FANtastic All-Star Photo Contest Official Contest Rules NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. INTERNET ACCESS REQUIRED. MAKING A PURCHASE DOES NOT INCREASE CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 1. DESCRIPTION: The “FANtastic All-Star Photo Contest” (the "Contest") allows eligible entrants (each an “Entrant” and collectively, “Entrants”), as defined in Section 2 below, in each of fifteen (15) Regional Sports Networks (“RSN”) the opportunity to submit two (2) baseball themed photographs (each a “Photo” collectively the “Photos”) and an “Essay” (defined below) (the Photos and Essay shall collectively be referred to as the “Submission”) for consideration as defined below. The sponsor of this Contest is Fox Sports Net, Inc. (“Sponsor”). The administrator of this Contest is Creative Zing Promotion Group ("Administrator"). The MLB Entities (as defined below) are not responsible for the collection, submission or processing of entries, the administration of the Contest, the selection of the winners or the fulfillment of the prizes. Participation in the Contest is also governed by Sponsor’s Terms of Use (the “Terms of Use”) and Sponsor’s Privacy Policy (the “Privacy Policy”), and such Terms of Use and Privacy Policy are hereby incorporated in their entirety into these Official Rules by reference. In case of a conflict between the Terms of Use, Privacy Policy and/or the Official Rules, these Official Rules shall govern. The Contest will operate as follows: Submission Period: The Submission Period begins on Wednesday, May 13, 2015 at 12:01am Pacific Time (“PT”) and ends on Wednesday, June 3, 2015 at 11:59pm PT (“Submission Period”). Submission Review & Judging: Concurrent with and following the Submission Period, eligible Submissions will be evaluated and judged according to the criteria in Section 4 by judges selected by the Sponsor (the “Judging Panel”). Based on initial review and evaluation of the Submissions, the Judges will score each Submission and select up to one (1) finalist from each RSN (each a “Finalist”, collectively the “Finalists”) (Up to fifteen (15) Finalists total). Finalist Notification: On or about Thursday, June 11, 2015, up to fifteen (15) Finalists, as determined by the results of the judging, will be contacted to confirm eligibility, obtain releases and participate in a phone interview (“Phone Interview”), according to Section 4 & 5 of these Official Rules. Phone Interview: Phone Interviews will be scheduled with each Finalist to take place between Wednesday, June 17, 2015, and Wednesday, June 24, 2015 in order to evaluate the veracity of Finalists Submission Essay and to verify that Finalist meets the entry requirements. Public Voting Period: The Public Voting Period begins Wednesday, June 17, 2015 at 12:01am PT, and ends Wednesday, June 24, 2015 at 11:59pm PT. Winner Notification: On or about Wednesday, July 1, 2015, one (1) “Grand Prize Winner”, will be notified, according to Section 6 of the Official Rules. 2. ELIGIBILITY: In order for an Entrant to participate in the Contest and to be considered as the potential “Grand Prize Winner” (as defined below) the Entrant must meet the following eligibility criteria: Entrant must be at least eighteen (18) years of age or the age of majority in his or her state of primary residence at the time of entry; Entrant must be a legal U.S. resident residing in one (1) of the fifteen (15) RSN’s as detailed in the Regional Sports Network Chart below; Entrant must NOT be under any contractual obligation that would conflict with this Contest; Entrant must be the individual reflected in the Photos (no third party photos are permitted) (If applicable, Entrant must have the permission of each individual appearing in each Photo to use their likeness in his/her Photo and for the Contest); Entrant must be the rightful owner of the Photos or must have the rights, title and interest necessary to submit the Photos for consideration in the Contest in compliance with these Official Rules; Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |2 Entrant must be the rightful owner of the e-mail address associated with the Submission. In the event of a dispute as to the identity of a Finalist, the Finalist will be deemed the natural person in whose name the email account associated with the provided email address was opened, provided that person is featured in the Submission; Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, and each of their respective parent companies, affiliates, divisions, subsidiaries, franchisees, agents, representatives and promotion, advertising agencies and/or any person or company working directly on the Contest (collectively, the “Contest Entities”), MLB Entities, and their affiliates and each of their respective employees, shareholders, officers, directors, members, successors, agents and assigns together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. 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 MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), Tickets.com, Inc., SportsOnEarth, LLC, 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. Entrant, if selected as a Finalist, must consent to a background check as a condition of being confirmed as the Grand Prize Winner. