Topps Baseball/Topps Bunt Ultimate Card Giveaway

Transcription

1 Topps Baseball/Topps Bunt Ultimate Card Giveaway NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID ADDRESS REQUIRED. By participating, you (if a minor in your state/province/territory of residence generally, under 18 your parent or legal guardian)** agree to these Official Rules and Sponsor s decisions, which are final and binding in all respects and not subject to appeal. **Minors are advised to obtain the permission of their parent or legal guardian before participating in the Giveaway. 1. ELIGIBILITY. You must be a legal resident of the United States or Canada (excluding Quebec Province), 13 years of age or older. While not required for Giveaway eligibility, in order to use Topps BUNT coins (if a prize winner) or Topps BUNT digital cards (if a gift recipient), as explained below, you must be a registered user of the Topps BUNT app. (If you are not a registered user, the Topps BUNT app may be downloaded for free for your Apple or Android supported mobile device.) Giveaway is void in Quebec, Puerto Rico and where prohibited by law. Employees, officers and directors (and their immediate families and same household members, whether related or not) of Sponsor, its parent, subsidiaries, affiliates, agencies and prize suppliers; retailers and distributors of Topps products; the MLB Entities (as defined below) are not eligible to participate in the Giveaway, win prize(s) or receive gift(s). Groups, clubs and organizations are also not eligible for the Giveaway. 2. HOW TO PLAY. Beginning February 1, 2017, look for a special Code Card randomly inserted in packs of 2017 Topps Baseball Series 1. Code Cards are also randomly inserted in packs of 2017 Topps Heritage, which are available for purchase beginning on or about March 1, In both cases, packs with Code Cards are available while supplies last. Odds of obtaining a Code Card in packs of 2017 Topps Baseball Series 1 or 2017 Topps Heritage are currently unknown as the total quantity of both Topps trading card products is unavailable. Based on past practice, however, the odds of obtaining a Code Card in packs of 2017 Topps Baseball Series 1 or 2017 Topps Heritage are projected to be no worse than 1:350; but, in certain instances, the odds may be as good as 1:50. NO PURCHASE NECESSARY. For a chance to receive a Code Card at the same odds without purchase, submit a mail-in entry as follows: print your name, residential address, daytime phone number, date of birth and TOPPS BASEBALL/TOPPS BUNT ULTIMATE CARD GIVEAWAY on a 3 x5 card, insert in a business size (#10) envelope and mail to Topps Baseball/Topps Bunt Ultimate Card Giveaway-NPN, 1 Whitehall Street, New York, NY USA, to be received by June 1, Sponsor will play for you. If your mail-in entry is selected, you will receive a

2 Code Card. But, if it is not selected, you will NOT be notified. Limit (1) mail-in entry per household. If you receive a Code Card, scratch off the designated area of Code Card to reveal the code. Then, go to As prompted, manually input the code exactly as it appears on the Code Card. (If code is incorrect or incomplete, it will not be accepted.) If you have a winning code, subject to verification, you will receive a Congratulations or similar message. If your code is not a potential winner, your code can be redeemed for a gift of one (1) pack of Topps BUNT digital cards. To claim prize or redeem code for gift, see Rule 3 below. The determination of winners will take place at Sponsor s offices in New York, NY USA or another location of Sponsor s sole choosing. 3. PRIZE CLAIM/GIFT REDEMPTION INSTRUCTIONS. After receipt of Congratulations or non-winning (gift) message, user will be re-directed to another website. To claim prize or receive gift, provide all required information, including your address, first and last name, daytime phone number, complete residential address and date of birth. All information provided will be used in accordance with Topps' privacy policy, which may be found at TO BE VALID, PRIZE CLAIM/GIFT REDEMPTION MUST BE SUBMITTED DURING THE SAME ON-LINE SESSION AS CONGRATULATIONS OR NON-WINNING/GIFT MESSAGE WAS RECEIVED; PRIZE CLAIM/GIFT REDEMPTION PROCEDURE CANNOT BE COMPLETED AT A LATER TIME. All prize claims/gift redemptions are also subject to verification by Sponsor. Code submission and prize claim/gift redemption must be completed by July 1, 2017 at 5:00 p.m. Eastern Time. The code submission and prize claim/gift redemption websites will not be available after the prize claim/gift redemption deadline. In addition, for a Canadian participant to be deemed a potential prize winner, he/she must first correctly answer a time-based, mathematical skill-testing question without mechanical or other assistance of any kind. 4. PRIZES/ODDS OF WINNING. Grand Prize (10) - a bundle of 1,000,000 Coins redeemable for Topps digital trading cards in the Topps BUNT game. Approximate Retail Value: $90 (USD) each. Odds of winning: 1:450,000. First Prize (10) a bundle of 500,000 Coins for Topps digital trading cards in the Topps BUNT game. Approximate Retail Value: $45 (USD) each. Odds of winning: 1:450,000. Total Approximate Retail Value of All Prizes: $1350 (USD) (A) Prize Award Procedure. Winners of prizes (if a minor, his/her parent or legal guardian) may be required to sign and return an affidavit of eligibility, a liability release and a publicity release (where legal) within an indicated time period. If winner fails to comply with the

