High Point Rockers, High Point Baseball, Inc.
"Name the Mascot" Contest
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 the "Name the Mascot" contest ("Contest") is to submit an original mascot name for the High Point Rockers, Minor League Baseball team in High Point, North Carolina ("Mascot Name"). High Point Baseball, Inc. ownership and management ("Judges") will evaluate the Eligible Entries (defined below) and select the nine (9) most compelling Eligible Entries in accordance with these Official Rules and based upon criteria set forth in the Judging section below to participate in a fan vote and the Judges will then consider the fan vote results in conjunction with the Judges' scores to determine the Grand Prize Winner (defined below). Non-Eligible Entries may be included in the fan vote, but are not eligible to win a prize. Mascot Names submitted by Participants who are not Entry Only Participants ("Eligible Participants") shall be referred to herein as "Eligible Entries" and Mascot Names submitted by Entry Only Participants shall be referred to herein as "Non-Eligible Entries". SPONSOR DOES NOT GUARANTEE THE WINNING MASCOT NAME WILL BE USED AND IS UNDER NO OBLIGATION TO USE THE WINNING MASCOT NAME; SPONSOR RESERVES THE RIGHT TO USE ANY OF THE SUBMITTED MASCOT NAMES OR NONE AT ALL.
The Contest is only open to legal residents of the United States of America and Canada who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority), and have a valid e-mail address and internet access as of the time of entry ("Participant"). Employees, officers and directors (and their immediate family members which includes spouse, parent, child, sibling and their respective spouses (regardless of where they reside) and any other person residing in their households, whether or not related) of High Point Baseball, Inc. ("Sponsor"), the Atlantic League (“AL”) Entities (defined below), and each of their respective parents, affiliated companies, subsidiaries, licensees, vendors, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Contest are eligible to submit a Mascot Name, but are not eligible to be selected as the Grand Prize Winner ("Entry Only Participants"). Participants who comply with all of the Official Rules are eligible to receive the Grand Prize, but Entry Only Participants are not eligible to be selected as the Grand Prize Winner. The "AL Entities" shall mean the Atlantic Baseball League, Inc. while ("ABL"), each ABL club, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the AL and ABL, and all officers, directors, employees, representatives, partners, members and affiliates thereof. The Contest is subject to all applicable federal, state, local laws and regulations. This Contest is void outside of the United States of America and Canada and where prohibited or restricted by law, rule or regulation. Purchase of products from Sponsor will not improve an Eligible Participant's chance of winning.
The Contest begins on April 1, 2019, at 6:30 p.m. Eastern Time ("ET") and ends on April 28, 2019, at 11:59 p.m. ET (the "Contest Period").
HOW TO ENTER
All entries must include a valid e-mail address for the Participant. Multiple entries are allowed. Incomplete and/or inaccurate entries are void. Entries that do not comply with the submission requirements, the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.
The Judges will evaluate each Eligible Entry submitted based on the following criteria (“Judging Criteria”): (1) originality (20%), (2) creativity (20%), (3) uniqueness (20%), (4) regional relevance (20%), and (5) appropriateness for audience (20%). All submissions must comply with the terms set forth in the consent, license and release section set forth below. On or about April 14, 2019, the Judges will determine the top four (4) Eligible Entries based on the foregoing judging criteria to participate in a fan vote. In the event of a tie among any potential top four (4), the score for Regional Relevance will be used as the tiebreaker.
During the period beginning on or about April 14, 2019 at 9:00 a.m. ET and ending on April 28, 2019, at 11:59 p.m. ET (the "Voting Period"), fans will have the opportunity to vote for their favorite of the top nine (9) Eligible Entries at HighPointRockers.com. Limit one (1) vote per email address per day during the Voting Period. Additional votes beyond the specified limit will be void. Votes or email addresses generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. At the end of the Voting Period, the Judges will consider the fan vote results in conjunction with the Judging Criteria scores to determine the potential Grand Prize winner, and subject to verification of eligibility and compliance with the terms of these Official Rules, the potential Grand Prize winner will be declared the official Grand Prize winner of the Contest (the "Grand Prize Winner"). In the event of a tie, the Judges will select the Grand Prize Winner amongst the tied top three (3) Eligible Entries based on the Judging Criteria score alone. Sponsor does not guarantee the winning Mascot Name will be used and is under no obligation to use the winning Mascot Name; Sponsor reserves the right to use any of the submitted Mascot Names or none at all.
