The object of the Houston Astros Holiday Decoration Sweepstakes (the "Contest") is to submit an original [photo] (the "Submission") of a Houston Astros-themed holiday decoration. Staff members of the Houston Astros Baseball Club (the "Judges") will select the most compelling Submissions in accordance with these Official Rules and based upon criteria set forth in the Judging section below.
The Contest is open only to legal residents of Texas who are eighteen (18) years of age or older at the time of entry with a valid e-mail address and Internet access as of Friday, November 26th, 2010. 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 Houston Astros Baseball Club, Inc. ("Sponsor"), the other MLB Entities 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 the Prize (defined below). 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, The MLB Network, LLC, SportsOnEarth, LLC, Tickets.com, Inc. 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 Texas and where prohibited or restricted by law, rule or regulation.
The Contest entry period begins on Monday, November 29th, 2010 at 10:00 a.m. Central Time ("CT") and ends on Tuesday, December 21st, 2010 at 12:00 p.m. CT (the "Contest Entry Period").
Participants must log on to www.astros.com during the Contest Entry Period and click on the banners, buttons and/or links to access the online entry form for the Contest (the "Online Entry Form"). To enter, participants must first 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.
Upon successful transmission of a completed Online Entry Form as directed, you will receive a unique entry code (the "Code") which must be e-mailed to email@example.com along with your Submission. By successfully transmitting a completed Online Entry Form and e-mailing your Submission along with your Code as directed, you will be entered in the Contest and be a "Participant." Participants may be given the option to receive (a) commercial e-mails from astros.com and/or MLB.com and/or (b) mobile text messages and updates from astros.com and/or MLB.com; however, eligibility to participate in the Contest is not dependent upon Participant's consent to receive any such e-mails and/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.
Submission Requirements: Participants must upload their Submission as directed during the Contest entry process. Submissions must be in jpg format. Sponsor will not accept files that exceed one (1) megabyte (1MB) in total file size.
Online entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission. Participants who do not meet these Submission Requirements will be disqualified and ineligible to win a Prize.
The Judges will judge all eligible Submissions equally based on the following items: 90% Creativity and 10% display of Houston Astros spirit. On or about Tuesday, December 21st, 2010, the eligible Participant who submitted the most compelling Submission as determined by the Judges will be the Prize winner (the "Winner"). In the event of a tie, the creativity score will be used as the tiebreaker.
The eligible Winner will receive four (4) tickets for Winner and three (3) guests to attend one 2011 Houston Astros regular season home game in April or May (Opening Day Excluded) (the "Prize"). (Approximate Retail Value of the Prize: $156.) TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Exact Prize details including the exact game and seat locations at the game shall be determined in the sole and absolute discretion of the Sponsor.
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 the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
The 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 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. 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 Houston Astros, 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 stadium 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. The Released Parties (as 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.
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.
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 or multimedia 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 Submission 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, date of birth, address (city and state of residence), telephone number(s) and email address(es) (the "Personal Information") in connection with the Submission;
(3) assign to Sponsor and/or MLBAM, as applicable, 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 license 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 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 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).
Participants must 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 legal age of majority without providing Sponsor with 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, 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.
The 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 the potential Winner does not respond to such Prize Notification within three (3) days of date of issuance, a disqualification and prize forfeiture will result and an alternate potential Winner shall be chosen from among all remaining eligible Submissions. The 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 five (5) days of date of receipt. A disqualification and prize forfeiture 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 prize forfeiture 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 New York. Any court of competent jurisdiction sitting within the State of New York, New York County 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, 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, 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 the Winner or the distribution of the Prize. 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.
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, if any, 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 BY ANY INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE 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 Winner information (available after Tuesday, December 31st, 2010) or an additional copy of the Official Rules, mail a self-addressed, stamped envelope to: Astros Holiday Decoration Sweepstakes, Attn: Marketing, 501 Crawford St., Ste. 400, Houston, Texas 77002. Specify "Rules" or "Winners List."
Houston Astros Baseball Club, Inc., 501 Crawford St, Houston, TX, 77002
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