April in the O-H-I-O: Cincinnati Baseball
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE APRIIL IN THE O-H-I-O SWEEPSTAKES PRESENTED BY FOX SPORTS OHIO (THE “SWEEPSTAKES”) AND ANY ADVERTISEMENT RELATING THERETO IS ONLY INTENDED FOR PARTICIPATION WITHIN THE STATES OF INDIANA, OHIO, WEST VIRGINIA, PENNSYLVANIA, AND KENTUCKY (COLLECTIVELY THE “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 DOES NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
The April In The O-H-I-O Sweepstakes Presented By Fox Sports Ohio OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SWEEPSTAKES DESCRIPTION: The April In The O-H-I-O Sweepstakes Presented By Fox Sports Ohio (the “Sweepstakes”) is sponsored by Fox Sports Net Ohio, LLC, (the “Sponsor”) located at 9200 South Hills Boulevard, Suite 200, Broadview Heights, Ohio 444147 and is related to Sponsor’s coverage of professional baseball games and any ancillary programming related thereto. The Sweepstakes is administered by Phizzle, Inc. (the “Administrator”) located at Phizzle, Inc. 58 Second Street, Third Floor San Francisco, CA 94105. The prizewinner of the Sweepstakes will receive a prize as more specifically described below. The Sweepstakes begins on April 20, 2015, and ends on April 26, 2015, (such entire period of time shall be referred to hereinafter as the “Sweepstakes Period”). By participating in the 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.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the states of Indiana, Ohio, West Virginia, Pennsylvania, and Kentucky who are twenty-one (21) years of age or older at the time of entry. Void where prohibited by law. Officers, directors, and employees of Sponsor, Administrator, Fox Cable Network Services, LLC, Fox Entertainment Group, The News Corporation, Inc., and each of their parent, subsidiary and affiliated companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters, and web suppliers (collectively, the “Promotion Entities”) and each of their immediate family members (children, spouse, parents, siblings) and individuals residing in their same household, whether or not related are ineligible to enter the Sweepstakes or win the prize.
3. WHEN TO ENTER: No purchase necessary to enter or win. Making a purchase will not improve chances of winning. The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on April 20, 2015, and ends at 11:59:59 p.m. ET on April 26, 2015. To be eligible for this Sweepstakes, all text message entries must be received by the end of the Sweepstakes Period. All mail-in entries must be postmarked by the end of the Sweepstakes Period and received by Sponsor no later than April 29, 2015. Sponsor’s database clock shall be the official timekeeping device for all text message entries received in connection with this Sweepstakes. The receive date for all mail-in entries shall be determined by Sponsor in its sole and absolute discretion. The postmark date and Sponsor’s receive date shall be the official time keeping devices for all mail-in entries received in connection with this Sweepstakes
4. HOW TO ENTER: There are two (2) ways to enter this Sweepstakes. 1) TEXT MESSAGE ENTRY: During the Sweepstakes Period, each entrant must text the keyword “APRILINOHIO” (the “Keyword”) to 733733 (“Text Number”). An inaccurate keyword (e.g., misspelled, incorrect, etc.) will not be considered as an entry into the Sweepstakes and such entry is not eligible to win the prize. Each entrant’s cell phone number and wireless service provider/carrier will automatically be captured in the database. Proof of sending the Keyword to the Text Number is not considered proof of delivery to or receipt by Sponsor and/or Administrator of entry into the Sweepstakes. A text message entry is only valid when received and recorded by the Sweepstakes’ database. While text message entry is designed to work with most major wireless carriers; neither Sponsor, Administrator, nor any Promotion Entity guarantees that any particular wireless service provider will be compatible with this Sweepstakes. Text message may not be available in all areas. To enter via text message, the mobile phone that is used must be capable of sending and receiving text messages. Participants should check their cell phone’s features to see if they have that capability. Message and data Rates may apply. Wireless service providers may charge participants a nominal fee under their cellular service contract or agreement with their provider for each text message that is sent. Participants should consult their wireless service provider’s pricing plan for details. Entrants may incur text messaging charges by their wireless service provider in connection with attempted entries and corresponding error messages even if their attempted entry does not go through because of connectivity or other problems are experienced. ENTRANTS ARE SOLELY RESPONSIBLE FOR ALL FEES AND SERVICE CHARGES INCURRED IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THIS SWEEPSTAKES. A potential prizewinner using a text-messaging capable device may also be contacted by telephone regarding verification and prize claiming instructions; any potential prizewinner contacted by phone may incur charges according to their carrier’s rates, and the potential winner agrees to incur any and all such standard text messaging rates and entrants should contact their carrier for pricing plans and details. Entrants agree to incur any and all charges demanded by entrant’s wireless carrier and indemnify Sponsor and/or Administrator and their agents from any and all third party claims arising out of his or her failure to do so. 2) MAIL-IN ENTRY: On an approximately 3x5 card, legibly print the KEYWORD, your full name, complete mailing address (including city, state, and zip code), e-mail address, if any, and daytime phone number (including area code) and mail to Fox Sports Net Ohio, LLC, c/o The April In The O-H-I-O Sweepstakes Presented By Fox Sports Ohio, 9200 South Hills Boulevard, Suite 200, Broadview Heights, Ohio 444147. All required information must be completed in order to enter into the Sweepstakes and to be eligible to win. Upon completion of the aforementioned process, the entrant will receive one (1) entry into the Sweepstakes.
