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 MLB.com Beat the Streak (the "Contest") is to establish a virtual "hitting streak" and keep it going for as long as possible. You'll do this by selecting one (1) or two (2) Major League Baseball ("MLB") player(s) on any game day, from a list displayed by MLB.com of MLB players who are on a MLB Club's active roster on that game day. If the player you select gets at least one (1) hit in the game for which you selected him, your streak continues. If the player you select does not get a hit, you can still participate, but your streak automatically ends and will be set to zero. You can make your daily player selections for up to ten (10) calendar days in the future. You can select any player as many times as you want over the course of the Contest Period (as defined below). If you choose to not make a selection on any game day, your streak will not end.
The Contest is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states") and Canada (excluding residents of the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states or jurisdictions where the legal age of majority is greater than eighteen (18) years of age, such of legal age of majority) at the time of entry with a valid e-mail address and Internet access as of March 26, 2014. Excluded residents may play, but WILL NOT be eligible to receive any prizes. Void in the Province of Quebec and where prohibited by law, rule or regulation.
Employees or consultants of the MLB Entities (defined below), Dunkin' Brands, Inc. or any of their respective parents, affiliates, subsidiaries or advertising and promotion agencies, and their immediate family members (parent, sibling, child or spouse and their respective spouses, regardless of where they reside) and any person residing in their same households, whether or not related, are not eligible to participate or win a prize. 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 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, parents, directors, officers, representatives, employees, agents, successors and assigns of the foregoing entities.
The Contest begins at 8:00 p.m. Eastern Time ("ET") on March 30, 2014 and ends following the conclusion of the final game of the 2014 MLB regular season (the "Contest Period"). For purposes of this Contest, the 2014 MLB regular season includes all potential MLB tiebreaker games, if any, played prior to the commencement of the 2014 MLB postseason.
How to Register
You may register to participate in the Contest during the period beginning on or about March 27, 2014 and ending five (5) minutes prior to the final game of the 2014 MLB regular season (the "Registration Period"). There are two (2) ways to register to participate in the Contest: online at www.mlb.com (the "MLB.com Portal") or by using the free MLB.com Beat the Streak mobile application (the "Application"). No other method of registration will be accepted. All entries must include a valid e-mail address for the participant. Limit one (1) registration per unique email address, regardless of method of registration.
1. Online Registration via the MLB.com Portal: To register online to participate, visit www.mlb.com/bts or www.mlb.com/fantasy during the Registration Period and click on the banners, buttons and/or links for the Contest to access the Contest registration page, then follow the directions provided to register for the Contest.
2. Beat the Streak Application: To register for the Contest via the Application, install the Application using a compatible device as directed. Click here for a list of supported compatible devices. Once installed, follow the instructions to launch the Application and register for the Contest. Please note: Standard data usage and other carrier fees may apply-check with your carrier for pricing details. Wireless service is not available in all areas. Throughout the Contest Period, MLBAM may release important updates to the Application for which you will receive notification via in-app messaging or otherwise. Be sure to install these updates to ensure you are able to make selections via the Application. If you do not install updates to the Application when they are available, you may be required to make your selections online via the MLB.com Portal.
MLBAM may, in its discretion, but shall be under no obligation to, make a one-time offer available during the Contest Period (the "Offer"), subject to certain terms and conditions specified at the time of the Offer, providing each participant the opportunity to have the first streak he/she accumulates that (i) is at least ten (10) and no more than fifteen (15) and (ii) fell within that range after accepting the Offer ("Mulligan Eligible Streak") automatically preserved if it would have otherwise been returned to zero in accordance with these Official Rules ("Mulligan"). Specifically, each participant upon accepting the Offer will automatically have the first Mulligan Eligible Streak he/she has accumulated after accepting the Offer preserved in the event the player he/she picks fails to get a hit in accordance with these Official Rules. By way of example only, if at the time a participant accepts the Offer, he/she has accumulated a streak of twelve (12) and selects Josh Hamilton on a Game Day where he takes at bats and fails to earn a hit, his/her streak will remain at twelve (12) for that Game Day. Participants will be given the option to accept the Offer, if any, at any time once it becomes available. However, for the avoidance of doubt, the "Mulligan Feature" will be applied only to a Mulligan Eligible Streak once. See the Double Down Pick Section below for further information about how a Mulligan will save a streak if a participant makes a Double Down Pick.