CONSENT, LICENSE AND RELEASE
In exchange for the opportunity to participate in this Contest, and the possibility of the use of Participant's Mascot Name, the receipt of which opportunity shall be sufficient consideration for this Consent, License and Release, each Participant does hereby:
Nothing herein will obligate the AL Entities or ABL to make any use of any of the rights set forth herein.
WINNERS AND PRIZES
The Grand Prize to be awarded in this Contest to the Grand Prize Winner, includes the following: Two (2) Full Season Field Level Season Tickets for the 2019 season (exact seating location shall be determined by Sponsor at its sole discretion) for use by Grand Prize Winner and one (1) guest, one (1) official personalized Sponsor home jersey, and the opportunity for Grand Prize Winner to throw out a ceremonial first pitch at one (1) of Sponsor's home games during the 2019 season on a date determined by Sponsor at its sole discretion (the "Grand Prize"). Approximate Retail Value of the Grand Prize: $1,900. No Cash Value will be awarded for any unused season tickets. At the conclusion of each Voting Period, a weekly winner (“Weekly Winner(s)”)will be awarded two (2) tickets to the first home game the Sponsor plays at BB&T Point in 2019 along with two (2) Sponsor t-shirts once the final name is selected (“Weekly Prize”). A total of three (3) Weekly Winners will be drawn.
The Grand Prize Winner and Weekly Winners are fully responsible for any and all applicable federal, state, international and local taxes resulting from the Grand Prize and Weekly Prizes, including but not limited to, income and withholding taxes. TRANSPORTATION AND LODGING IS NOT INCLUDED as part of the Grand Prize or Weekly Prizes. All costs and expenses not specified herein, related to the Grand Prize and Weekly Prizes, including but not limited to lodging, transportation costs, meals, taxes and gratuities and other expenses incurred by accepting and using the Grand Prize or Weekly Prizes are the sole responsibility of the Grand Prize Winner and Weekly Winners.
Minor League Baseball game, event and exhibition dates and times are determined in the sole discretion of the applicable AL Entities and may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game or exhibition, as defined by AL Entities, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Grand Prize Winner, Weekly Winners and their guests agree to comply with all applicable stadium regulations in connection with the Grand Prize and Weekly Prizes. Sponsor and the applicable AL Entities reserve the right to remove or to deny entry to Grand Prize Winner, Weekly Winners and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Grand Prize and Weekly Prizes are non-transferable, with no cash redemptions or substitutions except at Sponsor's sole discretion. Sponsor, the AL Entities and the ABL will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Minor League Baseball game, event or exhibition. Minor League Baseball game, event and exhibition tickets awarded as prizes may not be resold or 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 Grand Prize or Weekly Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s). Sponsor reserves the right to substitute the Grand Prize (or portion thereof) and Weekly Prizes with a prize of comparable or greater value at its sole and absolute discretion. All Grand Prize details, including, without limitation, the exact nature and duration of the ceremonial first pitch opportunity, are at the sole discretion of the Sponsor.
CONTEST ADMINISTRATION AND GENERAL CONDITIONS
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects. By participating in the Contest, each Participant accepts and agrees to be bound by these Official Rules, including all eligibility requirements.
All Participants must provide a valid e-mail address at the time of entry. If multiple entries are made from the same e-mail address, only the first entry received will be considered, and any subsequent entries will be rejected. If there is a dispute as to the identity or eligibility of an Eligible Participant based on a disputed e-mail address, the winning Eligible Entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of the entry. The "Authorized Account Holder" is the person to whom the applicable internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address.