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Contest Entities to help ensure that an individual’s participation in the Contest will not, in Contest Entities’ sole discretion, bring the Released Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Released Parties. If requested, Entrant agrees to sign a waiver authorizing the release of personal and background information. Contest Entities reserve the right to contact any person or entity, including any third party, referenced in the background check. RSN FOX Sports Arizona FOX Sports Detroit FOX Sports Florida SunSports FOX Sports Kansas City FOX Sports Midwest FOX Sports North FOX Sports Ohio Sports Time Ohio FOX Sports West / PrimeTicket FOX Sports San Diego FOX Sports Southwest FOX Sports South/SportSouth FOX Sports Wisconsin YES Network Regional Sports Network Chart RSN Eligible States Arizona, New Mexico Michigan Florida Florida Kansas, Missouri Missouri, Illinois, Iowa Minnesota, North Dakota, South Dakota, Iowa, Wisconsin Ohio Ohio California, Hawaii California, Hawaii Texas, Oklahoma, Louisiana Georgia, Tennessee, Mississippi, South Carolina, North Carolina, Alabama, Kentucky Wisconsin New York, New Jersey 3. HOW TO ENTER: During the Submission Period, eligible Entrants may enter by going to http://www.foxsports.com/fantasticallstar (the “Website”) and complete the online entry form by completely and accurately providing all of the requested registration information including: first name, last name, email address, daytime phone, address, favorite baseball team, and the RSN in which the Entrant is entering. Additionally each Entrant will be required to submit an essay describing why they are the biggest FAN of their Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |3 hometown baseball team, and why the Entrant deserves a chance represent their team in Cincinnati during All-Star Weekend (the “Essay”). Upon completion of the entry form, the Entrant may upload their two (2) Photos to the Website by following the on-screen instructions. Eligible entrants will also be required to confirm that they have read, understand and agree to these Official Rules. Upon completion, Entrant will receive one (1) entry into the Contest. Additionally, each entrant will be given the opportunity to receive e-mail updates from the Sponsor and/or MLB.com (all information provided to MLB.com for this purpose is subject to, and will be treated in a manner consistent with, MLB.com’s Privacy Policy accessible at: www.mlb.com/privacy; however, eligibility to participate in the Contest is not dependent upon Entrant’s consent to receive such emails.. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT INCREASE CHANCES OF WINNING IN THE CONTEST. IMPORTANT: Remember, your Essay and Photos will be posted on the Website, during the Contest Period, for viewing by the general public; therefore, be sure that you are comfortable with your Essay and Photos before submitting. If you do not want your Essay and Photos to be made public do not enter this Contest. You can only use one (1) email address in connection with the Contest. Submissions must meet the following criteria: Essay should not exceed two thousand (2,000) characters (including spaces and punctuation); Photos must feature the Entrant; Submission must be submitted in accordance with the process described above; Photos must have been created specifically for this Contest, and not been previously published, or entered into, or received any awards in, any other contest or competition; Photos must be submitted in one of the following formats: .jpg, .gif, or .png; and Photos must not exceed 100 MB in file size. Submissions are subject to the following Content Restrictions: Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable; Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; Submission must NOT contain any derogatory references to any of the Released Parties, or to any professional sports team members, teams, events, or any stadiums or arenas that host professional sporting events; Submission must comply with the Website’s Terms of Use; Photos must NOT include images of other people (alive or dead) without permission from said person and must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights; and Photos must NOT include any 3rd party logos, insignia, trademarks, signage or slogans (including, but not limited to brand names, product names, logos, media, entertainment properties, insignia, location signage, photographs, artwork,) EXCEPT for MLB trademarks so as to not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party. The Contest Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Entrants who submit a Submission which violates any of these requirements may be deemed ineligible to receive the prize and their Submission may be void at the Released Parties’ sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submission deemed inappropriate or that does not comply with the Terms of Use. Submissions may not contain any derogatory references to any of the Released Parties. Incomplete or unintelligible entries will be disqualified. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |4 All Submissions must be received by Wednesday, June 3, 2015 at 11:59pm PT. Limit of one (1) entry/Submission per person. Entries in excess of the limits stated herein may result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested to be eligible to win. All information provided by Entrants becomes the property of Sponsor. Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. ELIGIBLE ENTRANTS MUST SUBMIT AN ENTRY/SUBMISSION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Contest Entities reserve the right to move, change or extend deadlines or dates in their sole discretion. Such changes, if applicable, will be communicated on the Website and, if applicable, existing Entrants may be notified. 