeliverable, or noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Submissions.
All applicable federal, state, and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, Miami Marlins, L.P., Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC, City of Miami, Miami-Dade County, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for illegible, lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, 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 Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, selections or registrations, the tabulation of scores, the cancellation of games or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of Prize Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of any Prize (or any portions thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each Participant agrees to indemnify, hold harmless and fully release the Released Parties 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 Contest, Contest-related activity, Participant's Submission, or resulting from the acceptance, possession, quality, use or misuse of any Prize (or any portion thereof) including any travel or activity related thereto.
The Contest is a skill contest designed to increase consumer awareness of and interest in Major League Baseball and MLB.com, the Official Site of Major League Baseball. This Contest may not be used for, or in connection with, any form of gambling.
INTERNET: If the Contest 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 Contest, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and if terminated, to determine the Winners, 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, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT AND SPONSOR, THE OTHER MLB ENTITIES AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries must include a valid e-mail address for the Participant. In case of multiple entries received from any person or email address or household, only the first entry received from such person or email address or household will be considered. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning Submission will be declared made by the "Authorized Account Holder" of the e-mail 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 e-mail address for the domain associated with the submitted e-mail address.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participants who are disqualified due to such an action.
As a condition of entering this Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, 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 Miami-Dade County, Florida 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 Florida, U.S.A, applicable to contracts entered into and performed exclusively in that State.
RULES/WINNERS INFORMATION: For Winner information (available after December 9, 2014) or an additional copy of the Official Rules, mail a self-addressed, stamped envelope to: Miami Marlins, 501 Marlins Way, Miami, FL 33125. Specify "Marlins Think Tank Art Contest."
SPONSOR:The Sponsor of this Sweepstakes is Miami Marlins, L.P., 501 Marlins Way, Miami, FL 33125
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