THE FINAL ENGAGEMENT™
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE OR REGULATION.
INTRODUCTION: The following paragraphs describe the official rules ("Official Rules") of the Final Engagement™ Contest (the "Contest") sponsored by Michael C. Fina and Hearts On Fire (the "Sponsors"). Information about how to enter the Contest and about the prizes available is part of these Official Rules.
Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules. By participating in the Contest, each Entrant represents and warrants that he or she has read, understood and agrees to be bound by these Official Rules, including the requirement that Entrant and his or her significant other, if Entrant is selected as the winner of the Contest, travel to New York at Entrant's sole expense (if travel is required) and make a live marriage proposal to his or her significant other at the Major League Baseball game played at Yankee Stadium in Bronx, NY on September 18, 2008 (the "Game"), or, if the Game cannot be played for any reason, an alternate date selected at the discretion of Major League Baseball and the Sponsors (the "Alternate Game").
These Official Rules, and any guides or rules referred to herein, constitute the entire agreement, and supersede any prior or other agreements, between Entrant and the Sponsors in relation to the Contest. To the extent of any inconsistency between these Official Rules and any other representations concerning the Contest, these Official Rules prevail.
DEFINITIONS
- "Entry" means a completed submission, including a Narrative and any supporting information or materials requested on the Entry Page (described below), that conforms to these Official Rules and any other Contest terms.
- "Entrant" means the eligible individual that submits a valid Entry under the terms of this Contest.
- "Narrative" means a written description of your interest in asking your significant other to marry you at Yankee Stadium that complies with the technical, creative and legal requirements set forth in the Narrative Criteria Section and elsewhere in these Official Rules.
- "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. <;i>
- "Sponsors" means Michael C. Fina and Hearts On Fire.
ELIGIBILITY: The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years or older at the time of entry (except in the case of legal residents of certain states or Washington DC where the age of majority is greater than eighteen (18) years of age, such age of majority). Employees, officers, and directors (including immediate family members such as spouses, parents, children and siblings and their respective spouses, regardless of where they reside and members of the same household, whether or not related) of the Sponsors, the other MLB Entities 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 Contest is subject to all applicable federal, state, local laws and regulations. Void where prohibited by law, rule or regulation.
SEVERABILITY: By participating in the Contest, each Entrant agrees that if any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction the remaining provisions shall remain in full force and effect to the extent consistent with the intentions of the parties.
CONTEST DATES: The Contest begins at 12:00 a.m. Eastern Time ("ET") on July 21, 2008 and ends at 11:59 p.m. ET on August 31, 2008 ("Entry Period"). Online entry only. No other method of entry will be accepted.
HOW TO ENTER: To enter the Contest, during the Entry Period, Entrant must go to michaelcfina.com, heartsonfire.com or yankees.com and click on the Contest banners, buttons and/or links to access the online entry form for the Contest (the "Entry Page"). On the Entry Page, Entrant must (a) complete and submit the online registration form with his or her name, date of birth (excluding year), address, city, state or province, postal code, country, phone number, email address, gender and e-mail marketing preferences; (b) indicate his or her assent to these Official Rules; and (c) using the space provided on the Entry Page, submit a Narrative following the instructions included therein.
By successfully transmitting the completed online entry form as directed, Entrant will be entered in the Contest. All information submitted online by entrants is subject to MLB.com's Website terms of use accessible at: http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp and Privacy Policy accessible at: www.mlb.com/privacy. Entrants must fully complete and submit all non-optional data requested on the online entry form. Incomplete entries are void. Entrants to the Contest may be given the option to receive (a) commercial e-mails from the New York Yankees, Michael C. Fina, Hearts On Fire and/or MLB.com; and/or (b) mobile text messages and updates from MLB.com; however, eligibility to participate in the Contest is not dependent upon entrant'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. There is no fee to enter the Contest.
Entries must be submitted online by 11:59 p.m. ET on August 31, 2008. Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Entry. The "authorized account holder" is defined as the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entries submitted may not be acknowledged and will not be returned. Limit one (1) Entry per person, email address or household. If more than one Entry is submitted, only the first Entry received by the Sponsors will be judged.
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Without limiting any representations or warranties, the Sponsors and MLBAM have the right (though not the obligation) to, in the Sponsors' sole discretion, reject or remove from the Sponsors' websites, servers and computer systems any Entry that, in the Sponsors' sole discretion, violates these Official Rules or is in any way harmful or objectionable. Sponsors also reserve the right to disqualify any Entrant or Entry at the Sponsors' sole discretion.
NARRATIVE CRITERIA: All Narratives must meet the following criteria to be eligible for the Contest: (a) Narratives must be the original work of the Entrant; (b) Narratives must be consistent with these Official Rules, (c) Narratives must be two hundred and fifty (250) words or less, (d) Narratives must not contain content that is likely to be considered offensive by Sponsors or could adversely affect the name, reputation or goodwill of the Sponsors or any MLB Entities; and (e) Narratives may not infringe on or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights. Notwithstanding anything in these Official Rules to the contrary, Entrants must not include any of the following content in any Narrative: (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; (v) content in violation of third party rights including, but not limited to: copyrights, including music copyrights, trademark right of publicity or any other proprietary rights; (vi) libelous, defamatory, disparaging, tortuous or slanderous materials; (vii) content that denigrates, disparages or reflects negatively on (a) the MLB Entities, their owners and employees, or the game of baseball, or (b) any person, company, product or service; (viii) tobacco, alcohol or drugs; (ix) dangerous stunts; (x) real weapons of any kind including, but not limited to, guns, knives or projectiles; (xi) 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; (xii) individuals under the legal age of majority without enclosing signed release from parent or guardian; (xiii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiv) material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Narrative is created. Any Narrative that does not comply with the foregoing, in the sole discretion of Sponsors and/or MLBAM, as applicable will be disqualified and eliminated from consideration.
