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“#ToppsLive ” Opening Day Contest
The “#ToppsLive” Opening Day Contest (the “Contest”) is intended for legal residents of the 50 United States of America (“USA”), including the District of Columbia (“D.C.”), and shall only be construed and evaluated according to the laws of the USA. Void in Puerto Rico and U.S. territories.
SPONSOR: The Contest is sponsored by The Topps Company, Inc., One Whitehall Street, New York, NY 10004 (the “Sponsor”).
ELIGIBILITY: The Contest is open and offered only to legal residents of the USA (including D.C), who are 13 years of age or older at the time of entry. Residents of Puerto Rico and U.S. territories are not eligible. Employees of the Sponsor, Major League Baseball, and any Major League Baseball teams, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Contest are ineligible to enter or win. Void outside of the USA, D.C., and where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize (as defined below) is contingent upon fulfilling all the following requirements.
TIMING: The Contest will be defined by the two (2) following time periods:
1. The Submission Period (“Submission Period”) - 4:00:01 p.m. Eastern Time (“ET”) May 19, 2014 through 11:59:59 p.m. ET on September 30, 2014.
2. The Judging Period (“Judging Period”) - 12:00:01 a.m. ET on Wednesday, October 1, 2014 through 11:59:59 p.m. on Friday, October 3, 2014.
The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER THE CONTEST: Eligible Entrants can enter the Contest during the Submission Period through any of the following method of entry:
1. INSTAGRAM - Eligible Entrants can enter the Contest during the Submission Period by submitting (posting with your personal Instagram account) a photo showing the action in the field or stadium from a 2014 regular season Major League Baseball game (the “Theme”). All Contest photo/video submissions posts must include the hashtag, #ToppsLive, in order to be eligible. Submission of a Theme-applicable photo (with the proper hashtag) is a mandatory part of entry. Each photo submission will receive one (1) Entry into the Contest.
If an Entrant submits a photo that is not Theme-related, in the Sponsor’s sole discretion, the entry will be disqualified. All entries become the property of the Sponsor and will not be returned or acknowledged.
ENTRY REQUIREMENTS AND RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. The Entrant is responsible for all costs associated with uploading the photo. In the event that more than one of the same photo is submitted, only the first submission received shall be accepted.
In order to be eligible, entries must actually be received by the Sponsor during the Submission Period. Entries received by the Sponsor before the start of the Submission Period or after the end of the Submission Period are VOID. Those who do not follow all of the instructions, do not provide the required information in their entry form, or do not abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s, or submitted at any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Contest administration.
Entrants represent and warrant that their submitted photo is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the photo contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the use and exhibition of the photo by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the photo (collectively, the “Clearances”).
By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Contest of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the applicable Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or ; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared to be the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, and its respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER DETERMINATION/NOTIFICATION: Following the conclusion of the Submission Period, the Sponsor will commence the Judging Period of the Contest. During the Judging Period, each eligible entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria:
- Creativity of photo (50%)
- Originality of photo (50%)
Up to thirty (30) Prize Winners will be determined based on the judges’ scoring/ranking according to the aforementioned criteria. All decisions of the Sponsor (and appointed judge(s)) are final and binding. Each Prize Winner will be contacted by the Sponsor/Sponsor’s representative via Instagram comments. All notifications will be sent before the end of the Judging Period. All notifications will instruct the Winners to contact a Sponsor representative (via email) for further instructions. Any selected Winner that does not comply with the instructions of the notification Instagram comment within three (3) business days may be disqualified and an alternate Winner may be selected.
PRIZES: Up to thirty (30) Prize Winners will be selected by the Sponsor. The Prize Winners will receive a stamped photographer proof set of all special inserts for Sponsor’s trading card products created from the Prize Winner’s photographs (the “Opening Day Stamped Insert Set”) by March 31, 2015. Each Prize Winner, upon ASC’s verification of eligibility as defined below, will give the Sponsor the right to use their submitted photo in perpetuity on its products, services, and/or advertising or promotional materials in any and all media now know or created in the future. No substitution or transfer of prize will be permitted.
PRIZE CONDITIONS: By accepting a Prize, the Prize Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize in question. Each Prize Winner irrevocably grants the Sponsor a royalty-free exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Contest of Sponsor's products and services and/or any advertising or promotional materials without further permission, consideration or payment to the Entrant, except where prohibited. If a prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached within three (3) business days from the first notification attempt, or if potential Winner is not in compliance with these Official Rules, then such person will be disqualified and an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: By entering the Contest, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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 Contest but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, 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, shall be governed by, and construed in accordance with the laws of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than New York. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business size envelope, by February 1, 2015, to: “#ToppsLive” Opening Day Contest Winners List, P.O. Box 2220 Duryea, PA 18642, .
This Contest is not in any manner sponsored, endorsed, administered by, or associated with Instagram.
Except where prohibited by law, voluntarily posting photographs, videos, comments or other material tagged with one of our promoted hashtags (“Posted Content”) constitutes your consent and grant (or your parent/guardian’s consent and grant if you are under the age of majority*) to The Topps Company, Inc. (“Topps”) of the irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the Posted Content in any form or media now or hereafter know for any and all purposes deemed by Topps in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposing the Posted Content online (e.g., on our brand websites and social media pages) and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Posted Content. You understand that Posted Content may be edited in the sole discretion of Topps. You represent and warrant that the Posted Content will not contain any third party trademarked or copyrights material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant Topps all relevant licenses and permission to use the material as contemplated herein. You agree not to take any legal action against, and release and discharge, Topps, and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the Posted Content as contemplated herein. Topps’ page is not sponsored or endorsed by this site or any other third party.
*If you are under the applicable age of majority, a parent or legal guardian must agree to these terms.