Manatees Baseball Club LLC
“Name the Team” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN
The object of the “Name the Team” contest (“Contest”) is to submit an original team name for the minor league baseball team that will play in Kissimmee, Florida (“Team Name”). Manatees Baseball Club LLC ownership and management (“Judges”) will evaluate the proposed Team Names (“Entry” or “Entries”) and select the most compelling Entries in accordance with these Official Rules and based upon criteria set forth in the Judging section below.
The Contest is only open to legal residents of Florida who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority), and have a valid e-mail address and internet access as of the time of entry (“Participant”). Employees, officers and directors (and their immediate family members which includes spouse, parent, child, sibling and their respective spouses (regardless of where they reside) and any other person residing in their households, whether or not related) of Manatees Baseball Club LLC (“Sponsor”), the other NAPBL Entities (defined below), the MLB Entities (defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, vendors, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Contest are eligible to submit an Entry but are not eligible to be selected as the Grand Prize Winner (“Entry Only Participants”). Participants who comply with all of the Official Rules are eligible to receive the Grand Prize, but Entry Only Participants are not eligible to be selected as the Grand Prize Winner. The “NAPBL Entities” shall mean National Association of Professional Baseball Leagues, Inc., each NAPBL Club, each NAPBL League, Professional Baseball Promotion Corporation, Professional Baseball Umpire Corp., Baseball Internet Rights Company, LLC, BIRCO Holding Company, LLC, Minor League Baseball Charities, MiLB Enterprises, LLC, MiLB Enterprise Holdings, LLC and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the NAPBL and the NAPBL clubs and leagues, and all officers, directors, employees, representatives, partners, members and affiliates thereof. 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”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), 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, owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Contest is subject to all applicable federal, state, local laws and regulations. This Contest is void outside of Florida and where prohibited or restricted by law, rule or regulation. Purchase of products from Sponsor will not improve a Participant’s chance of winning.
The Contest begins on Tuesday, June 28, 2016 at Midnight Eastern Time (“ET”) and ends on Wednesday, July 13, 2016 at Midnight ET (the “Contest Period”).
HOW TO ENTER
- Online Method: During the Contest Period, Participants can go to www.probaseballbackincentralflorida.com and click on the banners, buttons and/or links to access the online entry form for the Contest. Participants who submit their complete name, date of birth, address, city, state, zip code, telephone number, e-mail address, and suggestion for Team Name to Sponsor via the online entry form will be automatically entered in the Contest provided that Participants complete and submit all non-optional data requested on the online entry form. Entries that do not contain all of the non-optional data are void and will be rejected without any notice to Participant. Participants will be given the option to receive commercial e-mails from Sponsor, but eligibility to participate in the Contest is not dependent upon Participant’s consent to receive such e-mails.
- Mail-in Method: If Participant does not wish to enter online, Participant may enter the Contest by printing name, address, city, state, zip code, telephone number, e-mail address and suggestion for Team Name on a standard size postcard and mail to: Manatees Baseball Club LLC Name The Team Contest, Osceola County Stadium, 631 Heritage Park Way, Kissimmee, FL 34744. Sponsor will only use e-mail addresses provided via the mail-in entry method for prize notification purposes. Entries that do not contain all of the data listed are void and will be rejected without any notice to Participant. Only one name suggestion allowed per postcard. Mail-in entries must be postmarked by Saturday, July 9, 2016 and received by Sponsor by Wednesday, July 13, 2016 at Midnight ET. Mail-in entries received by Sponsor after Wednesday, July 13, 2016 at Midnight ET will be rejected, regardless of the postmark date on the mail-in Entry. Mail-in entries become the property of the Sponsor and will not be returned.
The Judges will evaluate each proposed Team Name submitted based on a variety of factors, including but not limited to, originality, creativity, uniqueness, regional relevance, and appropriateness for audience. On or about Thursday, July 14, 2016 the Judges will determine the top six (6) proposed Team Names that satisfy the criteria for further consideration as a possible Team Name. The Judges will submit those proposed Team Names to a public vote in a manner to be determined solely by Sponsor. The final voting results may be one of several factors that Sponsor will consider in selecting a name for the minor league baseball team in Kissimmee, Florida (“Selected Team Name”). The Selected Team Name may or may not be one of the proposed Team Names proposed by Participants or Entry Only Participants, and Sponsor reserves the right to determine the Selected Team Name in any manner it deems appropriate.
