MILWAUKEE BREWERS “DESIGN A YOUniform” CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the “Milwaukee Brewers ‘Design A YOUniform’ Contest” (the “Contest”) is for fans to submit original, creative designs for an alternative Brewers jersey and hat (the “Design” or “Submission”) that will be worn by the Milwaukee Brewers for a game during Spring Training 2013. The Milwaukee Brewers Baseball Club (“Milwaukee Brewers” or “MBBC” or “Sponsor”) will select the four (4) most compelling Designs (the “Finalists”) that will be judged in accordance with these Official Rules by a panel consisting of staff members of MBBC (the “Brewers Staff”), representatives of Majestic, New Era, Milwaukee Journal Sentinel (the “Representatives”) (the Brewers Staff and Representatives, collectively the “Judges”), and a Fan Vote ((as defined in the Judging and Fan Vote section below). The Judges will vote and select one (1) Finalist as the winner of the Contest (the “Winner”) in accordance with these Official Rules and based upon the Judging Criteria (as defined in the Judging and Fan Vote section below). The Winner will be announced at Brewers On Deck FanFest 2013.
The Contest is open only to legal residents of the fifty (50) United States and Washington, D.C. 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) at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Milwaukee Brewers, the other MLB Entities (as defined below), Majestic Athletic, New Era Cap Company, Inc., Milwaukee Journal Sentinel, Milwaukee Sportservice, sponsors and contest judges 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 (as defined below). 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 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, shareholders, general and limited partners, directors, officers, employees and agents of the foregoing entities. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
The Contest entry period begins on November 16, 2012 at 10:00:01 a.m. Central Time (“CT”) and ends on December 13, 2012 at 11:59:59 p.m. CT (the “Entry Period”).
HOW TO ENTER
To enter, participants must (1) log on to Brewers.com/uniform during the Entry Period and click on the Contest banners, buttons and/or links to access the online entry form for the Contest, or (2) bring the your Design and all Required Information (defined below) to the Brewers Team Store by Majestic at Miller Park in Milwaukee, Wisconsin. To enter, all participants must read and consent to these Official Rules during the Contest entry process. Participants must also provide their complete name, date of birth, address, city, state, ZIP/postal code, telephone number and e-mail address (the “Required Information”), and Submission pursuant to (1) the Design Requirements (as set forth in the Design Requirements section below), and (2) the Content Restrictions (as set forth in the Content Restrictions section below). By fully completing and submitting all required information you will be automatically entered in the Contest and be a "Participant." Participants may be given the option to receive (a) commercial e-mails from brewers.com and/or MLB.com and/or (b) mobile text messages and updates from brewers.com and/or MLB.com; however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive such e-mails or mobile text messages and updates and consenting to receive any such e-mails and/or mobile text messages and updates will not impact any Participant's chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Participants must download a template form for the Design from Brewers.com/uniform. This form will include blank outlines for Designs in addition to specific instructions and rules. Using the template form, participants must design both the jersey top (front/side/back) and cap (front/side/back). Designs may by submitted by electronic upload onto Brewers.com as directed or in-person drop off at the Brewers Team Store by Majestic at Miller Park. Online Submissions must be in one (1) of the following formats: .pdf or .jpeg and must not exceed 5MB in total file size. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit a Design.
Off-line Participants must agree to these Official Rules including, without limitation, all Design Requirements and Content Restrictions and submission of a Design signifies Participant’s such agreement and consent. Off-line entries become the property of Sponsor and will not be returned.
JUDGING AND FAN VOTE
A Preliminary round of judging by an internal committee composed of Brewers Staff (the “Prelim Committee”) will commence beginning the week of Nov. 26, 2012 and ending on December 17, 2012 (the “Prelim Judging Period”), the Prelim Committee will evaluate all eligible Designs submitted and select the four (4) Finalists based upon the Judging Criteria (defined below).
Upon completion of the Prelim Judging Period, the Judges will judge the Finalists based on the Judging Criteria. Each Judge will rank the Finalists on a scale based on the most compelling Designs with the most compelling Design receiving four (4) points, the second most compelling Design receiving three (3) points, the third compelling Design receiving two (2) points and the least compelling Design receiving one (1) point.
On or about January 15, 2013, at 10 a.m. CT, the Finalists will be announced and fan voting (the “Fan Vote”) will open at Brewers.com and continue until January 22, 2013 at 10:00 a.m. CT (the “Voting Period”). Limit one (1) vote per email address per day during the Voting Period. Additional votes beyond the specified limit will be void. Votes or email addresses generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void and constitutes tampering with the Contest.
On or about January 23, 2013, the Judges scores and the Fan Vote will be tallied to determine the Winner. If there is a tie in points based, the Finalist that received the most votes in the Fan Vote will be declared the Winner. If there is a tie among any potential Winners based on the Fan Vote, the score for originality/creativity will be used as a tiebreaker.
The Prelim Committee and the Judges (but not the fans) will judge all eligible Designs based on the following judging criteria (the “Judging Criteria”): overall appearance, originality/creativity, style and quality of the design.
Five (5) prizes (each, a “Prize” and collectively, the “Prizes”) will be awarded as follows:
Each of the four (4) Finalists will be invited to travel to Milwaukee to attend the Brewers On Deck FanFest scheduled to take place at the Delta Center in Milwaukee, WI on January 27, 2013 (each, a “Finalist Prize”). The Finalist Prize will include air transportation (if necessary as determined solely by MBBC), a standard hotel room for Saturday night (if necessary as determined solely by MBBC), and $250 to be used for incidentals and ground transportation. The Winner, determined by the Judges and Fans, will be announced on the Main Stage of Brewers On Deck FanFest. Approximate retail value (“ARV”) of each Finalist Prize: between $250 and $900, depending on various factors.
