2016 MLB® WORLD SERIES® COMPETITION TERMS AND CONDITIONS
By entering the ‘MLB World Series Competition’ you are agreeing to the following terms and conditions (“Conditions of Entry”):
1. STANDARD TERMS
2016 MLB® WORLD SERIES® COMPETITION TERMS AND CONDITIONS
By entering the ‘MLB World Series Competition’ you are agreeing to the following terms and conditions (“Conditions of Entry”):
1. STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these Conditions of Entry.
2. WHO CAN ENTER
2.1 Subject to clause 2.2 entry is open only to residents of Australia aged 18 or older with a VALID email address at the time of entry.
1. 2.2 Directors, management, employees, officers and contractors (and their immediate families) of The Australian Baseball League Pty Ltd (the ”Promoter”), the MLB Entities (defined below), or the agencies or companies associated with this competition are ineligible. "Immediate families" means spouse, ex- spouse, de-facto spouse, parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step- sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
2.2 The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The MLB Network, LLC, 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.
3. HOW TO ENTER
3.1 The competition commences on Tuesday, September 13, 2016, at 12:00am (AESDT) and concludes on Monday, October 12, 2016, at 11:59pm (AESDT) (“the Competition Period”).
3.2 Each ABL Club Membership purchased prior to the end of The Competition Period will receive a single (1) entry for the purchase of a 1⁄4 Season Membership, two (2) entries for a 1⁄2 Season Membership and four (4) entries for a Full Season Membership. Additional entries for family memberships will be awarded to the adult family member who purchased the membership, with an additional entry counted for each member of the family, according to their type of membership. ie. a Full Season Family (4) Membership will gain four (4) entries, for each of the four (4) members, and so on.
3.3 Entries will be automatically registered for each member by purchasing a membership in person, online or via phone.
3.4 A valid entry comprises of the purchase of any type of 2016/17 membership for the six Australian Baseball League Pty Ltd clubs (Adelaide Bite, Brisbane Bandits, Canberra Cavalry, Melbourne Aces, Perth Heat, Sydney Blue Sox).
3.5 All existing 2016/17 Members for all six (6) clubs will be automatically entered into the draw according to the scale outlined in 3.2.
3.6 The Promoter, its agents, affiliates or representatives and the MLB Entities will not be liable for any lost, late or misdirected entries.
4 HOW TO WIN
4.1 The potential winner of the first prize will be drawn at random on Tuesday, October 13, 2016, by 5:00pm (AEDST) at Suite 5, 65-67 Thomas Drive, Chevron Island QLD 4217, from among the list of eligible entrants.
4.2 The potential winner will be notified no later than 12:00pm (AESDT) on October 13, 2016, in writing, by email and phone, and also published on the Promoter’s website (www.theabl.com.au) after confirming acceptance of the prize.
4.3 The potential second-prize winners, one for each ABL market (six total) will be drawn and notified on no later than 5:00pm (AESDT) on Monday, October 17, 2016, in writing, by email and phone, and also published on the Promoter’s website (www.theabl.com.au) after confirming acceptance of the prize.
4.4 Subject to verification of eligibility and compliance with these Conditions of Entry, the potential winner will be declared the official winner of the competition (“Winner”). If the potential winner does not respond to prize notification within 72 hours of Promoter’s attempt, or is unable or unwilling to accept
the prize, he/she will forfeit the prize and, at Promoter’s sole discretion and time permitting, an
alternate potential winner may be selected by random draw from among all remaining eligible entries.
4.5 The Promoter’s decision in relation to any aspects of the competition is final and the Promoter will not
enter into any correspondence regarding the result.
4.6 It is a condition of accepting the prize that the Winner may be required to sign a legal release in a form
determined by the Promoter in its absolute discretion.
4.7 Entries not completed in accordance with these Conditions of Entry will not be considered valid and will
not be included in the draw.
4.8 The Promoter reserves the right to request that the Winner provide proof of identity, proof of residency
at the nominated prize delivery address and/or proof of entry validity (including phone bills) in order to claim the prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.
4.9 The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry, or who has, in the opinion of the Promoter, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition, the MLB Entities and/or Promoter. The Promoter reserves the right to disqualify the Winner if the Promoter becomes aware that the Winner and or Winner’s entry if of a type described in this clause.