3 affidavit/release requirement (if applicable), the prize is returned as undeliverable for any reason (for example, invalid address), or if Sponsor cannot validate a prize claim (see Rule 5 below), the prize will be forfeited without compensation of any kind. ANY UNCLAIMED OR FORFEITED PRIZES WILL NOT BE AWARDED. (B) Gift Award Procedure. If gift is returned as undeliverable for any reason (for example, invalid address), or if Sponsor cannot validate a gift redemption (see Rule 5 below), the gift will be forfeited without compensation of any kind. ANY UNDELIVERABLE OR FORFEITED GIFTS WILL NOT BE RE-ISSUED. (C) Gift & Prize Limit and Restrictions. There is a limit of one (1) prize and (25) gifts per person. If prize is won by a minor (or a gift is redeemed by a minor), prize may be awarded (or gift may be issued, as the case may be) to or in the name of his/her parent or legal guardian on his/her behalf. All unspecified expenses relative to acceptance/use of prize (and/or gift) and taxes on prize and/or gifts are sole responsibility of prize winner (or gift recipient, as the case may be). Such expenses may include but are not limited to any message and data rates and wireless Internet access charges in conjunction with use of the Topps BUNT app. Winner or gift recipient, as applicable (if a minor, his/her parent or legal guardian) further agrees to fully cooperate with Sponsor with regard to all applicable government-reporting requirements in conjunction with prize award/receipt of gift. For U.S. residents, if winner/gift recipient was awarded prizes by (and/or received gifts from) Sponsor which equal or exceed $600 in a given calendar year (in this Giveaway and other promotions offered by Sponsor), this includes the provision of his/her Social Security Number in conjunction with Sponsor s issuance of an Internal Revenue Service 1099 Tax Form. For Canadian prize winners/gift recipients, this includes provision of any required information so that Sponsor may comply with U.S. federal tax withholding requirements. No substitution or cash equivalent of gifts or prize is allowed. Prize/gifts are NOT transferable. IN NO EVENT WILL MORE THAN THE INDICATED QUANTITY OF PRIZES BE AWARDED. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the indicated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the quantity of prizes as set forth above (if previously not awarded) via random drawing from among all legitimate eligible prize claimants. IN NO EVENT WILL MORE THAN APPROXIMATELY 50,000 GIFTS BE ISSUED. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than such number of gifts to be issued, Sponsor reserves the right to issue only the indicated quantity of gifts (if previously not issued) via random drawing from among all legitimate eligible gift recipients. 5. CONDITIONS OF PARTICIPATION. (A) Validation of Prize Claim/Gift Redemption. Sponsor reserves the right to condition award of prize/receipt of gift on potential winner/gift recipient furnishing the actual, physical Code Card (with the accompanying code) received via postal mail and Sponsor s determination that such Code Card (and accompanying code) is valid and authentic as well as being obtained via authorized and legitimate channels. Should winner (or gift recipient, as the case may be) fail to timely respond to Sponsor s request for Code

