Los Angeles Dodgers Viva Azul Broadcaster Contest Official Rules (the "Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN.
The object of the Los Angeles Dodgers Viva Azul Broadcaster Contest (the "Contest") is to submit original answers to seven (7) questions (the "Questions") regarding one's personal interest in the Los Angeles Dodgers and the broadcasting of baseball games played by the Los Angeles Dodgers (the "Submission"). During each Entry Period (as defined below), staff members of Los Angeles Dodgers LLC ("Sponsor") will select three (3) Participants (as defined below) who have submitted the most compelling Submissions based upon criteria set forth in the Judging section below (each, a "Semi-Finalist"). Eighteen (18) Semi-Finalists will compete to win one (1) Grand Prize (defined below).
The Questions are as follows:
Submission Requirements ("Submission Requirements"): Participants must answer all seven (7) Questions to be eligible to enter the Contest and win a Prize (defined below). Answers to Questions must not exceed one hundred (100) characters in length per Question.
The Contest is open only to legal residents of California who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child and 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 and 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, 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, The MLB Network, LLC, Tickets.com, Inc. SportsOnEarth, LLC, and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities. The Contest is subject to all applicable federal, state and local laws, rules and regulations. The Contest is void outside California and where prohibited or restricted by law, rule or regulation.
The Contest begins at 9:00 a.m. Pacific Time ("PT") on Wednesday, May 12, 2010 and ends at 11:59 p.m. PT on Sunday, August 22, 2010. The Contest will consist of six (6) entry periods (each, an "Entry Period") as set forth ibelow.
"Entry Period 1"
"Entry Period 2"
"Entry Period 3"
"Entry Period 4"
"Entry Period 5"
"Entry Period 6"
Non-winning eligible Submissions from one Entry Period will carry over into subsequent Entry Periods, if any.
HOW TO ENTER
There are three ways to enter: online, in-person at Dodger Stadium, or by mail. No other method of entry will be accepted. Limit one (1) entry per person/e-mail address/household, regardless of method of entry. Additional entries beyond the specified limit will be void.
1. Online Method: To enter the Contest online, participants must log on to www.dodgers.com/viva during the applicable Entry Period and enter by completing the following required fields on the online entry form:
By submitting all required information you will be entered into the applicable Entry Period and be a participant in the Contest ("Participant"). Online Participants will be given the option to receive (a) commercial e-mails from dodgers.com and/or MLB.com and/or (b) mobile text messages and updates from dodgers.com and/or MLB.com; however, eligibility to participate in the Contest is not dependent upon such Participant's consent to receive such e-mails or mobile text messages and updates. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information. All online entries must include a valid e-mail address for the Participant.
2. In-Person Method: If you do not wish to enter online, you may enter the Contest during any Entry Period by visiting Dodger Stadium at 1000 Elysian Park Avenue, Los Angeles, California 90012 during normal business hours, completing an official form ("Contest Entry Form"), and delivering the Contest Entry Form in-person to the designated Sponsor representative there.
By submitting a completed Contest Entry Form as directed you will be entered into the applicable Entry Period and be a "Participant" in the Contest. Participant must fully complete and submit all non-optional data requested on the Contest Entry Form to be eligible. Incomplete entries are void. Contest Entry Forms become the property of Sponsor and will not be returned. No reproductions, mechanical or otherwise, of Contest Entry Forms will be accepted.
3. Mail-in Method: If you do not wish to enter online or visit a Registration Location, you may enter the Contest during any Entry Period by hand-printing your full name, address, city, state and zip code, day and evening telephone numbers (including area code), date of birth and e-mail address (optional) and answers to each of the seven (7) Questions on one side of an 8½"x11" piece of paper, and mailing it in an envelope with proper postage affixed to:
Sponsor will use e-mail addresses provided via the Mail-in Method for prize notification purposes only; however, eligibility to participate in the Contest is not dependent upon provision of this information. By mailing in an entry as directed you will be entered into the applicable Entry Period and be a "Participant" in the Contest. Mail-in entries must be postmarked and received by the Sponsor by the dates the Entry Period Chart found in the Contest Period section above. Mail-in entries become the property of the Sponsor and will not be returned. Participant must fully complete and submit all non-optional data requested to be eligible. Incomplete entries are void. Mail-in entry forms become the property of Sponsor and will not be returned.
