NO PURCHASE NECESSARY TO ENTER OR WIN.
The object of the Marlins Masterpiece Contest ("Contest") is for a parent or legal guardian to submit an original work of art made by his/her child aged eighteen (18) years or younger (the "Submission") which fits the theme of "Marlins Holiday Series." You can use the logos and the other graphics for your artwork! Create photo collages, paintings or drawings. Staff members of the Miami Marlins (the "Judges") will select the most compelling Submissions based upon criteria set forth in the Judging section below.
ELIGIBILITY: The Contest is open only to legal residents of the State of Florida who are (i) eighteen (18) years of age or older at the time of entry (except in the case of legal residents of certain states where the age of majority is greater than eighteen (18) years of age, such age of majority) and (ii) the parent or legal guardian of a child aged eighteen (18) years or younger. 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 Miami Marlins, L.P. ("Sponsor"), the other MLB Entities (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 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, 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. Void outside Florida and where prohibited or restricted by law, rule or regulation.
CONTEST PERIOD:The Contest begins at 9:00 AM Eastern Time ("ET") on Monday, October 22, 2012 and ends at 11:59 AM ET on Monday, November 26, 2012 (the "Contest Period").
HOW TO ENTER: There are two (2) methods of entering the Contest: mail-in or in-person.
1. Mail-in Method:During the Contest Period, eligible artwork needs to include: artist's name & contact info, school, grade, & teacher's name. Then submitted to:
c/o Marlins Masterpieces
501 Marlins Way
Miami, Florida 33125
2. In-Person Method: During the Contest Period, visit the Marlins' office at Marlins Park (501 Marlins Way, Miami, FL 33125) during normal business hours, attach your Submission and sign a copy of the Contest Official Rules to indicate your agreement to such rules. Contest entry forms and copies of the Contest Official Rules will be made available by Sponsor at the Marlins' office.
Submission Requirements: Eligible artwork needs to include: artist's name & contact info, school, grade, & teacher's name. Create photo collages, paintings or drawings. Artwork size must be no smaller than 8.5 inches by 11 inches. Submissions that do not comply with the Submission Requirements, the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. By submitting all required information, you will be entered in the Contest and be a "Participant."
JUDGING: The Judges will judge all eligible Submissions. Submissions will be judged on the following criteria:
PRIZE: The eligible Participant that is judged to have submitted the best Submission will be the Grand Prize Winner and will receive: (a) two (2) tickets to a 2013 regular season Marlins game to be played at Marlins Park in Miami, FL (the "Game"); (b) two (2) VIP pre-game passes to be used on the date of the Game (c) the opportunity for a pre-game recognition ceremony at the Game; (d) a pre-determined autographed Marlins item. (Total Estimated Retail Value of Grand Prize: $500.). Honorable Mention winners will receive: (a) two (2) tickets to the Game; (b) the opportunity for a pre-game recognition ceremony at the Game; (c) a pre-determined autographed Marlins item. (Total Estimated Retail Value of Honorable Mention Prize: $250). The Grand Prize and Honorable Mention Prizes shall each be considered a "Prize." Exact prize details, including time and location of ceremony, nature of participatory role at ceremony and date and seat locations of Game, to be determined in the sole and absolute discretion of Sponsor. TRANSPORTATION TO/FROM THE CEREMONY AND THE GAME NOT INCLUDED.
The Prize is 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.
The Grand Prize and Honorable Mention Winners are 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. Limit one (1) prize per person, family or household. 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 the applicable Major League Baseball Club, 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. Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the 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. Released Parties (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.
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, 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 entry 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, street 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 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, 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), likeness, image, voice, appearance and performance as embodied in the Submission 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 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 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 and the Personal Information 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, any Prize, 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).
CONTENT RESTRICTIONS: Participants will 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 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 that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: 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 a potential Winner does not respond to such Prize Notification within one (1) day of date of issuance, a disqualification will result and an alternate potential Winner shall be chosen from among all remaining eligible Submissions. Each 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 one (1) day of date of receipt. A disqualification will result and an alternate potential Winner will be selected from among all remaining eligible Submissions 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 potential 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 Florida. Any court of competent jurisdiction sitting within the State of Florida 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.
The MLB Entities and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors and advertising and promotional agencies, Miami Marlins, L.P., Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC, City of Miami, Miami-Dade County, 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 illegible, 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.
INTERNET: 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.
All entries must include a valid e-mail address for the Participant. In case of multiple entries received from any person or email address or household, only the first entry received from such person or email address or household will be considered. In the event of dispute as to the identity or eligibility of a 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.
RULES/WINNERS INFORMATIONFor Winner information (available after November 30, 2012) or an additional copy of the Official Rules, mail a self-addressed, stamped envelope to: Miami Marlins, 501 Marlins Way, Miami, FL 33125. Specify "Marlins Masterpiece Contest."
SPONSOR:The Sponsor of this Sweepstakes is Miami Marlins, L.P., 501 Marlins Way, Miami, FL 33125
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