2013 Home Run Derby Twitter Promotion Official Rules
No Purchase Necessary to Enter or Win.
Purchasing Will Not Increase Your Chances Of Winning.
Eligibility: The 2013 Home Run Derby Twitter Promotion (hereafter, "Promotion") is open to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) years of age or older as of date of entry. Entrants under the age of eighteen (18) ("Minor") must obtain their parent's or legal guardian's consent prior to participation. Employees, officers, directors, agents and representatives of ESPN Internet Ventures ("Sponsor"), General Motors LLC ("Promoter"), the MLB Entities (as defined below) and each of their respective parent companies, subsidiaries, affiliates, owners, distributors, retailers, agents, assignees, advertising/ promotion/ fulfillment agencies, anyone else connected with the production and distribution of this Promotion (hereafter "Released Parties") and their immediate families (spouse, partner, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. 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"), 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. Void where prohibited or restricted by law, rule or regulation. This Promotion is subject to all applicable federal, state, and local laws, rules and regulations. Twitter is neither a sponsor of nor affiliated with this Promotion. By entering, you understand that you are providing your information to the Sponsor and not to Twitter. The information you provide as detailed below will only be used as set forth in these Official Rules.
Promotion Entry Period: Entry to the Promotion begins at 12:00:01PM Eastern Time ("ET") on 7/14/13 and ends at 7:59:59PM ET on 7/15/13 ("Entry Period").
How To Enter: During the Entry Period: 1) Visit www.twitter.com and login to your account. If you do not have a Twitter account you may sign-up for free by visiting www.twitter.com and following the enrollment instructions; 2) Visit any of www.twitter.com/espn, www.twitter.com/bbtn or www.twitter.com/chevrolet; or, from your Twitter home page, click on the "Find People" tab and perform a search for "ESPN", "BBTN" or "Chevrolet" ; 3) To participate, you must tweet your prediction for the winner of the 2013 Chevrolet Home Run Derby (your "Pick"). Multiple Entries are permitted, but you may not change your Pick (i.e., entrants are no allowed to select multiple players to win the Home Run Derby). No particular format is required but each tweet must include an identifiable name or portion of the name of your Pick (e.g. Robinson, Cano, or Robbie), must include the "#HRDerby" hashtag, and must conform to Twitter's (140) character limitation (hereafter, each, an "Entry"). Entries that do not follow the above requirements may be discarded or ignored. Incomplete answers, Entries received after the applicable deadline, and/or Entries that may contain obscene, offensive, or any language communicating messages inconsistent with the positive images to which Sponsor wishes to associate will be void. Subject to Twitter Terms of Service and except where otherwise prohibited, all Entries become property of Sponsor and will not be returned. All Entries must comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com. Entries must be received during the Entry Period to be considered. The use of script, macro or automated devices (or any other devices intended to automate or subvert any aspect of Entry) to enter the Promotion is prohibited and any Entry through such means, and any Entry that is deemed to be ineligible (at Sponsor's sole discretion and in accordance with these Official Rules) will be void. All Entries become the property of the Sponsor and will not be acknowledged or returned. In the event of a dispute as to the identity of an entrant based on the Twitter username submitted, Entry will be awarded to the authorized account holder of the Twitter username from which said Entry was submitted provided such individual is eligible according to these Official Rules. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered Tweets, questions, answers, Mentions, Follow requests, direct messages or Entries, or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the Internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of direct messages, tweets, questions, answers, Mentions or Entries, the announcement of a prize, for any injury or damage to participant's or any other person's computer or other device relating to or resulting from participation in this Promotion, or for printing, typographical, human or other errors appearing in these Official Rules or other Promotion-related materials. Sponsor reserves the right, in its sole discretion, to void any Entries or Follow requests of entrants and disqualify such entrants whom Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion and/or who are in violation of these Official Rules.
Winner Selection: One Grand Prize winner will be selected via a random drawing, from amongst all Entries with correct Picks. Sponsor, whose decisions will be final and binding in all matters relating to this Promotion, will conduct the random drawing. Potential winners will be notified via Twitter Direct Message by Sponsor from the ESPN handle and must respond within five (5) days. If an eligible Minor is selected as a winner, prize may be awarded in the name of said Minor's parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winners set forth herein.
Grand Prize: Four (4) tickets for the Grand Prize winner and three (3) guests to attend one (1) 2014 MLB Opening Day game at the Major League Baseball ballpark of winner's choice. Prize does not include transportation, accommodations or other expenses, costs or fees associated with the prize including, without limitation, any and all taxes, food, gratuities and souvenirs. Total ARV of Grand Prize: $150-$2,500, depending on the Major League Baseball ballpark selected by the winner. Seat locations at the game shall be determined in the sole discretion of Sponsor. Winner's companions 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. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, 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 the 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 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 prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).
Miscellaneous: No transfer, assignment, cash redemption, or substitution of prize is permitted except by Sponsor, who reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion and except as otherwise provided herein. Potential winners will be required to provide their respective mailing address as well as any other information/documents required by Sponsor within five (5) days of date of issuance of notification. Non-compliance with any of the foregoing or with these Official Rules may result in disqualification and awarding of prize to an alternate winner for the drawing at issue, at Sponsor's sole discretion and time permitting. If potential prize winner's Twitter Direct Message, notification letter or prize is returned as undeliverable, or if a potential winner fails to respond to such Twitter Direct Message within five (5) days, potential winner will be disqualified and time permitting, the next runner-up for the applicable drawing will be notified, at Sponsor's sole discretion. By participating, entrants agree to be bound by these Official Rules and agree that the Released Parties: 1) may use (unless prohibited by law) entrant's name, city and state of residence, photograph, Entry, any oral or written statements, and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, and 2) shall have no liability and will be held harmless by entrant for any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize and any related activity thereto or participation in this Promotion. Sponsor reserves the right, in its sole discretion, to terminate this Promotion (or portion thereof) for any reason, including should virus, bugs, worms, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Promotion or for any other reason and, in the case of termination, at its discretion, select the winner(s) for the drawing(s) at issue from eligible non-suspect Entries received for the applicable drawing(s) prior to the event that required such termination. CAUTION: Any attempt to deliberately damage any website associated with this Promotion or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws and should such an attempt be made, the Sponsor and its agents reserve the right to seek damages (including attorneys' fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.
Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by New York law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Promotion or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Winners List: For the list of winners (available after 8/15/13), send a self-addressed, stamped envelope to be received by 8/31/13 to: HRD Twitter Winners, 147 W. 66th St., Nw York, NY 10023. The Promotion and all accompanying materials are copyright © 2013 ESPN Internet Ventures. Sponsor: ESPN Internet Ventures, 147 W. 66th St., New York, NY 10023.
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