4. FINALIST SELECTION & NOTIFICATION: All eligible Submissions will be reviewed and scored by the Judging Panel, selected by the Sponsor to determine one (1) potential Finalist from each RSN. Eligible Submissions will be judged in accordance with the following criteria: a. Creativity and Originality = 50% b. Execution = 20% c. Entertainment Value = 20% d. Adherence of Essay to the Contest theme = 10% In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest point score on “Creativity and Originality” will be deemed the Finalist. Up to fifteen (15) potential Finalists, as determined by the Judging Panel, will be notified by telephone and/or email on or about Thursday, June 11, 2015 and will be required to respond (as directed) to the notification attempt within twenty-four (24) hours (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of the potential Finalist standing, and in such case, Contest Entities may select an alternate Finalist according to the Judging Panel results. Potential Finalists will be required to verbally confirm eligibility and compliance with the Official Rules, then must execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents as may be required by the Contest Entities (the “Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Finalists will be required to verbally confirm eligibility and acceptance of advancement to Public Voting but CANNOT be deemed the Grand Prize Winner until all such properly executed Finalist Documents are returned and verified. Upon verbal confirmation of eligibility and acceptance of advancement to Public Voting, Finalists will participate in a phone interview. Upon return of the Finalist Documents, Finalists will be subject to a background check. Finalists are bound to confidentiality and are NOT permitted to publically announce their status as a Finalist (via social or traditional media) until the confirmed Finalists have been publically announced by the Sponsor (if Sponsor elects to make such announcement) or such other time as Sponsor grants the confirmed Finalists permission to share their status. A Finalist’s breach of such confidentiality will result in his/her forfeiture of the Finalist standing, and, in such case, Contest Entities may select an alternate. 5. PUBLIC VOTING & PHONE INTERVIEW: During the Public Voting Period, the Finalists Submissions will be made available for viewing on the Website. To vote on a Finalist Submission, go to the Website and follow the onscreen instructions to vote for your favorite. Limit one (1) vote per person per calendar day. At the conclusion of Public Voting each Submission will receive a score based on the percentage of total votes received. Concurrent with Public Voting, each Finalist will be required to participate in a brief phone interview with a Sponsor representative. Finalists who fail to complete a Phone Interview will receive a Phone Interview score of zero (0), and may be disqualified at the sole discretion of the Sponsor. 6. GRAND PRIZE WINNER DETERMINATION & NOTIFICATION: Finalist Submissions will be scored based on the following scoring system to determine the Grand Prize Winner: a. Judging Panel = 50% b. Public Voting = 30% c. Phone Interview = 20% Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |5 In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest “Judging Panel” point score will be deemed the Grand Prize Winner. The potential Grand Prize Winner will be contacted via telephone and/or email on or about Wednesday, July 1, 2015. Time is of the essence in awarding the Grand Prize. As a result, the potential Grand Prize Winner will be required to respond as directed by the Sponsor or Administrator to the notification WITHIN 48 HOURS. The failure to respond timely, to the notification may result in forfeiture of the Grand Prize and, in such case, Sponsor or Administrator may declare an alternate potential Grand Prize Winner, based on the Judging Panel results. Potential Grand Prize Winner will be required to verify address and to execute and return within seventy-two (72) hours (or a shorter time if required by exigencies) a “Prize Acceptance Form”, and other applicable releases, as determined by the Contest Entities, prior to officially being declared as the Grand Prize Winner. All documents must be returned within the time period directed by the Contest Entities. The failure to respond and/or return the Prize Acceptance Form in accordance with the stated deadlines may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate. Grand Prize will not be awarded until all such properly executed forms are returned. Grand Prize Winner’s “Guests”, as defined in Section 7 below, will also be required to execute a Travel Companion Release, as directed by the Contest Entities, prior to the travel departure date. Failure to return the executed Travel Companion Releases within the specified time period may result in forfeiture. The Grand Prize Winner will receive an IRS Form 1099 from the Sponsor for the actual retail value of the Grand Prize for the calendar year in which the prize was fulfilled. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion. 7. PRIZES: FINALIST PRIZES: Up to fifteen (15) Finalist Prizes are available (one (1) per Finalist). Each Finalist Prize consists of One Hundred Dollars ($100.00) in FOX Sports Shop Bucks. FOX Sports Shop Bucks will be awarded via promotional codes and can only be used at www.FOXSportsShop.com. Shopping Bucks have no cash value and will expire on December 31, 2015 at 11:59 PM PT. The FOX Sports Shopping Bucks are subject to all terms and conditions generally applicable thereto and are non-transferable and will be deemed void if sold, transferred, auctioned, or assigned to any third party. GRAND PRIZE (1): One (1) Grand Prize will be available to be won. The Grand Prize Package consists of one (1) 4-day/3-night trip to Cincinnati, OH (the “Trip”) for the “Grand Prize Winner” and up to three (3) travel companions (each a “Guest”, collectively “Guests”) to attend the 2015 MLB All-Star Game and events between July 12, 2015 and July 15, 2015 (each an “Event” and collectively the “Events”). The Trip will consist of the following: (a) round-trip, economy-class air transportation for the Grand Prize Winner and Guests to Cincinnati, OH from a major airport near the Grand Prize Winner’s residence (as selected by Sponsor); (b) three (3) consecutive nights’ hotel accommodations (up to two (2) standard rooms, double occupancy, room & tax only); (c) Event attendance (d) roundtrip ground transportation between the airport and hotel in OH; and (e) $500 in spending money for the Grand Prize Winner only. Event attendance will include the following for the Grand Prize Winner and up to three (3) Guests: (i) T-Mobile All-Star FanFest; and (ii) MLB All-Star Game tickets*. ARV of Grand Prize: Six Thousand Dollars ($6,000). The execution of additional releases and/or waivers of liability required by MLB Entities and/or any other applicable sanctioning body or prize provider may also be required and returned within the time period specified by such entities. The Grand Prize does not include tickets to any event or exhibition during the 2015 MLB All-Star Week other than as specifically set forth herein. Seat locations at the game shall be determined in the sole discretion of Sponsor. 