Zac Brown Band at Great American Ballpark Rules
THE “ZAC BROWN BAND TICKET” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE “ZAC BROWN BAND TICKET” SWEEPSTAKES (THE “SWEEPSTAKES”) AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING FLORIDA AND NEW YORK) AND DISTRICT OF COLUMBIA (“TERRITORY”) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CALIFORNIA STATE LAW. DO NOT PARTICIPATE IN THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY, OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES DESCRIPTION: The “Zac Brown Band Ticket” Sweepstakes (the “Sweepstakes”) is sponsored by FOX Sports Net Ohio, LLC, (“Sponsor”) located at 200 Public Square, 25th Floor, Suite 2510, Cleveland, Ohio 44114. Forty (40) prizewinners; one (1) first place prizewinner and thirty-nine (39) second place prizewinners will be selected from all eligible entries received throughout the Sweepstakes Period (as defined below). By participating in this Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Sweepstakes, including without limitation eligibility determinations and shall not be subject to challenge or appeal.
2. WHO MAY ENTER: The Sweepstakes is open only to legal residents of the United States (excluding Florida and New York) and District of Columbia (“Territory”) who are thirteen (13) years of age or older at the time of entry, have parental permission and have an active account on twitter.com (“Twitter”). Obtaining a Twitter account is absolutely free of charge. To obtain a Twitter account, go to www.twitter.com (the “Twitter Website”) and follow the instructions to create a Twitter account (“Twitter Account”). Void where prohibited by law. Directors, officers and employees, of Sponsor, Great American Ball Park, Fox Cable Network Services, LLC, Fox Entertainment Group, The News Corporation, Inc., and each of their respective parents, affiliated, or subsidiary companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters and web suppliers (each a “Promotion Entity” and collectively, the “Promotion Entities”), (and their respective IRS dependents, immediate family members [children, spouse, parents, sibling] and individuals residing in their same household, whether or not related) are not eligible to enter or win. Your Twitter Account will be governed by the Twitter terms of service, which are located at http://twitter.com/tos. Entrants should read the terms and conditions that apply to Twitter and/or any other third party services or applications that the entrants download or use in connection with this Sweepstakes. Sponsor is not responsible for the conduct of such third parties. This Sweepstakes is in no way sponsored, endorsed or administered by, or otherwise associated with Twitter. You understand that you are providing your information to Sponsor and not to Twitter. Twitter is not affiliated with this Sweepstakes in any way and Twitter is not responsible for the administration of the Sweepstakes or the awarding of prizes. The potential prizewinners of the Sweepstakes may be required to show proof of residency.
3. WHEN TO ENTER: No purchase necessary to enter or win. The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on June 22, 2018 and ends at 11:59:59 p.m. ET on July 20, 2018 (the “Sweepstakes Period”). To be eligible for the Sweepstakes, all entries must be received by the end of the Sweepstakes Period. Sponsor’s database clock shall be the official timekeeping device for all entries received in connection with this Sweepstakes.
4. HOW TO ENTER: No purchase necessary to enter or win. Making a purchase will not improve your chances of winning. To enter the Sweepstakes, during the Sweepstakes Period tweet the official hashtags #ZacBrownGABP and #Sweepstakes directly to Sponsor’s Twitter handle, @FOXSportsOH (the “Entry”). Each Entry must include the official hashtags #ZacBrownGABP and #Sweepstakes and must be sent directly to @FOXSportsOH in order to be eligible for entry into this Sweepstakes. Each eligible Entry will receive one (1) entry into the Sweepstakes. Only Twitter Entries will be deemed eligible. If you post updates to or receive updates from Twitter via your wireless phone, standard message and data rates will apply. Check with your service provider for details. You can also follow @FOXSportsOH on the Twitter Website. Be sure your account information is up to date because that information will be used to contact you if you are selected as a potential prizewinner. There is a limit of one (1) entry per person, per Twitter Account, throughout the entire Sweepstakes Period.
Note: Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void, including but not limited to entries made by any other individual or any entity, and/or originating at any other Twitter Account, website or e-mail address, including but not limited to commercial sweepstakes and/or contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Multiple entrants are not permitted to share the same Twitter Account. Any attempt by any participant to obtain more than one (1) entry by using multiple/different Twitter Accounts, identities, registrations or logins, or any other methods will be declared void and as such deemed ineligible for this Sweepstakes. The use of any device to automate the entry process is prohibited. Any entrant who attempts to repost the same tweet repeatedly will be deemed ineligible.