If the Selected Team Name is a name submitted during this Contest by a Participant who has complied with all of the Official Rules for this Contest, that Participant will be awarded the Grand Prize (“Grand Prize Winner”). If the Selected Team Name was submitted by multiple qualified Participants, the Grand Prize Winner will be chosen by selecting the first qualified Participant who submitted the Selected Team Name.
If the Selected Team Name is not one submitted by any qualified Participant, then all qualified Participants will be eligible for the Grand Prize. In this situation, the Grand Prize Winner will be selected in a random drawing of all qualified Participants.
PUBLICATION AND ASSIGNMENT OF RIGHTS TO ENTRY
By entering the Contest, each Participant and Entry Only Participant who submits an Entry agrees (i) that his or her Entry is an original work of authorship and he or she owns all right, title and interest in the Entry as of the date of submission (“Participant Rights” and “Entry Only Participant Rights”); and (ii) to assign all Participant Rights and Entry Only Participant Rights, including copyright rights, in the Team Name to Sponsor and grant permission for Sponsor, the other NAPBL Entities and the MLB Entities to publish or publicize all or part of the Entry, including but not limited to Participant’s or Entry Only Participant’s name, address (city and state of residence), photograph, voice and/or other likeness, Team Name and prize information (prize information is applicable only to Participants), 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, throughout the world, in perpetuity, without notice or permission, and without further compensation or consideration, except where prohibited by law.
GRAND PRIZE AND GRAND PRIZE WINNER
The Grand Prize to be awarded in this Contest includes the following: Two (2) Field Level Season Tickets for the 2017 season, an official personalized home jersey and the right to throw out a ceremonial first pitch on a date selected by Sponsor. The Grand Prize Winner will be selected as follows: (1) If the Selected Team Name is submitted by only one Participant, that Participant will be the Grand Prize Winner; (2) if the Selected Team Name is submitted by more than one Participant, then the first Participant who submitted the Selected Team Name will be selected as the Grand Prize Winner; and (3) if the Selected Team Name was not submitted by any of the Participants, then one of the qualified Participants will be randomly selected as the Grand Prize Winner.
The Grand Prize Winner is fully responsible for any and all applicable federal, state, international and local taxes resulting from the Grand Prize, including but not limited to, income and withholding taxes.
TRANSPORTATION IS NOT INCLUDED as part of the Grand Prize. All costs and expenses not specified herein, related to the Grand Prize, including but not limited to lodging, transportation costs, meals, taxes and gratuities and other expenses incurred by accepting and using the Grand Prize are the sole responsibility of the Grand Prize Winner.
Minor League Baseball game, event and exhibition dates and times are determined in the sole discretion of the applicable NAPBL Entities and may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game or exhibition, as defined by Minor League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Grand Prize Winner and his/her guest agree to comply with all applicable stadium regulations in connection with the Grand Prize. Sponsor and the applicable NAPBL Entities reserve the right to remove or to deny entry to Grand Prize 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. Grand Prize is non-transferable, with no cash redemptions or substitutions except at Sponsor’s sole discretion. Sponsor, the other NAPBL Entities and the MLB Entities 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 MiLB game, event or exhibition. Sponsor reserves the right to substitute the Grand Prize (or portion thereof) with one of comparable or greater value at its sole and absolute discretion. All Grand Prize details are at the sole discretion of the Sponsor.
CONTEST ADMINISTRATION AND GENERAL CONDITIONS
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.
By participating in the Contest, each Participant and Entry Only Participant in the Contest accepts and agrees to be bound by these Official Rules, including all eligibility requirements.
All Participants and Entry Only Participants must provide a valid e-mail address at the time of the Entry. If multiple entries are made from the same e-mail address, only the first entry received will be considered, and any subsequent entries will be rejected. If there is a dispute as to the identity or eligibility of the Grand Prize Winner based on a disputed 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 the Entry. The “Authorized Account Holder” is the person to whom the applicable internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address.
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) 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 NAPBL Entities and/or the MLB Entities, or any of their respective 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, 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.
