“2014 MLive | Whitecaps Ticket Sweepstakes_”
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR
PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A
purchase will not improve chances of winning.
CONSUMER
DISCLOSURE
You
have not yet won.
OPEN
ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO
ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By
entering this Promotion, entrants accept and agree to be bound by these
Official Rules. Any violation of these
rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this
Promotion are final and binding in all respects.
1. PROMOTION
PERIOD. Promotion
begins May 1, 2014 8:00 am ET and ends August 25, 2014 11:59 pm ET, when all
entries must be received (“Promotion Period”).
2. ELIGIBILITY. This sweepstakes (the “Promotion”) is only
open to legal residents of the 50 legal residents of the 50 United States and
District of Columbia who are at least 18 years old as of the date of entry,
except officers, directors, members, and employees of
the Sponsor, the judging organization (if applicable), or
any other party associated with the development or administration of this
Promotion, and the immediate family (i.e., parents, children, siblings,
spouse), and persons residing in the same household, as such individuals. This
Promotion is void outside the 50 United States and the District of Columbia,
and where prohibited.
3.
HOW TO
ENTER. Visit www.mlive.com/capstickets during
the Promotion Period and follow the instructions to complete and submit the
entry form. All entries become the property of the Sponsor and will not be
acknowledged or returned. Limit: One
entry per person and one entry per e-mail address during the Promotion Period. All entrant information, including e-mail
addresses, is subject to the respective Privacy Policy of the applicable Sponsor.
4.
WINNER SELECTION
AND NOTIFICATION. Winner selection
will be conducted by random drawing from all eligible entries on or about five
(5) business days before the eligible game date (the “Drawing Date”) – eligible
game dates include May 6, 2014, May 17, 2014, May 29, 2014, June 7, 2014, June
22, 2014, July 2, 2014, July 18, 2014, July 30, 2014, August 12, 2014, and
September 1, 2014. Any potential winner will
be notified by mail, email and/or telephone.
If a potential winner: (i) cannot be
contacted; (ii) does not respond within five (2) days from the date the Sponsor
first tries to notify him/her; (iii) fails to return the Affidavit and Release
as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize
notification is returned as undeliverable, such potential winner forfeits all
rights to win the Promotion or receive the prize, and an alternate potential winner
may be selected. Upon contacting a
potential winner and determining that he/she has met all eligibility
requirements of the Promotion, including without limitation the execution of
required waivers, publicity and liability releases and disclaimers, such
individual will be declared the “winner” of the Promotion.
5.
PRIZE DESCRIPTION. There will be one (1) winner per eligible
game date - eligible game dates include May 6, 2014, May 17, 2014, May 29,
2014, June 7, 2014, June 22, 2014, July 2, 2014, July 18, 2014, July 30, 2014,
August 12, 2014, and September 1, 2014. The prize(s) are four (4) reserved seat
tickets to the eligible game date of the 2014 Whitecaps baseball season. The approximate retail
value of the prize(s) is/are $42.00.
6. TAXES. All federal, state and/or local income and
other taxes, if any, are the winner’s sole responsibility.
7. ODDS
OF WINNING. The odds of winning this
Promotion depend on the number of eligible entries received.
8. NO
PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is
transferable or redeemable for cash. Any
portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor,
in which case a prize of equal or greater value will be substituted.