By registering and/or participating in the Contest, each participant agrees that MLBAM will solely resolve any disputes and rules violations that arise in connection with the Contest. MLB.com's computer shall be the official clock of the Contest. All decisions by MLBAM regarding the Contest shall be final and binding in all respects. Any incidence of collusion or cheating, as determined by MLBAM in its sole discretion, will be subject to disqualification from the Contest without limitation to any other rights or remedies available to MLBAM. If you have any questions regarding the Contest, please send an e-mail to MLB.com customer support.
HOW TO PLAY
Selecting Your Players
Each day on which a regular season MLB game is played during the Contest Period (each, a "Game Day"), you may select one (1) or two (2) players from a list displayed by MLB.com of MLB players who are on each MLB Club's active roster on that Game Day (the "Active Players List"). You may select any MLB player from the Active Players List, including any player you have previously chosen, until five (5) minutes prior to the scheduled start of the MLB game (the "Lock Time") in which such MLB player is on an active roster for that Game Day. You can make your daily player selection up to ten (10) calendar days prior to any Game Day and may change your selection at any time prior to the Lock Time for any applicable MLB player on that Game Day. The Active Players List may change as a result of injury or other roster changes, so be alert!
Establishing and Maintaining a Streak
Your streak is measured by the number of consecutive MLB game(s) the player(s) you select are credited with a hit during the Contest Period.
Unless the Mulligan feature applies (as set forth in the Mulligan Feature above), your streak will automatically end and you must start to build your streak again from zero if you select a player for any MLB game who does not get a hit and has at least (i) one (1) official at bat, or (ii) one (1) sacrifice fly during the MLB game for which you selected him.
Your streak will NOT end under any of the following scenarios (each such scenario, a "Pass"):
Participants will be allowed to make two (2) selections during any Game Day by making a "Double Down Pick." Selecting a second player means that a participant can increase their streak by two (2) in one (1) Game Day. If either of the selected players fails to earn a hit during the MLB game after he takes an at bat or has a sacrifice fly, then that user's streak automatically ends and returns to zero (unless the Mulligan feature applies, described above).
Participants will have the opportunity to make a Double Down Pick on any Game Day with the following exceptions:
To further illustrate the possible scenarios for a Double Down Pick, please refer to the table below.
|Pick 1||Pick 2||Result|
|Hit||Hit||Streak increases by two (2).|
|No Hit||No Hit||Streak ends and reset to zero unless a Mulligan applies in which case the streak is preserved at current level.|
|Hit||No Hit||Streak ends and reset to zero unless a Mulligan applies in which case the streak is preserved at current level.|
|Pass||No Hit||Streak ends and reset to zero unless a Mulligan applies in which case the streak is preserved at current level.|
|Hit||Pass||Streak is increased by one (1).|
|Pass||Pass||Streak is preserved at current level.|
In the event that a player you select is scheduled to play in a double-header on any given Game Day, you must select the exact MLB game of the double-header for which your pick will apply for that Game Day; provided, however that in the event any MLB game is rescheduled as a double-header on a Game Day for which you've already made your MLB player selection (e.g. ten (10) calendar days in advance), your MLB player selection will automatically apply for the first game of the double-header unless you manually change your MLB game selection in accordance with these rules.
For purposes of clarity, if any player is playing in a double-header, subject to the foregoing restrictions, you can select that player in each game of the double-header, meaning you can pick that player twice on that day.
The following rules shall apply in the event any 2014 MLB game(s) is officially suspended during the Contest Period (each, a "Suspended Game"):
Example: A participant with a streak of eleven (11) who doesn't make a Double Down Pick selects Dustin Pedroia to hit on the May 6th game that is suspended in the 7th inning. Pedroia goes 1-for-2 in the portion of the game that was played on May 6th. The participant's streak would increase to twelve (12).
Under any of these circumstances, for purposes of this Contest, your streak will not end and you will receive a Pass.