Participants must not include any of the following content (the "Content Restrictions") in any Mascot Name: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the AL Entities and/or the ABL, or any of their respective owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Mascot Name is created. Any Mascot Name that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
The potential Grand Prize winner will be notified by e-mail by Sponsor with instructions regarding acknowledgment of and claiming the Grand Prize. If the potential Grand Prize winner does not respond to any such notification by providing the requested information within five (5) business days after receipt of the e-mail, the potential Grand Prize winner will be disqualified and no longer eligible to receive the Grand Prize. If a disqualification results, an alternate potential Grand Prize winner may be chosen based on the judging criteria and fan vote results as set forth above from among the remaining Eligible Entries; the alternate potential Grand Prize winner must comply with the same requirements as the original disqualified potential Grand Prize winner to be eligible to receive the Grand Prize. As a condition of being awarded the Grand Prize, the Grand Prize Winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility, a Release of Liability and an Irrevocable, Royalty-Free Assignment of the Participant's Rights in favor of Sponsor (the "Winner Release Documents"), which must be completed, notarized and returned to the Sponsor within ten (10) business days of receipt. The Winner Release Documents will be provided to the Grand Prize Winner by e-mail. If the Winner Release Documents are not properly executed and notarized and returned to Sponsor within ten (10) business days of receipt, the Grand Prize Winner will be disqualified. If a disqualification occurs, an alternate potential Grand Prize winner will be selected as outlined above.
All federal, state and local laws and regulations apply. This Contest and these Official Rules will be governed by the laws of the State of North Carolina. Any court of competent jurisdiction sitting in High Point, North Carolina will have exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules. Participants expressly agree that (1) all disputes will be determined by a court of competent jurisdiction in High Point, North Carolina, and (2) that court will have personal jurisdiction over all parties to any dispute. Participants agree to waive and relinquish any right they have to sue Sponsor as a class. Under no circumstances will any Participant be entitled to, and therefore expressly waive, relinquish and agree to have no claim to any punitive, exemplary, multiple, incidental or consequential damages of any type or nature including, but not limited to, attorneys' fees and costs (including without limitation court and expert costs). Each Participant's damages are expressly limited to any actual out-of-pocket expenses incurred in submitting any Mascot Name.
The Sponsor, the AL Entities and the ABL and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected online or mailed entries, for incorrect, inaccurate or incomplete entry information whether caused by an Eligible Participant or Entry Only Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. The Released Parties shall not be responsible for typographical or other human or technical errors in the offer or administration of this Contest, including but not limited to, errors in advertising, the Official Rules, the selection and announcement of the Grand Prize Winner or the distribution of the Grand Prize. Sponsor 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 the Grand Prize, including without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, Grand Prize Winner agrees to hold harmless and fully release Sponsor, the AL Entities and the ABL and each of their respective parent companies, trustees, subsidiaries, franchisees, licensees, employees, agents, independent contractors and advertising and promotional agencies from any and all liability for any injuries, losses, death, or damages of any kind caused by the Grand Prize or resulting from the acceptance, possession, quality, use or misuse of the Grand Prize or travel related to the receipt or use of the Grand Prize.
Any Mascot Name that is incomplete, late or otherwise does not comply with these Official Rules will be disqualified.
If this Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify Eligible Participants residing in the affected geographic areas. In such event, the Sponsor, the AL Entities and the ABL shall have no liability to any Eligible Participants who are disqualified due to such an action.
The Contest is a skill contest designed to increase consumer awareness of and interest in Minor League Baseball. This Contest may not be used for any form of gambling.
INTERNET AND MAIL
If for any reason the Contest is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, theft, technical failures, or any other causes beyond the control of Sponsor, the AL Entities or the ABL which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor, the AL Entities and the ABL reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In such event, Sponsor further reserves the right to judge the entries received prior to such event and award the Grand Prize as of the termination date.
The Sponsor, the AL Entities, and the ABL assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, misdelivery, loss or destruction or unauthorized access to, or alteration of, entries. The Sponsor, the AL Entities and the ABL are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, 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. The Sponsor, the AL Entities and the ABL are not responsible if any mailed entries are not timely received as a result of any actions by the United States Postal Service or any of its employees, or for any lost, misdirected, delayed or misdelivered mail entries.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, THE AL ENTITIES AND THE ABL AND EACH OF THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
OFFICIAL RULES/GRAND PRIZE WINNER INFORMATION
For Grand Prize Winner information (available after June 28, 2018) or additional copies of the Official Rules, send a self-addressed, stamped envelope to: High Point Baseball, Inc., Name the Mascot Contest, 214 Lindsay Street High Point, North Carolina, and specify either "Official Rules" or "Grand Prize Winners List."
SPONSOR: High Point Baseball, Inc., Name the Mascot Contest, 214 Lindsay Street High Point, North Carolina 27262
Minor League Baseball trademarks, service marks and copyrights are proprietary to the AL Entities and ABL. All rights reserved.