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 Grand Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Grand Prize Winner and his/her Guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Grand Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Grand Prize Winner and/or his/her Guest(s) who engage(s) in a nonCreative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |6 sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties 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 Grand Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s). Tickets are otherwise subject to the terms and conditions which can be found on the back of the ticket. GRAND PRIZE WINNER AND GUEST(S) MUST TAKE TRIP FROM JULY 12, 2015 THRU JULY 15, 2015 OR THE GRAND PRIZE WILL BE FORFEITED. Travel must take place on dates designated by Sponsor. The dates of departure and return are subject to change at Sponsor’s sole discretion. In the event that the Event, or any portion of the Event, listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then assuming the Grand Prize Winner is willing and able to travel on the dates chosen by Sponsor, the Grand Prize Winner will receive the remaining components of the Grand Prize which shall constitute full satisfaction of Sponsor’s Grand Prize obligation to the Grand Prize Winner, and no other or additional compensation will be awarded. Sponsor will not replace any lost or stolen prizes. Sponsor makes no representations or warranties with respect to any prize. Any other costs or expenses associated with the Grand Prize will be the responsibility of selected winner. Actual retail value of Grand Prize will depend on point of departure, date of booking, any airfare fluctuations, and seasonal pricing; any difference will not be awarded. All bookings (flight and hotel) are subject to availability, changes in itinerary and other restrictions. Blackout dates may apply. Grand Prize Trip must be booked through Administrator. Grand Prize Winner and Guest(s) must travel together on same itinerary for the Trip. Guest(s) must be at least eighteen (18) years of age or older at the time of travel, or if a Guest is a minor, the winner must be such Guest's parent or legal guardian. Airline for Grand Prize Trip to be selected by Contest Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at the Contest Entities sole discretion. If Grand Prize Winner elects to travel with fewer than three (3) Guests, no additional compensation will be awarded. Sponsor will not replace any lost or stolen tickets or travel vouchers. Grand Prize Winner is solely responsible for all incidentals, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare will be charged to the Grand Prize Winner from stopover point for the remaining segments, including return, of the trip. Grand Prize Winner and Guest(s) must have and are solely responsible for obtaining all necessary identification and/or travel documents required for travel, including, but not limited to, a valid U.S. driver’s license or government issued ID. Neither the Contest Entities nor the MLB Entities are responsible if Grand Prize Winner or Guest(s) are denied access to any aircraft or entry/re-entry into destination country. In such an event, Grand Prize Winner and/or Guest(s) will be solely responsible for any expenses incurred and the Grand Prize may be forfeited, in whole or in part. Grand Prize Winner must comply with all hotel check-in requirements including, without limitation, the presentation of a major credit card. Neither the Contest Entities nor the MLB Entities are liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If, in the judgment of Sponsor, air travel is not required due to the proximity of the Grand Prize Winner’s residence to the destination, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Airline tickets, prepaid debit card and admission tickets are subject to the rules and regulations of the applicable issuer. Trip Conduct: Grand Prize Winner and Guest(s) shall conduct themselves with due regard to the public conventions and morals. The Grand Prize Winner and Guest(s) shall not, while representing the Contest Entities and MLB Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances The Grand Prize Winner and Guest(s) shall not commit any act that will tend to degrade the Contest Entities or the MLB Entities in society or bring the Contest Entities or the MLB Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities or MLB Entities. In the event the Grand Prize Winner or Guest(s) engage in behavior that (as determined by Contest Entities and the MLB Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |7 Contest Entities reserve the right to terminate the Trip early and send the Grand Prize Winner and Guest(s) home with no further compensation. 