Official Rules for @bravesretail and/or @Bravesthreads Giveaways on Instagram
By participating in any giveaway promotion which is conducted by the @BravesRetail and/or @Bravesthreads Instagram account (the ¡°Club Account¡±) and links to these Official Rules (each, a "Giveaway"), you agree to these Official Rules. These Official Rules are a contract between you and the Major League Baseball Club which operates the Club Account, so read carefully before participating. These Official Rules include indemnities from you to the Released Parties (defined below) and a limitation of your rights and remedies. From time to time, the Club Account will post on Instagram and provide the Giveaway details (¡°Instagram Prompt¡±), including the participation requirements and Giveaway prize. You must follow the directions provided in the Instagram Prompt and comply with these Official Rules to be eligible to receive a Giveaway prize.
ELIGIBILITY: The Giveaway is open only to individuals who: (a) are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older; (b) have not received a Giveaway prize in connection with a Giveaway in the prior thirty (30) days (counted from the start date of the current Giveaway); and (c) with respect to any Giveaway prize involving MLB game or other live event tickets, lives within one hundred (100) miles of the ballpark or other location where the ticketed game or event is scheduled to take place. Employees, officers, and directors, and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related), of the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Giveaway are not eligible to participate or win a prize. The "MLB Entities" means the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities. The Giveaway is subject to all applicable laws, rules, and regulations.
HOW TO PARTICIPATE: You may participate via Instagram, as described below. No other method of entry will be accepted. The Instagram Prompt will specify the Giveaway entry deadline (¡°Deadline¡±). You must have a valid public (i.e. not protected) Instagram account and be a follower of the Club Account. From your Instagram account and prior to the Deadline, create and publish an Instagram post (¡°Entry Post¡±) which complies with the instructions specified in the Instagram Prompt and these Official Rules. The time of receipt of any Entry Post shall be the time such Entry Post is made available to the Club Account via the Instagram platform. Your Entry Post must remain publicly posted through the duration of the Giveaway and must comply with Instagram¡¯s Terms of Service and Rules and Policies, available at Instagram Terms of Service. Subject to verification of eligibility and compliance with these Official Rules, the Club Account will award the Giveaway prize(s) to the participant(s) who qualifies, in accordance with the Instagram Prompt. If you do not have an Instagram account, you may register for one, for free, at Instagram.com. Data and usage rates may apply to the download and use of the Instagram mobile application.
PRIZE CONDITIONS: TRANSPORTATION, LODGING, PARKING, GRATUITIES, AND ANY OTHER EXPENSE NOT SPECIFIED BY THE CLUB ACCOUNT AS BEING PROVIDED ARE NOT INCLUDED IN ANY PRIZE. All costs and expenses associated with prize acceptance and use not specified by the Club Account as being provided are the sole responsibility of the winner. Each winner of a Giveaway prize is solely responsible for any and all applicable federal, state, territory, provincial, local, and municipal taxes (including income and withholding taxes), regardless of whether the prize is used. The approximate retail value of a prize is based on available information and any difference with the actual retail value will not be awarded. The value of any prize awarded to a winner may be reported for tax purposes.
Each potential winner will be required to provided, privately (through Instagram direct message, email, or other secure, private means), his/her name, address, age, and other personal information necessary to receive the prize. If a Giveaway prize recipient is determined to be ineligible, the Club Account may, in its sole and absolute discretion, not give away the prize or may give the prize to the next eligible participant.
Additional conditions for any Giveaway prize that includes MLB game, event, or exhibition tickets: Use of any MLB ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see braves.com/ticketback for details regarding Atlanta Braves tickets. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of the Club Account. Winner¡¯s guest, if any, must be of legal age of majority in his/her jurisdiction of residence unless accompanied by a parent or legal guardian. MLB game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game/event/exhibition, as defined by MLB, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest agree to comply with all applicable ballpark and venue regulations in connection with the prize; see mlb.com/braves/ballpark/security for details. Atlanta National League Baseball Club, LLC and the other MLB Entities reserve the right to remove or to deny entry to any winner and/or guest who engages in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any MLB game/event/exhibition. MLB game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the license granted by the game/event/exhibition ticket.
PARTICIPANT BEHAVIOR; INDEMNIFICATION; RELEASE: Participants may not take actions that are negligent, injurious, or reckless in pursuit of any Giveaway prize. Participants who do not follow the foregoing rule or who otherwise participate in an unsportsmanlike manner will be disqualified from the Giveaway. Each participant is solely responsible for any injuries or other damages that are caused, in whole or in part, by his/her behavior and agrees to indemnify, release, discharge, and hold harmless the Released Parties from and against any and all claims, liability, losses, damages, or injuries of any kind with respect thereto.
By participating in a Giveaway, you agree to (a) be bound by these Official Rules, including all entry requirements provided at the time the Giveaway is announced and/or promoted, and (b) waive any and all claims against the MLB Entities, Facebook, Inc., Instagram, Inc., their licensees, distributors, dealers, retailers, printers, representatives, prize providers, and advertising and promotion agencies, and any and all other companies associated with the foregoing entities (collectively, "Released Parties") for any injury, damage, or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Giveaway, receipt or use of any Giveaway prize, or any travel or activity related to the Giveaway and/or prize, including, without limitation, any property loss, damage, personal injury, or death caused to any person. Each winning participant, by acceptance of a prize, grants to the MLB Entities the right to publicize his/her name, address (city and state/territory/province of residence), photograph, voice, statements, and/or other likeness and prize information for advertising, promotional, trade, and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission, or notification, unless prohibited by law. The releases hereunder are intended to apply to all claims not known or suspected to exist, with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
GENERAL CONDITIONS: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, and the rights and obligations of participants or the Released Parties in connection with the Giveaway, will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN A GIVEAWAY, EACH PARTICIPANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), AND IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Each participant agrees to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on a website, and/or these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in the sole and absolute discretion of the Club Account.
The Club Account reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway. The Club Account also reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Giveaway (or any portion thereof) in the event the Club Account is prevented from executing the Giveaway as contemplated in the Instagram Prompt by any event beyond its control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. The Club Account also reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Giveaway (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Giveaway. In the event of cancellation, the Club Account may, in its sole and absolute discretion, not give away the prize or may give the prize to the participant(s) identified as qualifying to receive it as of the cancellation date. In the event that the Giveaway is challenged by any legal or regulatory authority, Club Account reserves the right to discontinue or modify the Giveaway, 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.
PRIVACY: All information submitted via the Instagram platform is subject to Instagram¡¯s Privacy Policy, accessible at Instagram.com/privacy, and Instagram¡¯s Terms of Service and Instagram Rules and Policies, accessible at Instagram Terms of Service. All information submitted via Instagram and shared with any of the MLB Entities per your Instagram account settings, or submitted directly to any of the MLB Entities in connection with the Prize Notification process, is subject to, and will be treated in a manner consistent with, MLB¡¯s Privacy Policy, accessible at mlb.com/privacy.