A panel of three (3) judges selected by Sponsor in Sponsor's sole discretion (the "Judges") will judge all eligible Submissions on or about each Judging Date. Each eligible Submission will be judged by the Judges based on the following criteria: factual accuracy about the Los Angeles Dodgers (e.g., correctly identifying players and statistics) (45%) and originality (55%). On or about each Judging Date, three (3) Semi-Finalists who submitted the most compelling Submissions, as determined by the Judges, submitted during the Entry Period corresponding to such Judging Date will each receive a Prize (defined below). In the event of a tie, the score for the answer to question 7 will be used as the tiebreaker.
Each eligible Semi-Finalist will receive the following:
(a) the opportunity to conduct a "live to tape" radio broadcast (the "Broadcast") during one (1) inning of a 2010 regular season Monday home game at Dodger Stadium (the "Prize Game") determined by the Sponsor. Exact date of the Prize Game and the length of Semi-Finalist's Broadcast during the inning are subject to the sole and absolute discretion of the Sponsor. At Sponsor's discretion, each taped Broadcast will be posted on Sponsor's website www.dodgers.com on or about the Tuesday following the date of the Prize Game and subject to a fan vote (the "Online Vote") for a period of two (2) weeks following the posting date of the Broadcast on Sponsor's website. Sponsor reserves the right to edit the Broadcast before posting the Broadcast online in its sole and absolute discretion. Limit one (1) vote per IP Address during the Online Voting Period. Automated methods of voting are prohibited. Any attempt by a Semi-Finalist and/or his/her family/friends to vote more than the number of times authorized herein, using multiple names or e-mail addresses and/or any other fraudulent mechanism, as determined by the Sponsor and/or MLBAM, in their sole discretion, shall give Sponsor the right to disqualify the Semi-Finalist in its reasonable discretion. Sponsor reserves the right to edit the length and content of the Broadcast at its sole and absolute discretion. Without limiting the generality of the foregoing, Sponsor reserves the right to terminate any Semi-Finalist's Broadcast and/or edit the content of any Semi-Finalist's Broadcast that, in Sponsor's discretion, is lewd, immoral, tasteless, lascivious, grotesque, or otherwise tends to undermine the character, reputation, or goodwill of Sponsor or its standing in the community, or otherwise violates the Content Restrictions. Any such unauthorized Broadcast may result in immediate disqualification and Prize forfeiture of any remaining portions of the Semi-Finalist Prize (as defined below) including disqualification from participation in the Final Judging and/or Grand Prize.
(b) two (2) tickets to the Prize Game. The seat locations at the Prize Game shall be determined in Sponsor's sole and absolute discretion.
(c) a visit to the Dodger Stadium press box and KABC Radio Booth on the date of Prize Game. The time, nature and length of the visit shall be subject to Sponsor's sole and absolute discretion; and
(d) one (1) commemorative Viva Azul Broadcaster T-shirt.
((a) (b) (c) and (d) collectively the "Semi-Finalist Prize") Estimated Retail Value ("ERV") of Semi-Finalist Prize: $300
The Final Round will take place on or about September 14, 2010. During the Final Round the Judges will judge each Broadcast based on the following criteria: the Online Vote (10%), accuracy (e.g., accurately calling plays, identifying players and statistics) (40%) and originality (50%). During the Final Round, the eligible Semi-Finalist with the most compelling Broadcast, as determined by the Judges (the "Grand Prize Winner"), will win the Grand Prize. In the event of a tie for the Grand Prize, the Semi-Finalist's score for originality will be used as the tiebreaker.