Each entrant must provide a valid mobile telephone number or contact information (mail-in entries) to be eligible to enter or win. Proof of submitting the required information to the Text Number or sending to Sponsor’s mailing is not considered proof of delivery to or receipt by Sponsor of entry into this Sweepstakes.
Solely with respect to all text message entries, the name of the “authorized account holder” associated with any given mobile telephone number will be deemed to be the entrant and must comply with and abide by these Official Rules. The authorized account holder is defined as the natural person who is assigned the mobile telephone number by a telephone company, wireless service provider, Internet access provider, an online service provider, or another organization that is responsible for assigning telephone numbers or wireless phone numbers for the exchange associated with the submitted mobile telephone number. 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 mobile telephone number supplied at the time of entry. Proof (to Sponsor’s and/or Administrator satisfaction) of being the authorized account holder may be required by Sponsor and/or Administrator, in their sole and absolute discretion.
There is a no limit on the number of times an individual may enter the Sweepstakes; so, enter as often as you like.
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 website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. 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 and/or Administrator 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 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 or by visiting the Website; 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. WINNER SELECTION AND NOTIFICATION: Up to a total of one (1) prizewinner will be selected in a random prize drawing on/or about April 30, 2015, from all eligible entries received throughout the Sweepstakes Period. The potential prizewinner will be notified on or about April 30, 2015. The potential prizewinner will be notified by telephone and/or e-mail using the contact information provided at the time of entry. Sponsor and/or Administrator shall have no liability for any winner notification that is lost, intercepted or not received by any potential prizewinner for any reason. Time is of the essence in awarding the prize. If, despite reasonable efforts, any potential prizewinner that cannot be reached by telephone and/or e-mail, or does not respond within two (2) days of the initial attempt to notify the 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 and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received during the Sweepstakes Period. Sponsor and/or Administrator may successively attempt to contact up to two (2) potential prizewinners in accordance with such procedure, and if there is still no confirmed winner 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 in a random drawing from the remaining eligible entries received during the Sweepstakes Period. Determination of the prizewinner shall be made by Sponsor and/or Administrator or their agent(s) in their sole and absolute discretion, and such determination shall be final and binding.
6. PRIZES/ODDS: Up to a total of one (1) prize will be awarded. The prize shall consist of: (i) lunch for a party of two (2) (prizewinner and one (1) guest) with a professional baseball player in September of 2015 (the exact date to be determined by Sponsor in its sole discretion); and (ii) one (1) autographed team jersey. The approximate retail value (“ARV”) for the prize is Eight Hundred Dollars ($800). In the event that the prizewinner is unable to participate in and/or accept the prizes as noted above then such prizewinner shall forfeit the prize in its entirety and an alternate prizewinner may be selected for all remaining eligible entries. The prizewinner of the Sweepstakes shall be solely responsible for all other expenses not specified herein as being awarded including without limitation, delivery, processing, and handling fees, travel arrangements, parking, gratuities, and/or personal purchases. Ground transportation is not provided as part of the overall travel package.