Each entrant must provide a valid Twitter Account to be eligible. Proof of submitting the required information to Sponsor’s Twitter handle is not considered proof of delivery to or receipt by Sponsor of entry into the Sweepstakes. In the event of a dispute regarding the identity of who actually submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Twitter Account supplied at the time of entry. An “authorized account holder” is defined as the natural person to whom the applicable Twitter Account has been assigned by Twitter. The potential prizewinners may be required to provide Sponsor with proof that he/she is the authorized account holder of the Twitter Account associated with the winning entry. Sweepstakes entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. If a dispute as to the identity of any entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users, wireless users, or by any of the equipment or programming associated with or utilized in connection with the Sweepstakes or by any technical or human error, which may occur in the processing of the Sweepstakes entries. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for lost, incomplete, late, damaged, or misdirected entries, email messages; or other communications malfunctions; interrupted or unavailable network, server or other connections including those through and/or by the Twitter Website; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes; printing or other errors appearing within these Official Rules or in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise.
5. DRAWINGS AND PRIZEWINNER NOTIFICATION/ODDS: Up to a total of forty (40) prizewinners; one (1) first place prizewinner and thirty-nine (39) second place prizewinners will be selected in connection with this Sweepstakes. At the end of the Sweepstakes Period, the potential prizewinners will be selected in a random prize drawing from all eligible entries received throughout the Sweepstakes Period. Determination of the prizewinners for the Sweepstakes shall be made by Sponsor or Sponsor’s agent in their sole and absolute discretion, and such determination shall be final and binding. The prizewinners will be notified via direct message on Twitter to the Twitter Account used to enter the Sweepstakes on or about July 21, 2018. Sponsor shall have no liability for any prizewinner notification that is lost, intercepted or not received by any potential prizewinner for any reason. Time is of the essence in awarding the prizes. If, despite reasonable efforts, any potential prizewinner that cannot be reached or does not respond within three (3) days of the initial attempt to notify such potential prizewinner, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential prizewinner, such potential prizewinner will forfeit his or her prize. Should a potential Sweepstakes prizewinner forfeit the prize due to the previously stated procedure, an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received throughout the Sweepstakes Period. Sponsor may successively attempt to contact up to two (2) potential prizewinners in accordance with the previously stated procedure, and if there is still no confirmed prizewinner of the prize after such attempts have been made, if any, the prize may go unawarded if the prize remains unclaimed. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected from all eligible entries received throughout the Sweepstakes Period.
Odds of winning the Sweepstakes will depend on the actual number of eligible entries received throughout the Sweepstakes Period.
6. PRIZES/APPROXIMATE RETAIL VALUE (ARV)/ODDS: Up to a total of forty (40) prizes; one (1) first place prize and thirty-nine (39) second place prizes will be awarded as follows:
A. FIRST PLACE PRIZE: The first place prize shall consist of: (i) admission for two (2) to the August 4, 2018 Zac Brown Band Concert at Great American Ball Park; and (ii) two (2) VIP Passes. The approximate retail value (“ARV”) for the first place prize is Seven Hundred Twenty Dollars and Fifty Cents ($720.50).
B. SECOND PLACE PRIZE: Each second place prize shall consist of admission for two (2) to the August 4, 2018 Zac Brown Band Concert at Great American Ball Park. The ARV for each second place prize is One Hundred Twenty Dollars
and Fifty Cents ($120.50). The ARV should all second place prizes be awarded in connection with this Sweepstakes is Four Thousand Six Hundred Ninety-Nine Dollars and Fifty Cents ($4,699.50).
The ARV should all prizes be awarded in connection with this Sweepstakes is Five Thousand Four Hundred Twenty Dollars ($5,420). The prizewinners shall be solely responsible for all other expenses not specified herein as being awarded including, without limitation, delivery, processing and handling fees, food and beverages, gratuities, and/or personal purchases. If any prizewinner is unable to attend the Zac Brown Band Concert on August 4, 2018, then such prizewinner will forfeit the prize package in its entirety and an alternate prizewinner may be selected from all remaining eligible entries. The admission passes to the Zac Brown Band Concert and the VIP Zac Brown Band Concert admission passes 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. The VIP Passes are redeemable only on August 4, 2018. Sponsor is not responsible for concert start delays or cancellations. Ground transportation to and from each prizewinner’s residence will not be provided as part of the overall travel package.