5. PRIZE
5.1 One(1)Winnerwillreceivethefollowingprizepackagevaluedat$4,700.00(actualvaluewillvary
depending on winner’s city of departure, the Host City, and whether Game 5 is necessary; any difference
in value will not be awarded):
5.1.1 Two (2) return economy airfares for Winner and one (1) guest between a major airport in a capital city
nearest Winner’s residence and the host city of the games (“Host City”) departing Thursday, October
27, 2016, and returning Monday, October 31, 2016;
5.1.2 Four (4) nights’ accommodation in a hotel (one [1] room, double occupancy) from Thursday, October 29,
2015, to, but not including, Monday, October 31, 2016;
5.1.3 Two (2) Upper Deck tickets for the Winner and one (1) guest for each of Games 3, 4, and, if necessary, 5
of the 2016 MLB World Series; and 5.1.4 $1000 spending money
5.2 Six(6)second-prizewinnerswilleachreceiveahomeon-fieldjerseytopoftheirrespectiveteamof membership, valued at $40.00 per jersey.
5.3 TheAustralianBaseballLeagueisresponsibleforthefulfillmentoftheprizedirectlywiththeWinner.The Promoter and the MLB Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
5.4 Theprizeisnotexchangeableandcannotbetakenascash,maynotbesold,orusedinanyother competition. The prize Winner is responsible for all expenses not specified in these Conditions of Entry, including but not limited to, any transfers not stated above, ground transportation, transport to and from the Winner’s nearest capital city, meals, drinks, insurance (including medical, travel and health), items of personal nature (including gratuities, telephone and in-room charges), spending money and all other ancillary costs. Neither the Promoter nor the MLB Entities accept any responsibility for any variation in the prize value.
5.5 IftheWinner,forwhateverreason,isunabletoattendtheeventorredeemprize,ordoesnottakean element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the Winner. Cash will not be awarded in lieu of the prize or element thereof.
5.6 IftheprizeoranypartoftheprizebecomesunavailableforreasonsbeyondthePromoter’scontrol,the Promoters will endeavour but is not obliged to provide a substitute prize of equivalent or greater value. In the event that any element of the prize is not available, the Promoter reserves the right to substitute a prize of equal or greater value.
5.7 Tothefullextentpermittedbythelaw,thePromoterandtheMLBEntitiesexcludeliabilityforanyloss, damage or injury whatsoever suffered or sustained (including, but not limited to direct, indirect, special or consequential loss or damage, loss of opportunity revenue or profit) arising directly or indirectly out of or in connection with this competition.
5.8 TheWinnermust,onrequestbythePromoter,beabletoprovideevidencewhich,tothereasonable
satisfaction of the Promoter, demonstrates that the Winner is an eligible entrant (as per clauses 2.1, 2.2
and 2.3) and has complied with these Conditions of Entry.
5.9 Anytaxes(otherthanGST,ifany)whichmaybepayableasaconsequenceoftheWinnerreceivingthe
prize are the sole responsibility of the Winner.
5.10In the event that any Major League Baseball events, exhibitions or games are cancelled, abandoned,
suspended or rescheduled, the Winner shall be subject to any and all policies of Major League Baseball with regards to any such game. In the event the Winner is unable to attend any Major League Baseball event, exhibition or game that has been rescheduled due to the predetermined travel schedule or other such conditions, the Promoter and the MLB Entities shall not be liable for any costs incurred through any changes requested by the Winner in order to attend such a game, event or exhibition. Winner’s guests 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. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. The Promoter 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 Promoter and the MLB Entities 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 part of the prize may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and forfeiture of prize, and may invalidate the license granted by the game, event or exhibition ticket(s).
5.11 The Winner and his/her companion are responsible for travel documentation (including passports and visas) and compliance with any health or other government requirements.
5.12 In participating in the prize, the Winner agree to participate and co-operate as required in all editorial activities relating to the competition, including but not limited to being interviewed and photographed. The Winner grants the Promoter and the MLB Entities a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide and the Winner (and his/her companion) will not be entitled to any fee for such use.