If applicable to any prize awarded herein, the 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 and/or Administrator in their sole and absolute discretion. The prizewinner and his or her travel companion must travel on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. The prizewinner must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. The prizewinner's travel companion(s) each must sign and return a Liability Release and (where legal) a Publicity Release prior to ticketing of prize.
Odds of winning depend upon the actual number of eligible entries received prior to the end of Sweepstakes Period.
7. GENERAL PRIZE RESTRICTIONS: All Minors (as defined below) must be accompanied, at all times, by an adult. The potential prizewinners are subject to verification. The prizes are not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsor and/or Administrator reserves the right to substitute prizes of comparable value if the prize listed is unavailable for any reason. The prize is non-assignable and nontransferable. If lost, the prize awarded herein will not be replaced. The prizes will not be substituted, except at Sponsor’s and/or Administrator’s sole discretion due to unavailability and then only for a prize of equal or greater value except where prohibited by law. If any potential prizewinner declines the prize, 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, in the event that any prizewinner or his or her guest(s) engage in behavior that (as determined by Sponsor and/or Administrator in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsor and/or Administrator reserves the right to terminate the applicable event in whole or in part, and send the 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 prizes will be coordinated by a representative of Sponsor and/or Administrator and the prizewinners will receive further notification with details on how to claim the prize. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor and/or Administrator in their sole and absolute discretion.
8. GENERAL PRIZE CONDITIONS: The prizes will be awarded only if the potential prizewinner fully complies with these Official Rules. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor and/or Administrator in their sole discretion. The 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 prize. The potential prizewinner will be required to execute an Affidavit of Eligibility, a Liability Release, and where imposing such condition is legal, a Publicity Release (collectively, “Prize Claim Documents”). If a prizewinner is not of legal age of majority in his or her state of residence (a “Minor”) at Sponsor’s and/or Administrator’s option, the prize either will be awarded in the name of the parent or legal guardian of the prizewinner, or the parent or legal guardian of the prizewinner will be required to ratify and sign Prize Claim Documents. The Prize Claim Documents must be returned within the time frame indicated on the documents. If the potential prizewinner (or, in the case of a Minor, such Minor prizewinner’s parent or legal guardian) 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 the potential prizewinner will be disqualified and an alternate prizewinner may be selected from the remaining eligible entries.
Depiction of any prize in any advertising, promotional materials may not reflect the actual prize delivered to the prizewinner. Sponsor, Administrator or their agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsor, Administrator or its agents. Prizewinner shall bear all risk of loss or damage to the prize after it has been delivered to the prizewinner.
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, 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.
Sponsor nor Administrator makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS P ROV IDED “AS IS” WITH OU T WA RRAN TY O F A N Y KIN D , EITH ER EXPRESS O R IMP LIED , AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
10. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes prizewinner’s permission for Sponsor to use prizewinner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor and/or Administrator are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for misdirected telephone transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor and/or Administrator reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor and/or Administrator reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor and/or Administrator reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its 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 and/or Administrator are prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its 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 and/or Administrator’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor and/or Administrator shall have the right to modify, suspend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor and/or Administrator will (if possible) select a winner 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. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). 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 in accordance with law by a duly authorized representative of Sponsor and/or Administrator. 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.
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, SPONSOR, OR ADMINISTRATOR 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 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
AR E PR OVIDED “AS IS,” WITHOUT WAR RANTY 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 THIS SWEEPSTAKES 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.
12. WINNER'S LIST/OFFICIAL RULES: To obtain a copy of the Official Rules, visit http://foxsports.com/ohio/story/2015/04/18/april-in-the-o-h-i-o-cincinnati-baseball.html. To obtain any legally required winner’s list, send a self-addressed stamped envelope with request to “April In The O-H-I-O Sweepstakes Presented By Fox Sports Ohio -Winners’ List c/o Fox Sports Net Ohio, LLC, 9200 South Hills Boulevard, Suite 200, Broadview Heights, Ohio 444147. Any legally required winner’s list may be available for a period of thirty (30) days following the end of the Sweepstakes Period. The Official Rules may not be available following the end of the Sweepstakes Period.