The Winner’s Design will appear on the uniforms to be worn by all Milwaukee Brewers players (the “Players”) for the Spring Training game on Friday, March 22, 2013 against the Chicago Cubs (the “Game”) in Phoenix, Arizona. Game date subject to change. The Milwaukee Brewers expressly reserve the right to make changes to any Design submitted, in its sole discretion, that may appear on uniform to be worn Players. The Winner will receive a trip to see the Game (the “Grand Prize”). The Grand Prize will include air transportation for the Winner and one (1) guest from a major U.S. gateway airport served by the Brewers selected carrier to a major U.S. gateway airport nearest Phoenix, Arizona, two (2) tickets for the Winner and his/her guest to attend the Game, and $1,500 for hotel, transportation, and other incidentals in connection with the Grand Prize. The Winner will also be allowed to select one (1) Player’s jersey and one (1) hat from the Game to keep and will receive ten (10) t-shirts and ten (10) hats made from his or her Design. Trip must be taken on dates specified by MBBC or the Grand Prize will be forfeited. If the Game or any other portion of the Grand Prize is canceled or postponed for any reason, the Grand Prize will be awarded without the applicable canceled or postponed portion(s) and MBBC may substitute the applicable portions with other item(s)/activity(s) of comparable or greater value as determined solely by MBBC. Travel and hotel accommodation restrictions apply. Travel arrangements must be made through MBBC's agent and on a carrier of MBBC's choice. Grand Prize winner and his/her guest are responsible for obtaining all required travel documents prior to travel. Grand Prize winner and his/her guest must travel together on the same itinerary. The Grand Prize winner's guest must be of legal age of majority in his/her state of residence (and at least eighteen (18) years of age) unless the child or legal ward of the Grand Prize winner. ARV of the Grand Prize: $4,000.00.
The Prizes are non-transferable and non-assignable, with no cash redemptions except at the Milwaukee Brewers’ sole and absolute discretion. Major League Baseball game, event and exhibition tickets awarded as part of any Prize 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).The Milwaukee Brewers reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
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 the 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 winners. All Prize details shall be determined in the sole and absolute discretion of the Sponsor. Limit one (1) Finalist Prize per person, family or household. Winners’ 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 may 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. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any 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 (as 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.
The 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.
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, visual and/or multimedia production, the receipt of which opportunities shall be sufficient consideration for this Consent, Assignment and Release, each Participant does hereby:
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 legal 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).
The Milwaukee Brewers expressly reserve the right to declare or request any design that the Milwaukee Brewers may deem, in its sole discretion to be in poor taste or to otherwise reflect poorly on the team or Major League Baseball. Notwithstanding the foregoing, Participants must not include any of the following content (the "Content Restrictions") in any Design: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious 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 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, or otherwise in violation of or contrary to the laws or regulations in any state where the Design is created. Any Design that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
All Submissions must at a minimum, comply with Design template attached as Exhibit A [and the following (collectively, the “Design Requirements”):
Each potential Finalist shall be notified on or about January 23, 2013 by e-mail and/or telephone by MBBC and may (in MBBC's discretion) be confirmed by postal mail, return receipt (the "Prize Notification In the event that any potential winner does not respond to such Prize Notification within twenty-four (24) hours of the time of issuance, a disqualification and prize forfeiture will result and, at MBBC's sole discretion and time permitting, an alternate potential Finalist shall be chosen from among all remaining eligible Submissions. Each potential Finalist may be required to submit his/her valid social security number and/or other identification to MBBC. Each potential Finalist agrees that he/she shall execute the Statement of Eligibility, Release of Liability and Publicity (where legal) and Assignment (the “Affidavit”) that follows and is part of these Official Rules and shall cooperate fully with MBBC with all components of the Contest. Each potential Finalist must return the executed Affidavit within one (1) day of the date of receipt. A disqualification and prize forfeiture will result and, at MBBC's sole discretion and time permitting, an alternate potential Finalist 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 any potential winner's noncompliance with these Official Rules will also result in disqualification prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Designs.
GENERAL CONDITIONS: By participating in the Contest, each Participant (a) accepts and agrees to be bound by these Official Rules including all eligibility requirements; and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for Contest administration purposes.
All applicable federal, state, and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. As a condition of entering this Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. This Contest and these Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.
Sponsor, the MLB Entities, Facebook, Majestic Athletic, New Era Cap Company, Inc., Milwaukee Journal Sentinel, Milwaukee Sportservice, and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees 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 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, the tabulation of scores or votes, 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 thereof) 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 Brewers.com, the Official Site of the Milwaukee Brewers. This Contest may not be used for, or in connection with, any form of gambling.
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 winner from among all eligible, non-suspect Submissions submitted 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 TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of dispute as to the identity or eligibility of any potential 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.
For a list of winners, mail a request and a self-addressed, stamped envelope to be received by June 30, 2013: Milwaukee Brewers Baseball Club, Attn: “Milwaukee Brewers ‘Design A YOUniform’ Contest” Winners List, One Brewers Way, Milwaukee, WI 53214.
The Sponsor of this Contest is Milwaukee Brewers Baseball Club, L.P., One Brewers Way, Milwaukee, WI 53214.
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