JUDGING AND WINNER SELECTION: All Narratives will be reviewed and scored by a two-judge panel selected by Sponsors (the "Judges") based on the following judging criteria: (a) context, i.e. what Yankee Stadium, the New York Yankees or Major League Baseball means to Entrant and/or Entrant's significant other (30%); (b) creativity (30%); (c) overall appeal (30%); (d) technical correctness of the Narrative, i.e. grammar, spelling and overall quality of the writing (10%).
PRIZES: One (1) grand prize and three (3) runner-up prizes will be awarded. The grand prize winner will receive a prize package (the "Grand Prize") comprising: a Hearts On Fire diamond engagement ring, including center diamond and semi-mounting (approximate retail value ("ARV"): US $30,000) and four (4) tickets to the Game or, if the Game cannot be played for any reason, the Alternate Game (ARV: $1300). TRAVEL AND ACCOMMODATION NOT INCLUDED. (ARV of Grand Prize: $31,300). The three (3) runner-up prize winners will receive a prize package (the "Runner-up Prize") comprising: US $2,500 of fine jewelry from Hearts On Fire and US $2,500 towards the purchase of an engagement ring or wedding band(s) at Michael C. Fina. (ARV of each Runner-up Prize: US $5,000).
Grand Prize winner agrees to travel (if travel is required) with his or her significant other to New York at winner's sole expense and make a live marriage proposal to his or her significant other at the Game. Winner further agrees that, if the Game cannot be played for any reason, winner will travel (if travel is required) with his or her significant other to New York for the Alternate Game and make a live marriage proposal to his or her significant other at the Alternate Game.
Each 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 any 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 a prize are the sole responsibility of the winners. Grand Prize 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 New York Yankees 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. Grand Prize winner and his or her guest(s) agree to comply with all applicable stadium regulations in connection with accepting the Grand Prize. Sponsors and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his or her guest(s) who act(s) in an unsportsmanlike 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.
Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsors' sole discretion. There will be no substitutions for any prizes except by Sponsors who reserve the right to substitute a prize (or portion thereof) with one of comparable or greater value at their sole discretion.
NOTIFICATION OF WINNERS: Each Winner will be selected on or around September 5th, 2008. The decisions of the panel are final on all matters relating to the Contest and no correspondence will be entered into. Winners will be notified by e-mail and/or telephone by the Sponsors and/or MLBAM on or around September 8th, 2008. If a winner fails to respond to a prize notification within five (5) days after his or her selection, or in the event of non-compliance with any of these requirements, the prize will be forfeited, and the Entrant having the next highest score will be deemed the winner. All winners will be subject to verification of eligibility and compliance with these Official Rules, will be required to sign and return to Sponsors an affidavit of eligibility, liability/publicity release within five (5) days of the date of winning notification, otherwise the prize (if applicable) will be forfeited, and the Entrant having the next highest score will be deemed to be the winner.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an Entry, each Entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsors, the other MLB Entities and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize. Such waiver shall be effective even though Sponsors or any MLB Entity have been specifically advised of the possibility of such damages. By participating in the Contest, each Entrant further agrees that in no event will the liability of the Sponsors, the MLB entities or any Sponsor entity relating in any way to these Official Rules, the Contest or the Entrant's participation therein exceed the greater of US$1,000 or any other amounts paid by the Entrant to enter into the Contest. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to a particular Entrant. If the preceding release is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, Entrant agrees that any claims, disputes or causes of action will be resolved individually and any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred.
By acceptance of a prize, each Winner grants to Sponsors, MLBAM and each of their respective designees the right to publicize such Winner's name, city, address (state of residence), photograph, voice and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.
INTELLECTUAL PROPERTY: By participating in the Contest and submitting a Narrative, each Entrant (i) agrees that his or her Narrative 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: and (ii) covenants to grant, and thereby grants, to Sponsors, MLBAM and each of their respective designees a nonexclusive, irrevocable, sublicensable, unconditional, unlimited, perpetual, transferable, worldwide royalty-free license to the Narrative to reproduce, modify, excerpt, distribute, publish, display and publicly perform the Narrative and/or any derivative works in any and all media now or hereafter devised in perpetuity, without notice and without further compensation, except where prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, delayed, incomplete, corrupted or garbled entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of any prize or in any Contest-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsors' representatives or who are in violation of these Official Rules, as solely determined by Sponsors, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsors, MLBAM or their respective agents. Sponsors shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in their sole discretion.
BY PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES (I) MAKE NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES; AND (II) DISCLAIM ANY IMPLIED WARRANTY.
All disputes will be resolved under applicable U.S. laws in the County of New York, state of New York.
Sponsors and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation before the scheduled end of the Contest, Sponsors will determine the winner from among all eligible non-suspect entries received up to the time of such cancellation.
Sponsors' and Major League Baseball's trademarks and copyrights are proprietary to the Sponsors and the MLB Entities, respectively. All rights reserved.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSORS AND MLBAM RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. All online entries must include a valid email address for the entrant. In the event of dispute as to the identity or eligibility of a winner based on an email 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.
WINNERS' LIST: For a list of Winners (available after September 22, 2008, mail a self-addressed stamped envelope to: Michael C. Fina, Att'n: Marketing Department, 545 Fifth Avenue, New York, NY 10017. Winners list requests must be received (not just postmarked) by October 22, 2008.
SPONSORS: The Sponsors of this Contest are Michael C. Fina and Hearts On Fire. This Contest is not produced or executed by any of the MLB Entities.
Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.