5.13 The Winner acknowledges that the prize is subject to additional terms and conditions imposed by third party prize suppliers. The Winner must become acquainted with any such additional terms and conditions prior to taking the prize. The Promoter and MLB Entities do not accept responsibility and are not liable for any conditions imposed on the taking of the prize by any third party prize supplier, or the breach of those conditions by any person.
5.14 Prize travel is subject to fare rules and other conditions of carriage. Tickets will not be exchanged for another destination. The Winner and his/her companion cannot upgrade any prize travel or prize accommodation using cash or frequent flyer points and will not accrue frequent flyer points on any prize flights or with any prize accommodation. The Winner and his/her companion must travel together on the same flights on all sectors and stay together at the nominated hotel. Prize travel must be taken on the dates set out in these Conditions of Entry or such other dates as are approved by the Promoter. Prize travel may not be changed by the Winner under any circumstances. If the Winner cannot travel in accordance with these Conditions of Entry and on the flights nominated by the Promoter, the prize will be forfeited. Bookings will be made by the Promoter. Flight schedules and accommodation arrangements are subject to change without notice.
6 NO LIABILITY
6.1 ThePromoterandtheMLBEntitiesshallnotbeliableforanylossordamagewhatsoeverwhichis suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. Neither the Promoter nor the MLB Entities are responsible for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or programming associated with, or utilised in this competition, or for any technical error, or combination thereof that may occur in the course of the administration of this competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite failure, theft or
destruction or unauthorised access to, or alteration of, entries.
6.2 Exceptforanyliabilitythatcannotbylawbeexcluded,thePromoter,theMLBEntitiesandeachoftheir
respective related corporations and associated agencies (and any of their personnel) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant (including the Winner and his/her companion) in connection with the competition or the prize, including, without limitation: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of the Promoter, its related corporations and associated agencies (and any of their personnel); and (iii) any liability for personal injury or death.
6.3 Ifforanyreason,thiscompetitionisnotcapableofrunningasplanned,includingduetoinfectionby computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the competition subject to any written directions given under State Legislation.
6.4 Exceptforanyliabilitythatcannotbeexcludedbylaw,thePromoter(includingitsofficers,employees and agents) and the MLB Entities exclude all liability (including negligence) for any personal injury, loss or damage (including loss or opportunity) whether direct, indirect, special or consequential, arising in any way out of the competition, including but not limited to, where arising out of the following:
6.4.1any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); 6.4.2any theft, unauthorised access or third party interference;
6.4.3any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt
by the Promoter) due to any reason beyond the reasonable control of the Promoter;
6.4.4any variation in prize value to that stated in these Conditions of Entry;
6.4.5any tax liability incurred by the Winner or entrant;
6.4.6the broadcast of any program relating to the competition or the publication of any material, including
statements made by any compere, staff member, journalist, other entrants or any other person;
and/or participation in the prize.
6.5 OnceprizeshaveleftthePromoter’spremises,thePromoter,theMLBEntitiesandeachoftheir
respective associated agencies take no responsibility for prizes damaged, delayed or lost in transit.
6.6 The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has
reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
7 PRIVACY CONSENT
7.1 Byregisteringyourdetailsforthiscompetition,youareagreeingtoreceivecommunicationsfromthe Australian Baseball League, Baseball Australia and Major League Baseball International Australia/Oceania in regards to their programs, teams, brands and events.
7.2 ThePromotercollectsyourpersonalinformationtoprocessyourcompetitionentries.Itmayalsoshare your information with other persons or entities that assist us in providing our services, running competitions (including administering the competition or distributing prizes). We may also disclose your personal information in accordance with these Conditions of Entry if you are the Winner.
8 PROMOTER’S DETAILS
8.1 ThePromoterisTheAustralianBaseballLeaguePtyLtd,(ABN52134504975)Suite5,65-67Thomas Drive, Chevron Island QLD 4217. Telephone Number 07 5510 6800.
8.2 Thiscompetitionisagameofchance,licensedunderNSWpermitnumberLTPS/16/07103;andlicensed under ACT permit number TP 16/01749.
8.3 MajorLeagueBaseballtrademarks,servicemarksandcopyrightsareproprietarytotheMLBEntities.All rights reserved. This competition is not sponsored, administered, produced or executed by any MLB Entity.
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