The object of the 2014 MLB Fan Cave Submission Program (the "Program") is to select "MLB Fan Cave Dwellers" who will be part of the MLB Fan Cave team during the 2014 MLB season (each, a "Cave Dweller"). Each Program participant may submit an original blog sample, an original Vine or video on Instagram or YouTube, his/her photo and resume by February 14, 2014, as detailed below (the "Submission") in an effort to be selected as a Cave Dweller. Major League Baseball Properties, Inc. ("Sponsor") and its consultants, which may include outside casting companies, creative consultants and/or others (the "Judges") will select the most compelling Submissions in accordance with these Official Rules and based upon criteria set forth in the Judging section below. Program entry forms will be available on http://MLBFanCave.com on or about October 3, 2013.
The Program is open only to legal residents of the United States, the District of Columbia, any territory, possession and commonwealth of the United States (collectively referred to herein as "territory"), and Canada (excluding residents of the Province of Quebec) who are twenty-one (21) years of age or older as of the date of his/her Submission. 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 (as 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 Program are not eligible to participate in the Program. 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"), The MLB Network, LLC, Tickets.com, Inc., SportsOnEarth, LLC and 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 Program is subject to all applicable federal, state, provincial and local laws, rules and regulations.
Submission entry period ("Entry Period") for all participants begins on November 11, 2013, at 9:00:01 AM ET and ends on February 14, 2014, at 11:59PM ET.
During the Entry Period, beginning on November 11, 2013 at 9:00:01 AM ET and ending February 14, 2014 at 11:59PM ET, each participant may visit http://MLBFanCave.com/ and complete the online entry form, submit a blog post (150 words or less), provide links to additional writing samples/Twitter feed, post a resume, upload a photo of him/herself, and submit a video via Vine, Instagram or YouTube showcasing why the participant deserves to be selected as a Cave Dweller pursuant to (1) the Submission Requirements (set forth below), and (2) the Content Restrictions (as set forth in the Content Restrictions section below).
Online entry only. No other method of entry will be accepted.
Submission Requirements: Each Participant must submit his/her Submission as directed during the Program entry process.
The Judges will judge all eligible Submissions based on the following criteria ("Judging Criteria"):
Sponsor will post on http://MLBFanCave.com/ the Judges' selection of Submissions (the "Semi-Finalist Submissions") that have the highest overall combined scores, as determined in the Judges' sole discretion, based on the Judging Criteria. fans will have the opportunity to vote for their favorite Semi-Finalist Submissions ("Fan Vote"). The Judges will consider the Fan Vote and overall combined scores on the Judging Criteria to select the top Submissions (the "Finalist Submissions").
Sponsor may invite Participants who submitted the Finalist Submissions to participate in additional activities as part of the Program ("Additional Activities") on dates selected by Sponsor; provided, however, that each such Participant must sign an agreement with Sponsor which will set forth the rules, requirements, terms and conditions, as determined in Sponsor's sole and absolute discretion, for participation in the Additional Activities ("Additional Activities Agreement"). If any Participant is not available to participate in Additional Activities on the day and time selected by Sponsor or does not sign the Additional Activities Agreement, he/she will be disqualified from the Program. If Additional Activities are conducted, the Judges will judge the participating Participants during the Additional Activities using the Judging Criteria.
On or about February 28, 2014, the Judges will announce a minimum of three (3) winning Finalist Submissions (the "Winning Submissions").
Three (3) or more eligible Participants who submitted the Winning Submissions, as determined by the Judges pursuant to the Judging section above, will be selected as potential Cave Dwellers, provided, however, that (i)each such Participant must fully comply with and satisfy all requirements set forth in these Official Rules, including those detailed in the Notification section; and (ii) each such Participant must sign an agreement with Sponsor which will set forth the rules, requirements, terms and conditions, as determined in Sponsor's sole and absolute discretion, for participation in the "2014 MLB Fan Cave Experience" (as defined below)("Participation Agreement"). In the event any such Participant does not, or is not able to, sign the Participation Agreement, he/she will be disqualified. Each Cave Dweller will be a part of the MLB Fan Cave team for some portion or all of the 2014 MLB season: he/she will participate in activities with MLB stars and celebrities, and blog and post on social media about trending baseball and/or pop culture topics ("2014 MLB Fan Cave Experience").
While participating in the 2014 MLB Fan Cave Experience, Cave Dwellers will: 1) watch MLB games played as selected by Sponsor; 2) interact and film video content with current and former players, celebrities and musicians; 3) discuss the hottest baseball and pop culture topics through blog posts and social media; and 4) participate in other activities. Sponsor will provide transportation to NYC, housing and a stipend for living expenses for each Cave Dwellers during the period that he/she is participating in the 2014 MLB Fan Cave Experience, as determined by Sponsor in its sole discretion.
Exact details shall be determined in the sole and absolute discretion of the Sponsor. Selection as a Cave Dweller is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion.
Each Cave Dweller is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with acceptance and use not specified herein as being provided are the sole responsibility of each Cave Dweller.
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Program. All decisions by Sponsor regarding the Program shall be final and binding in all respects.
In exchange for the opportunity to participate in this Program, and the possibility of the use of Participant's Submission and/or the Participant's 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 Participant does hereby:
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, License and Release, the Participant hereby represents and warrants (i) that such individuals(s) has authorized Participant to agree to this Consent, License and Release on his/her behalf (or, with respect to any individual under eighteen (18) years of age, 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).
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, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous 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, territory, provincial 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/territory/province 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.
Each potential Cave Dweller will be notified by e-mail and/or telephone by Sponsor and may (in Sponsor's discretion) be confirmed by postal mail, return receipt (the " Notification"). In the event that any potential Cave Dweller does not respond to such Notification within three (3) days of the date of issuance, a disqualification will result. Each potential Cave Dweller will be required to submit his/her valid social security number and/or other identification to Sponsor, authorize a full background check, and 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. A disqualification will result if all required documents are not properly executed and returned within the specified period of time and/or if the potential Cave Dweller does not pass a background check to the satisfaction of Sponsor, in its sole discretion. Refusal or return of such documents as non-deliverable or any potential winner's noncompliance with these Official Rules will also result in disqualification.
As a condition of participating in the Program, each Participant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Program (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 Participant be permitted to obtain awards for, and Participant hereby waives all rights to 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.
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, 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 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 Program, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Program, the processing of entries, the tabulation of scores or any errors appearing in any Program related-materials including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of Cave Dwellers. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Program.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the 2014 MLB Fan Cave Experience or portions thereof, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Program, each Participant agrees to indemnify and hold harmless and fully release the Released Parties from any and all liability for any injuries, losses, death, or damages of any kind caused by participation in the Program, Participant's Submission, or resulting from the acceptance, possession, quality, use or misuse of the 2014 MLB Fan Cave Experience, or any portion of the 2014 MLB Fan Cave Experience, including any travel or activity related thereto.
Sponsor reserves the right to conduct a background check, including but not limited to, criminal history, on any potential winner. To the extent required by law, each such potential winner shall authorize such background check. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any potential winner based on the background check.
Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process.
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 Program.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
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