The Grand Prize Winner will be notified by e-mail by Sponsor with instructions regarding acknowledgment of and claiming the Grand Prize. If the Grand Prize Winner does not respond to any such notification by providing the requested information within three (3) business days after receipt of the e-mail, the Grand Prize Winner will be disqualified and no longer eligible to receive the Grand Prize. If a disqualification results, an Alternate Grand Prize Winner may be chosen at random from all remaining eligible entries; the Alternate Grand Prize Winner must comply with the same requirements as the original disqualified Grand Prize Winner to be eligible to receive the Grand Prize. As a condition of being awarded the Grand Prize, the Grand Prize Winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility, a Release of Liability and an Irrevocable, Royalty-Free Assignment of the Participant’s Rights in favor of Sponsor (the “Winner Release Documents”), which must be completed, notarized and returned to the Sponsor within ten (10) business days of receipt. The Winner Release Documents will be provided to the Grand Prize Winner by e-mail. If the Winner Release Documents are not properly executed and notarized and returned to Sponsor within ten (10) business days of receipt, the Grand Prize Winner will be disqualified. If a disqualification occurs, an alternate Grand Prize Winner will be selected as outlined above.
All federal, state and local laws and regulations apply. This Contest and these Official Rules will be governed by the laws of the State of Florida. Any court of competent jurisdiction sitting in Kissimmee, Florida will have exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules. Participant and Entry Only Participant expressly agree that (1) all disputes will be determined by a court of competent jurisdiction in Kissimmee, Florida and (2) that court will have personal jurisdiction over all parties to any dispute. Participant and Entry Only Participant agree to waive and relinquish any right they have to sue Sponsor as a class. Under no circumstances will any Participant or Entry Only Participant be entitled to, and therefore expressly waive, relinquish and agree to have no claim to any punitive, exemplary, multiple, incidental or consequential damages of any type or nature including, but not limited to, attorneys’ fees and costs (including without limitation court and expert costs). Participant’s and Entry Only Participant’s damages are expressly limited to any actual out-of-pocket expenses incurred in submitted any Entry.
The Sponsor, the other NAPBL Entities and the 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 online or mailed entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant or Entry Only Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
The Released Parties shall not be responsible for typographical or other human or technical errors in the offer or administration of this Contest, including but not limited to, errors in advertising, the Official Rules, the selection and announcement of the Grand Prize Winner or the distribution of the Grand Prize. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
The Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Grand Prize, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, Grand Prize Winner agrees to hold harmless and fully release Sponsor, the other NAPBL Entities and the MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, licensees, employees, agents, independent contractors and advertising and promotional agencies from any and all liability for any injuries, losses, death, or damages of any kind caused by the Grand Prize or resulting from the acceptance, possession, quality, use or misuse of the Grand Prize or travel related to the receipt or use of the Grand Prize.
Any Entry that is incomplete, late or otherwise does not comply with these Official Rules will be disqualified.
If this Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify Participants or Entry Only Participants residing in the affected geographic areas. In such event, the Sponsor, the other NAPBL Entities and the MLB Entities shall have no liability to any Participants or Entry Only Participants who are disqualified due to such an action.
The Contest is a skill contest designed to increase consumer awareness of and interest in Minor League Baseball. This Contest may not be used for any form of gambling.
INTERNET AND MAIL
If for any reason the Contest is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, theft, technical failures, or any other causes beyond the control of Sponsor, the other NAPBL Entities or the MLB Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor, the other NAPBL Entities and the MLB Entities reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In such event, Sponsor further reserves the right to judge the entries received prior to such event and award the Grand Prize as of the termination date.
The Sponsor, the other NAPBL Entities, and the MLB Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, misdelivery, loss or destruction or unauthorized access to, or alteration of, entries. The Sponsor, the other NAPBL Entities and the MLB Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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. The Sponsor, the other NAPBL Entities and the MLB Entities are not responsible if any mailed entries are not timely received as a result of any actions by the United States Postal Service or any of its employees, or for any lost, misdirected, delayed or misdelivered mail entries.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, THE OTHER NAPBL ENTITIES AND THE MLB ENTITIES AND EACH OF THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
OFFICIAL RULES/GRAND PRIZE WINNER INFORMATION
For Grand Prize Winner information (available after at least 90 days from Selection of Winner) or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: [Legal Club Name, Name The Team Contest, Address] and specify either “Official Rules” or “Grand Prize Winners List.”
SPONSOR: Manatees Baseball Club LLC, Name The Team Contest, Osceola County Stadium, 631 Heritage Park Way, Kissimmee, FL 34744
Minor League Baseball trademarks and copyrights are proprietary to the NAPBL Entities. All rights reserved.