The Grand Prize Winner will receive the following:
(a) ) four (4) Field Level tickets and one (1) preferred parking pass to a baseball game played by the Los Angeles Dodgers at Dodger Stadium during the 2010 regular season (the "Grand Prize Game"). Seat location of the tickets and lot location of the parking pass shall be determined in Sponsor's sole and absolute discretion
(b) a guest appearance on the Radio Dodger Talk with Josh Suchon & Ken Levine after the Grand Prize Game (the "Appearance") ((a), and (b), collectively, the "Grand Prize"). (ERV of Grand Prize: $ 2000). All details of the Grand Prize, including the date of the Grand Prize Game, the seat locations of the tickets, the lot locations of the parking pass, and the length of Grand Prize Winner's Appearance, shall be determined in Sponsor's sole and absolute discretion. Sponsor reserves the right to edit the length and content of the Appearance at its sole and absolute discretion. Without limiting the generality of the foregoing, Sponsor reserves the right to terminate a Grand Prize Winner's participation in the Grand Prize if, in the sole discretion of Sponsor, the Grand Prize Winner's broadcast is lewd, immoral, tasteless, lascivious, grotesque, or otherwise tends to undermine the character, reputation, or goodwill of Sponsor or its standing in the community, or otherwise violates the Content Restrictions.
The Semi-Finalist Prizes and the Grand Prize (each a "Prize") 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 one of comparable or greater value at its sole and absolute discretion.
Each Prize winner (each, a "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 the Winner. All Prize details are at the sole discretion of the Sponsor. Winner's companions must be of legal age of majority in their jurisdictions of residence, unless accompanied by a parent or 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 Los Angeles Dodgers LLC, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather, 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 stadium regulations in connection with the Prize and the Grand Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to 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. The Released Parties (as defined below) will not be responsible for 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.
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 including without limitation the Broadcast, 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 he/she owns all right, title and interest in the Submission as of the date of Submission;
(2) consent to the collection by 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 email addresses (the "Personal Information") in connection with the Submission;
(3) assign to Sponsor any and all of his/her right, title and interest in or to the Submission and the Broadcast throughout the world and in perpetuity, including, but not limited to, the right for Sponsor (and/or MLBAM, as applicable) to display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission and/or Broadcast, as applicable, on television, the Internet, print or any other media currently existing and hereafter developed 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 and/or Broadcast, as applicable), likeness, image, voice, appearance and performance as embodied in the Submission and/or Broadcast, as applicable, 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, 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 licensee others to use the Submission and/or the Broadcast, as applicable, 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/or Broadcast, as applicable, 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, the Broadcast and/or the Personal Information, as applicable, 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 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 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. 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 eighteen (18) years of age, that Participant is the parent and/or 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 will not include any of the following content (the "Content Restrictions") in any Submission or any Broadcast: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) 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, 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, or local law, ordinance, or regulation; (xi) individuals under age of majority without enclosing signed release from parent or 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, in violation of or contrary to the laws or regulations in any state where the Submission is created. Any Submission or Broadcast that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
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 any potential Winner does not respond to such Prize Notification within three (3) days of date of issuance, a disqualification will result and an alternate potential Winner shall be chosen from among all remaining eligible Submissions or Broadcasts, as applicable. The 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 five (5) days of date of receipt. [CONFIRM: WILL DODGERS REQUIRE ANY OTHER DOCUMENTATION EXECUTED IN CONNECTION WITH BROADCAST (E.G. CONSENT/RELEASE/ETC?] A disqualification will result and an alternate potential Winner will be selected from among all remaining eligible Submissions or Broadcasts, as applicable, if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or potential Winner's noncompliance with these Official Rules will also result in disqualification and cause an alternate Winner to be chosen from among all remaining eligible entries.
All applicable federal, state, provincial and local laws and regulations apply. This Contest and these Official Rules will be governed by the laws of the State of New York. Any court of competent jurisdiction sitting within the State of New York, New York County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Los Angeles Dodgers LLC, the other MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors 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 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 portions thereof, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, 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 Contest, Participant's Submission, or resulting from the acceptance, possession, quality, use or misuse of any Prize, or any portion of any Prize, 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.
If for any reason the Contest is not capable of running as planned, including 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 discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and, if terminated, to determine the winners, if any, from among all eligible, non-suspect Submissions achieved 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.
In the event of dispute as to the identity or eligibility of a potential Winner based on an e-mail address, the winning entry 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.
For winner information (available after September 25, 2010 or an additional copy of the Official Rules, mail a self-addressed, stamped envelope to:
Sponsor: Los Angeles Dodgers LLC, 1000 Elysian Park Avenue, Los Angeles, California 90012.
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