Example: A participant with a streak of eleven (11) who doesn't make a Double Down Pick selects Dustin Pedroia to hit on the May 6th game that is suspended in the 3rd inning. Pedroia goes 1-for-2 in the portion of the game that was played on May 6th. The participant's streak would remain at eleven (11).
Example: A participant with a streak of eleven (11) who doesn't make a Double Down Pick selects Dustin Pedroia to hit on the May 6th game that is suspended after the 7th inning. Pedroia goes 0-for-2 in the portion of the game that was played on May 6th. If the Suspended Game resumes on May 7th and Pedroia hits a single in the 9th inning of that portion of the game, that single will not count as a valid hit for purposes of this Contest.
For purposes of the Contest, hit totals will not be updated to reflect any official MLB statistics changes or corrections that occur after 9:00 AM ET the following day after the selections applicable game. Accordingly, any subsequent official MLB statistics changes will not result in recalculating any streaks in the Contest. By way of example only, in the event there is an official MLB scoring correction for a game played on Friday, July 18 that changes an error to a hit for a player you selected for that game, and the official MLB statistics change was made at 10:00 AM ET on Saturday, July 19, the scoring change would NOT be reflected in your hit streak.
Prize winners are fully responsible for any and all applicable federal, state, provincial 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 any and all costs and expenses incurred by accepting and using any prize are the sole responsibility of the winners. Cash prizes will be awarded in the form of a check in U.S. dollars (please see specific details for the manner in which the 57-Game Hitting Streak Prize (as described below) will be awarded). Prizes are non-transferable and non-assignable, with no cash redemptions except in MLBAM's sole and absolute discretion. MLBAM reserves the right to substitute a prize of comparable or greater value at its sole and absolute discretion. All prize details are at the sole discretion of MLBAM. NO PRIZES WILL BE AWARDED IF NO PARTICIPANT ACHIEVES A HITTING STREAK OF AT LEAST TWENTY (20) GAMES.
The first eligible participant, if any, to achieve at least a fifty-seven (57) game hitting streak, as determined by MLBAM in its sole discretion, will win five million, six hundred thousand U.S. dollars (US$5,600,000) (the "Grand Prize"). For the avoidance of doubt, a maximum of one (1) Grand Prize will be awarded for the entire Contest.
NOTE: Grand Prize will only be awarded if an eligible participant achieves a hit streak greater than or equal to fifty-seven (57), as determined by MLBAM, in accordance with these Official Rules.
The Grand Prize will be awarded as the winner's choice of either a thirty (30) year annuity or as one (1) lump sum payment representing the estimated present value of that annuity as of March 10, 2014. The annuity will be one hundred eighty-six thousand six hundred sixty-seven U.S. dollars (US$186,667) per year (the "Annual Payments") for thirty (30) years without interest and the lump sum payment will be the estimated present value of five million, six hundred thousand U.S. dollars (US$5,600,000) as of March 10, 2014 of approximately three million two hundred five thousand U.S. dollars (US$3,205,000).
In the event two (2) or more eligible participants each achieve a fifty-seven (57) game streak on the same Game Day, the Grand Prize will be divided evenly among all tied, eligible entrants. For purposes of clarity, in the event two (2) or more eligible participants have a streak of fifty-six (56) going into the same Game Day, and one (1) or more of such eligible participant(s) gets to fifty-seven (57) and one (1) or more eligible participant(s) successfully makes a Double Down Pick to get to fifty-eight (58), the Grand Prize will be divided evenly among all such tied, eligible participants since they each achieved a fifty-seven (57) game hitting streak on the same day.
For the avoidance of doubt, in the event any eligible participant has a streak of fifty-six (56) and makes a Double Down Pick in which one of his/her selected players gets a hit, but the second player the participant selects fails to earn a hit after the player takes an at bat or has a sacrifice fly, such participants streak would automatically end and returned to zero.
IN NO EVENT WILL MORE THAN ONE (1) GRAND PRIZE BE AWARDED FOR THE ENTIRE CONTEST.
Top Streak Prize
If no participant achieves a 57-game hitting streak or greater during the Contest Period, as determined by MLBAM, the eligible participant with the longest hitting streak during the Contest Period greater than or equal to twenty (20) will win ten thousand dollars (US $10,000) (the "Top Streak Prize"). For the avoidance of doubt, the Top Streak Prize will be awarded to the eligible participant that earned the longest hitting streak during the Contest Period, not the longest active hitting streak at the time the Contest Period ends.
