Celebration Prize Pack SWEEPSTAKES (THE “SWEEPSTAKES”)

 

OFFICIALRULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID OUTSIDE THE TERRITORY, AND 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.

 

ELIGIBILITY:  The Sweepstakes is open only to legal residents or those residing of the state of Indiana located within twenty (20) miles of Victory Field (501 W. Maryland Street, Indianapolis, IN 46225) (“Territory”) who are eighteen (18) years of age or older at the time of entry.  Employees, officers, and directors, and their 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 Freddy’s Frozen Custard & Steakburgers (“Sponsor”), Indianapolis Indians and the other NAPBL Entities (defined below), the MLB Entities (defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Sweepstakes are not eligible to participate or win a prize.  "NAPBL Entities" shall mean The National Association of Professional Baseball Leagues, Inc. (“NAPBL”), each NAPBL club, each NAPBL League, Professional Baseball Promotion Corporation, Professional Baseball Umpire Corp., Baseball Internet Rights Company, LLC, BIRCO Holding Company, LLC, Minor League Baseball Charities, MiLB Enterprises, LLC, MiLB Enterprise Holdings, LLC, each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with NAPBL and the NAPBL clubs and NAPBL Leagues, and all officers, directors, employees, agents, partners and members of those entities. "MLB Entities" means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, 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.  The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void outside the Territory, and where prohibited or restricted by law, rule or regulation.

 

HOW TO ENTER: The Sweepstakes entry period begins at 8:01 PM Eastern Time (“ET”) on August 10, 2020 and ends at 11:59 PM ET on August 31, 2020 (“Entry Period”).  Online entry only. No other method of entry will be accepted. Limit one (1) entry per person/email address/household.  Additional entries beyond the specified limit will be void.

 

To enter, go to https://www.milb.com/indianapolis/ballpark/win and click on the Sweepstakes banners, buttons and/or links to access the online entry form for the Sweepstakes.  By successfully transmitting a completed online entry form during the Entry Period as directed, you will be entered in the Sweepstakes.  All information submitted online by entrants is subject to, and will be treated in a manner consistent with, Minor League Baseball’s website Terms of Use (accessible at milb.com/about/terms) and Privacy Policy accessible at (milb.com/about/privacy). Entrants must fully complete and submit all non-optional data requested on the entry form to be eligible. Incomplete and/or inaccurate entries are void. All online entries must include a valid email address for the entrant. 

 

RANDOM DRAWING; ODDS: The potential winners of the Sweepstakes will be selected by random drawing on or about September 1, 2020, from among all eligible entries received.  Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. Odds of winning depend on the total number of eligible entries received. Limit one (1) prize per person, family or household.

 

PRIZES: Three (3) Prizes Will Be Awarded.  Each winner will receive one (1) Celebration Prize Pack, containing Freddy’s Frozen Custard, a variety of toppings and utensils determined by Sponsor at its sole discretion, delivered to winner’s residence within the Territory by Indianapolis Indians mascot, Rowdie .  Approximate Retail Value of each Prize: $100.00. The exact date, time, nature and duration of the delivery shall be determined by Sponsor at its sole discretion and subject to availability.

 

 

PRIZE CONDITIONS: All prize details shall be determined in the sole and absolute discretion of Sponsor. 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 prize acceptance and use which are not specifically included in the prize description above, including but not limited to lodging, transportation costs, meals, insurance, gratuities and other expenses are the sole responsibility of the winners. 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 any prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. 

 

NOTIFICATION:  Each potential winner will be notified at the email address, postal address and/or telephone number (as determined by Sponsor) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to Prize Notification within three (3) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries.  Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility  and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, the return of Prize Notification or of the prize (or any portion thereof) may result in the potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.

 

WAIVER OF LIABILITY/PUBLICITY RELEASE:  By entering the Sweepstakes, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, the NAPBL Entities, the MLB Entities, Facebook, Inc., Apple, Inc. 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 other entity associated with the Sweepstakes, 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 participation in the Sweepstakes, receipt or use of any prize (or any portion thereof) or any travel or activity related thereto.  By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor, Indianapolis Indians and/or NAPBL by telephone, email and/or postal mail for Sweepstakes purposes.  Each winner, by acceptance of the prize, grants to Sponsor, the NAPBL Entities, MLB and each of their respective designees the right to publicize his/her name, city and state of residence, photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

 

GENERAL CONDITIONS:  The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes.  Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in  wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of any winner or in any Sweepstakes-related materials, or the cancellation or postponement of any Minor 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 Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes website.  Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor, Indianapolis Indians and/or NAPBL or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor, Indianapolis Indians, NAPBL and/or their respective agents.  Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion.  Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (ii) disclaim any implied warranty.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

 

Sponsor and NAPBL reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor and NAPBL also reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the winners and award the prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, NAPBL, INDIANAPOLIS INDIANS AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Entries generated by a script, macro or other mechanical or automated means will be disqualified.  In the event of dispute as to the identity or eligibility of any potential winner based on an email address, the winning entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules.  The “Authorized Account Holder” is the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address.

 

ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Sweepstakes, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, 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 JAMS 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.  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.

 

WINNERS LIST:  For the winners’ names, mail a request and a self-addressed stamped envelope to be received by October 5, 2020 to: Celebration Prize  Pack Sweepstakes Winners List c/o Indianapolis Indians, Victory Field, 501 W. Maryland Street, Indianapolis, IN 46225.  

 

SPONSOR: The Sponsor of this Sweepstakes is Freddy’s Frozen Custard & Steakburgers at 1620 East Riverside Drive, Indianapolis, IN 46202.

 

This Sweepstakes is in no way sponsored by any of the NAPBL Entities. Minor League Baseball trademarks, service marks, and copyrights are proprietary to the NAPBL Entities. All rights reserved.

 

All entry data provided via the online entry form is provided to Sponsor, Indianapolis Indians and/or NAPBL. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. Apple is not a participant in or sponsor of this promotion.