6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (iv) the Submission is in compliance with the Terms of Use; (v) the Submission is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (vi) the Submission is free and clear of any liens or claims with respect to the use of the Submission in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (vii) you will not use the Submission for any purpose other than creation and in accordance with these Official Rules, including without limitation, use in or in connection with any commercial endeavor, including, without limitation, t-shirts, posters, or other merchandise. 7. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, creative derivative works of or alter, sell, and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable any information, biographical data, and Submission submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the “Materials”), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Materials may be posted on the Website, or elsewhere in any media in the Contest Entities sole discretion, in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on the Website or elsewhere. Each Entrant authorizes Sponsor and its designees, licensees, successors and assigns to utilize, for eternity and in any manner they see fit, on a royalty-free basis, the Submission, and to make derivative works from such materials (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, MLB Entities and their affiliates and the respective employees, shareholders, officers, directors, members, agents, successors, assigns and licensees of each of the foregoing entities, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to post any Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to the Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules, the Terms of Use, and any release forms (as described above). In addition, by participating in the Contest and providing any Submission, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor and its designees, licensees, successors and assigns to use Entrant’s Submission, Submission Photos, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity. 8. RIGHTS OF ENTITIES RELATED TO THE CONTEST: Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission(s) whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Neither the Contest Entities nor the MLB Entities are responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of participation in the Contest. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |8 and MLB Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Neither the Contest Entities nor the MLB Entities are responsible for the content or practices of third party websites that may be linked to the Website. The Website may also be linked to websites operated by companies affiliated with the Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices. 9. CONDITIONS OF PARTICIPATION/RELEASES: By participating, each Entrant agrees to be bound by these Official Contest Rules and the decisions of the Contest Entities, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, each Entrant agrees to release and indemnify the Contest Entities; MLB Entities, each of their respective parent, subsidiaries, limited liability and other affiliated companies, units and divisions and advertising and promotional agencies and any other agents, and prize suppliers; each of these foregoing entities’ respective shareholders, officers, directors, agents, members, representatives and employees; and each of these companies’ and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, use, or misuse of any prize. Each Entrant, as a condition of receiving a prize, authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state of residence in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. By entering the Contest, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will Entrant’s attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Contest; (v) the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. The Released Parties assume no responsibility for any damage to an Entrant’s computer system, which is occasioned by accessing the Website, or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to cancel, modify or suspend the Contest (or any portion of the Contest) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit you from participating in the Contest or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 10. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 Page |9 CONTEST ENTITIES IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. IN NO EVENT WILL THE RELEASED PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTEST ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST. WITHOUT LIMITING THE FOREGOING, ALL PRIZES, THE WEBSITE AND THE CONTEST ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST ENTITIES AND MLB ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 11. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. 12. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://www.foxsports.com/privacy-policy. By entering the Contest, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Contest Entities for the purpose of Contest administration and prize fulfillment. In addition, by opting-in to receive additional information from Sponsor, you are granting Sponsor permission to send you promotional e-mails and reminders about products and services. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT INCREASE CHANCES OF WINNING IN THE CONTEST. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy. 13. SPONSOR: Fox Sports Net, Inc., 10201 W. Pico Blvd., Los Angeles, CA 90035. Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044 P a g e | 10 14. ADMINISTRATOR: Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32810. 15. WINNER: The name of the winner will be posted on the Website. Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved. Creative Zing Promotion Group | 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801 | 407.514.0044
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