9. CONSENT
AND RELEASE. By entering the
Promotion, each entrant releases and discharges the Sponsor, judging
organization (if applicable), and any other party associated with the
development or administration of this Promotion, their parent, subsidiary, and
affiliated entities, and each of their respective officers, directors, members,
shareholders, employees, independent contractors, agents, representatives, successors
and assigns (collectively, “Sponsor Entities”), from any and all liability
whatsoever in connection with this Promotion, including without limitation
legal claims, costs, injuries, losses or damages, demands or actions of any
kind (including without limitation personal injuries, death, damage to, loss or
destruction or property, rights of publicity or privacy, defamation, or
portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner,
without further compensation, to use the name and likeness of such winner for
editorial, advertising and publicity purposes by the Sponsor and/or others
authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by
any winner of the Sponsor Entities of any and all Claims in connection with the
administration of this Promotion and the use, misuse, or possession of any
prize; (iii) any potential winner may be required to sign an affidavit of
eligibility (including social security number) and a liability/publicity
release; and (iv) if prize involves travel or activities, any potential winner
and travel companion (if applicable) may be required to execute releases of the
Sponsor from any and all liability with respect to participation in such
travel/activities and/or use of the prize. Affidavits and releases must be returned
within ten (10) days from the date that Sponsor first tries to notify the
potential winner. If winner is deemed to be a minor under
the jurisdiction of his/her residence, the prize will be awarded in the name of
his/her parent or legal guardian who must execute the necessary affidavit and
release and, if applicable, must accompany winner on the trip (no additional
travel expenses will be awarded should a parent or legal guardian be required
to accompany the winner on the trip).
10. DISCLAIMERS. (i) Sponsor not
responsible for entries that are lost, late, misdirected, incorrect, garbled,
or incompletely received, for any reason, including by reason of hardware,
software, browser, or network failure, malfunction, congestion, or
incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be
deemed submitted by the authorized account holder of the e-mail address
submitted at the time of entry.
“Authorized account holder” is defined as the natural person who is
assigned to an e-mail address by an Internet Access Provider, online service
provider, or other organization (e.g., business, educational institute)
that is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. (ii)
Sponsor, in its sole discretion, reserves the right to disqualify any person
tampering with the entry process or the operation of the web site or otherwise
attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to
enter is prohibited and may result in disqualification at the sole discretion
of Sponsor. (iii) Sponsor further
reserves the right to cancel, terminate or modify the Promotion if it is not
capable of completion as planned, including by reason of infection by computer
virus, bugs, tampering, unauthorized intervention, force majeure or technical
failures of any sort. (iv) Sponsor
Entities are not responsible for errors in the administration or fulfillment of
this Promotion, including without limitation mechanical, human, printing,
distribution or production errors, and may cancel, terminate or modify this
Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for
awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled
or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a
random drawing from among all eligible entries received up to the date of
discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES,
REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS
REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS
PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
(INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE
FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s)
of the prize(s) set forth above represent Sponsor’s good faith determination of
the approximate retail value(s) thereof; the actual fair market value(s) as
ultimately determined by Sponsor are final and binding and cannot be challenged
or appealed. In the event the stated
approximate retail value(s) of a prize is more than the actual fair market
value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given
for any portion of the prize that is not used.
11. APPLICABLE
LAWS AND JURISDICTION. This Promotion
is subject to all applicable federal, state, and local laws and
regulations. Issues concerning the
construction, validity, interpretation and enforceability of these Official
Rules shall be governed by the laws of the State of New York, without regard to
any principles of conflict of laws. All
disputes arising out of or connected with this Promotion will be resolved
individually, and without resort to class action, exclusively by a state or
federal court located in New York, New York.
Should there be a conflict between the laws of the State of New York and
any other laws, the conflict will be resolved in favor of the laws of the State
of New York. To the extent permitted by
applicable law, all judgments or awards shall be limited to actual
out-of-pocket damages (excluding attorneys’ fees) associated with participation
in this Promotion and shall not include any indirect, punitive, incidental
and/or consequential damages.
12. WINNER LIST. For a list containing the name(s) of the winner(s),
send a self-addressed stamped envelope, within six (6) months of the Drawing
Date, to: Winner List, “2014 MLive |
Whitecaps Ticket Sweepstakes”, MLive Media Group, 169 Monroe Ave NW, Grand
Rapids, MI 49503.
13. SPONSORSHIP. This Promotion is sponsored by MLive Media
Group, 169 Monroe Ave NW, Grand Rapids, MI 49503 and Whitecaps Professional
Baseball, 4500 West River Dr, Comstock Park, MI 49321 (individually and
collectively, the “Sponsor”).
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