Each prizewinner’s travel companion(s) must be eighteen (18) years of age or older, or if any companion is a minor, the prizewinner must be such minor’s parent or legal guardian or travel with the permission of such minor’s parent or legal guardian in form and substance acceptable to Sponsor in its sole and absolute discretion. Each prizewinner’s travel companion must sign and return a Liability Release and (where legal) a Publicity Release prior to ticketing of any prize. Changes not permitted after ticket issue.
7. GENERAL PRIZE RESTRICTIONS: Each potential prizewinner is subject to verification. The prizes are not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsor reserves the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The prizes are non-assignable and nontransferable. If lost, the prize awarded herein or any portion thereof will not be replaced. The prizes or any portion thereof will not be substituted, except at Sponsor’s sole discretion due to unavailability and then only for a prize of equal or greater value except where prohibited by law. Each prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on the prize received. If any potential prizewinner declines the prize or any portion thereof, is found to be ineligible, or fails to comply with these Official Rules, such potential prizewinner may be disqualified and will forfeit the prize he or she otherwise might have received. If applicable to any prize awarded herein, in the event that any prizewinner or his or her guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsor reserves the right to terminate the applicable event in whole or in part, and send such prizewinner and/or his or her guests home with no further compensation. Upon verification of each entrant’s win and compliance with these Official Rules, delivery of the prize will be coordinated by a representative of Sponsor and each prizewinner will receive further notification with details on how to claim the prize.
8. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential prizewinner fully complies with these Official Rules. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion. Each prizewinner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential prizewinner may be required to execute an Affidavit of Eligibility, a Liability Release, other documentation as required, and where imposing such condition is legal, a Publicity Release (collectively, “Prize Claim Documents”). The Prize Claim Documents must be returned within the time frame indicated on the documents. If a potential prizewinner fails to return such documents within the prescribed time, or if a potential prizewinner is found to be ineligible, or if he/she does not comply with these Official Rules, then such potential prizewinner will be disqualified and an alternate prizewinner may be selected from the remaining eligible entries received during the Sweepstakes Period. Except where imposing such condition is expressly prohibited by law, each prizewinner’s entry and acceptance of the prize constitutes permission for the Sponsor and its agents to use said prizewinner’s name, photograph, likeness, statements, biographical information, voice, and city and state for all purposes and in all forms of media, in perpetuity, without further notice or compensation.
Depiction of the prizes in any advertising, promotional materials, or on any website may not reflect the actual prizes delivered to the winners. Neither Sponsor nor its agents shall be responsible for delays in delivery of any prize once it has been shipped by Sponsor or their agents. Each prizewinner shall bear all risk of loss or damage to the prize after it has been delivered to such prizewinner.
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activity, or for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Sweepstakes and from injuries or damages arising in connection with or relating to participation in this Sweepstakes, or use or misuse of the prize; and (c) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. This Sweepstakes may not be used for any form of gambling.
10. IMPORTANT: PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event
will attorneys’ fees be awarded or recoverable; and (3) 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. Each entrant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with this Sweepstakes and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Sweepstakes and/or the use and/or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system, which is occasioned by accessing the Twitter Website, or participating in the Sweepstakes, 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. Sponsor reserves the right, in their sole discretion, to disqualify any entrant it finds to be tampering with the entry process or operation of the Sweepstakes or to be acting in an unsportslike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in their sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 Official 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.
11. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE SWEEPSTAKES, 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 OFFICIAL 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 PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION 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 SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED BY SPONSOR TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
12. COPY OF OFFICIAL RULES/WINNERS LIST: To view a copy of these Official Rules, please visit https://www.foxsports.com/ohio/story/zac-brown-band-at-great-american-ballpark-rules-061218. These Official Rules may not be available following the end of the Sweepstakes Period. Visit https://www.foxsportsohio.com to view any legally required winners’ list, which may be available only for a period of thirty (30) days following the end of the Sweepstakes Period.
13. SPONSOR: FOX Sports Net Ohio, LLC
200 Public Square, 25th Floor, Suite 2510
Cleveland, Ohio 44114