NOTE: Top Streak Prize will only be awarded if (i) no eligible participant achieves at least a fifty-seven (57) game hitting streak and (ii) an eligible participant achieves a hitting streak greater than or equal to twenty (20), as determined by MLBAM.
The Top Streak Prize will be awarded in the form of a check as one (1) lump sum payment.
In the event of a tie for the Top Streak Prize, the Top Streak Prize will be divided evenly among all tied, eligible entrants. IN NO EVENT WILL MORE THAN ONE (1) TOP STREAK PRIZE BE AWARDED.
Each potential winner will be notified by e-mail and/or telephone (in MLBAM's discretion) and may (in MLBAM's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within five (5) calendar days of date of issuance, a disqualification will result and prize will be forfeited and, at MLBAM's sole discretion, awarded to the runner-up (if applicable). Each potential winner may be required to submit his/her valid social security number and/or other identification to MLBAM and may be required to execute, have notarized and return an Affidavit of Eligibility (or, if a resident of Canada, a declaration) and Release of Liability and, unless prohibited by law, Publicity within five (5) calendar days of date of issuance. Failure to submit any identification required by MLBAM or to return any required documents within the specified time period, noncompliance with these Official Rules or the return of any prize or Prize Notification as undeliverable may result in disqualification and prize will be forfeited and, at MLBAM's sole discretion, awarded to the runner-up (if applicable).
Each participant agrees to allow MLBAM and its designees to use their names and likenesses in any and all media or format(s) now or hereafter known for advertising and publicity purposes throughout the world in perpetuity, without any compensation, notification or permission, unless prohibited by law.
All applicable federal, state, provincial and local laws and regulations apply. MLBAM's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The MLB Entities, Dunkin' Brands, Inc. and each of their respective parent companies, trustees, subsidiaries, franchisees, sponsors, affiliates, licensees, agents, independent contractors, advertising and promotional agencies, and each of their respective officers, directors, agents and employees (collectively, the "Released Parties") are not responsible for lost, late, stolen, garbled, delayed, undelivered or misdirected entries, selections or registrations, 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.
Major League Baseball game 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 Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster that may cause the cancellation or postponement of any Major League Baseball game. 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, selections or registrations, the tabulation of streaks, 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 prize winners or the distribution of the prizes. MLBAM reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
The Released Parties make no warranties, express or implied, relative to the use or enjoyment of any prize or any portions thereof, including without limitations, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each participant agrees to indemnify, hold harmless and fully release the Released Parties, Apple, Inc. and Facebook from any and all claims, demands, losses, promises, causes of action and liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest or resulting from the acceptance, possession, quality, use or misuse of any prize, or any portion of any prize, including any travel or any activity related to the receipt or use of any prize (or any portion thereof).
MLB.com Beat the Streak 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 the Contest is not capable of running as planned for any reason including, without limitation, as a result of 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, MLBAM reserves the right at its sole and absolute discretion to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the winners, if any, from among all eligible, non-suspect hitting streaks achieved up to the point of termination.
The 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, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of Mobile Devices or other wireless devices, wireless service problems, cellular tower equipment, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, 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, MLBAM WILL DISQUALIFY ANY SUCH PARTICIPANT, AND MLBAM AND/OR ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of a participant, an 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. "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.
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. 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.
Apple, Inc. is not a sponsor of, or responsible for conducting, the Contest. All information submitted by participants in connection with this Contest is provided to MLBAM and not to Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
In the event that the Contest is challenged by any legal or regulatory authority, MLBAM 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 December 1, 2014) or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: MLB.com Beat the Streak c/o Melissa Wester, MLB Advanced Media, L.P., 75 Ninth Avenue, New York, NY 10011. Specify "Rules" or "Winner List." Requests must be received by October 31, 2014. Residents of VT and Canada may omit return postage on rules requests.
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Major League Baseball trademarks and copyrights and the Beat the Streak mark used herein are the property of MLB Advanced Media, L.P. All rights reserved.