4 Card/code or if Sponsor determines in its sole discretion that submitted Code Card/code is not valid for any reason, is not authentic or was not obtained via authorized/legitimate channels, winner/gift recipient will forfeit the prize (or the gift, as the case may be) and Sponsor shall have no liability for same. Intentional submission of an invalid prize claim or invalid gift redemption also constitutes tampering, as discussed in (C) below. Sponsor s sole liability for a defective Code Card (or code thereon) is replacement with another randomly selected Code Card/code, provided supplies last. (B) Use of Code Cards. Code Cards (and the codes themselves) are valid only for this Giveaway and may only be used in accordance with these Official Rules. Any other use/attempted use of Code Cards/codes is prohibited and may constitute tampering. Code Cards/codes have no cash value and cannot be redeemed or exchanged for cash or credit. Any attempt to purchase/sell, trade, transfer, assign or exchange Code Cards/codes is void. (For the avoidance of doubt, notwithstanding the foregoing, if a participant wins a bundle of Coins as a prize in the Giveaway, he/she may use the Coins however he/she sees fit in his/her sole discretion so as to acquire Topps BUNT digital trading cards in accordance with the terms and conditions of the Topps BUNT digital trading card game; if a participant receives Topps BUNT digital cards as a gift in the Giveaway, he/she may use such digital trading cards as he/she sees fit in his/her sole discretion in accordance with the terms and conditions of the Topps BUNT digital trading card game.) (C) Tampering. Any conduct intended to circumvent or undermine the operation of the Giveaway and/or any website associated with the Giveaway constitutes tampering. By way of example only, tampering includes use of robotic, programmed or like methods of submission of Codes, prize claims and/or gift redemptions and/or any attempt to defraud Sponsor relative to submission of a code, prize claim and/or a gift redemption. Should Sponsor determine in its sole discretion that a given individual has engaged in any act of tampering (and/or has otherwise violated these Official Rules), such individual will be disqualified from the Giveaway, with his/her prize claim and gift redemption(s), as applicable, being declared void; and, Sponsor shall have no liability of any kind to such individual. Sponsor reserves the right to pursue all available legal remedies against such individual, including but not limited to the return of any prize or gift (or its value) obtained via tampering upon Sponsor s demand for same. (D) Severability. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision will be replaced by a substitute provision which is valid, legal and enforceable and most closely approximates the original intent of Sponsor. The determination of the invalidity, illegality or unenforceability of a given provision of these Official Rules will not affect any other provision of these Official Rules. 6. LIMITATIONS OF LIABILITY. Sponsor s computer is the official clock for purposes of the Giveaway. Sponsor assumes no responsibility or liability for

5 (a) any incomplete, incorrect or inaccurate information whether caused by Giveaway website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Giveaway website or mail-in entries, codes, gift redemptions or prize claims (as applicable); (c) any problems, malfunctions or errors of any telephone network or lines, computer online-systems, servers or providers, computer equipment, software, programming, failure of on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or for injury or damage to entrant s or to any person s computer or mobile device (or any information/materials stored therein) related to or resulting from downloading materials from any Giveaway website or participating in the Giveaway; (d) lost, late, misdirected, incomplete, damaged, garbled, corrupted, inaccessible, unrecorded or improperly recorded mail-in entries, codes, gift redemptions or prize claims, regardless of cause (all of which are void); and (e) postage due mail. For the avoidance of doubt, submission of mail-in entries, codes, gift redemptions and/or prize claim is the sole responsibility of the participant. Sponsor s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. 7. FORCE MAJEURE. If the Giveaway cannot be conducted as originally planned for any reason (for example, computer virus, unauthorized human intervention, natural disaster, governmental action, riot, strike or civil commotion), Sponsor may cancel, modify or suspend the Giveaway and conduct the Giveaway and make prizes available to be won and/or issue gifts in a manner which is fair and equitable as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on 8. RELEASES. By participating in the Giveaway, you (if a minor, your parent or legal guardian) release and agree to hold harmless The Topps Company, Inc., MLB Entities, their respective parent companies, affiliates, divisions, subsidiaries, associated entities and the directors, officers, agents, shareholders, representatives, employees, successors and assigns of any of the above organizations, and Facebook, Instagram and Twitter, from any and all liability associated (directly or indirectly, in whole or in part) with your participation in the Giveaway, your participation in any Giveaway-related activity and receipt, acceptance, possession or use/misuse of prize or gift(s), as applicable. By accepting prize or receiving gift(s), where permitted by law, winner/gift recipient (if a minor, his/her parent or legal guardian) grants Sponsor and its designees the right to print, publish, broadcast and use his/her name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional compensation or notice.

6 9. DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL. To the fullest extent permitted by law, by participating in the Giveaway, you (if a minor, your parent or legal guardian) agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any participant and/or The Topps Company, Inc. shall be filed in either the courts of the U.S. State of New York, County of New York OR the U.S. District Court for the Southern District of New York and you (if a minor, your parent or legal guardian) hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or The Topps Company, Inc., shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in this Giveaway but in no event attorneys' fees; and (d) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or The Topps Company, Inc. shall be governed by and construed in accordance with the laws of the U.S. State of New York, without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the U.S. State of New York or of any other jurisdiction. 10. WINNERS LIST. For names of winners, send a self-addressed stamped envelope to Topps Baseball/Topps Bunt Ultimate Card Giveaway-WL, 1 Whitehall Street, New York, NY USA to be received by July 7, Residents of Canada only may omit return postage. SPONSORED BY THE TOPPS COMPANY, INC., One Whitehall Street, New York, NY USA Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., the Office of the Commissioner of Baseball ( BOC ), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ( Clubs ), and each of their parent, subsidiary, affiliated and related entities, any entity which now, or in the future, controls or is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, employees, directors, officers, and agents of the foregoing entities ( MLB Entities ) and the Major League Baseball Players Association ( MLBPA ) and its related entities are in no way sponsoring, administering, producing or responsible for the Game.

7 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.