Esurance – Win a trip to Cincinnati, OH and more gifts valued at $4,960 by July 2, 2015 !
ESURANCE FAN ALL-STAR SWEEPSTAKES
ENDS ON July 2, 2015, at 8:59 p.m. PT
The Esurance Fan All-Star Sweepstakes (the “Sweepstakes”) is sponsored by Esurance Insurance Services, Inc., 650 Davis St., San Francisco, California 94111 (“Esurance” or “Sponsor”), and is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age (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) at the time of entry.
The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MLB.com”), Major League Baseball Enterprises, Inc., 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. For the purposes of this Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children, and grandchildren (including “step” as they may apply). Void where prohibited or restricted by law, rule or regulation.
The Sweepstakes begins on May 13, 2015, at 12:00 p.m. PT and ends on July 2, 2015, at 8:59 p.m. PT (the “Sweepstakes Period”). The Sweepstakes Period will be divided into two (2) separate entry periods (collectively, the “Entry Periods”) as set forth below.
a) The “First Entry Period” begins on May 13, 2015, at 12:00 p.m. Pacific Time (“PT”) and ends on June 25, 2015, at 12:00 p.m. PT.
b) The “Second Entry Period” begins on June 25, 2015, at 12:01 p.m. PT and ends on July 2, 2015, at 8:59 p.m. PT.
c) Entries must be submitted and received during the Sweepstakes Period to be eligible for a prize and any entries received before or after such time will be void.
3. HOW TO ENTER
Limit of forty-five (45) Entries per Entrant.
Upon submitting Entrant’s first Ballot Entry, Sponsor shall email such Entrant a survey. Entrant will gain ten (10) additional Entries into this Sweepstakes by following the steps in the email to complete and submit the survey during the Entry Period (each, a “Survey Entry” and together with the Ballot Entry, an “Entry”).
4. PRIZE WINNER SELECTION & NOTIFICATION
Sponsor shall select or cause to be selected thirty (30) potential winners, one (1) potential winner to be selected as the fan for each Club as designated by such Entrant at the time of Entry at random on or around July 1, 2015, drawing from among all eligible Entries received for the First Entry Period. The potential winners shall be notified by email, mail or phone.
Sponsor shall select or cause to be selected one (1) additional potential winner by random drawing without regard to Club preference on or around July 3, 2015, from among (1) all eligible non-winning eligible Entries received for the First Entry Period and (2) from among all eligible Entries received for the Second Entry Period. The potential winner shall be notified by email, mail, or phone.
Limit one (1) Prize per person, family or household. Subject to verification of eligibility and compliance with the Official Rules, the potential winners shall be declared the official winners of the Sweepstakes (collectively, the “Winners”). As a condition to entering the Sweepstakes and receiving a Prize, each Winner agrees (if requested by Sponsor) to, and to cause such Winner’s guest to, complete, sign, have notarized and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, within the time frame specified, or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential winner cannot be reached after the reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner or potential winner fails to comply with these Official Rules, or if a potential winner fails to respond to any Winner Notification and/or to sign and return the affidavit (if applicable) within the time periods specified, the applicable prize will be forfeited in Sponsor’s sole discretion and an alternate potential winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion from among all remaining eligible Entries received for the applicable Entry Period. Sponsor may only look to five (5) alternate winners, at which point the prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. If legitimately claimed in compliance with these Official Rules, the prize will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. Each Prize Winner will be issued an IRS 1099 Tax Form for the stated value of the prize in January 2016 following the receipt of prize.
5. PRIZE / ODDS
Each Winner will receive the following (the “Prize”):
1) Round trip, coach-class flight to/from major airport nearest Winner’s residence and Cincinnati, OH for Winner and one (1) guest;
2) Four (4) night stay for Winner and one (1) guest in a hotel of Sponsor’s choosing in Cincinnati, OH (one (1) standard room, double occupancy);
3) One (1) MLB Club jersey and tech swag to be determined by Sponsor at its sole discretion; and
4) Two (2) tickets for the 2015 MLB All-Star Game for Winner and one (1) guest.
PRIZES DO NOT INCLUDE ANY EVENT-RELATED EXPENSES, SUCH AS GROUND TRANSPORTATION, NOT DETAILED HEREIN. ANY SUCH EXPENSE WILL BE THE RESPONSIBILITY OF EACH WINNER.
Total ARV of all Prizes: $148,800.00
Each Winner must be able to travel to Cincinnati, Ohio on Sponsor-selected dates and attend the ticketed MLB All-Star Game and all other Prize events or the Sweepstakes Prize in its entirety may be forfeited and (time permitting) an alternate winner chosen. Hotel and flight accommodations shall be made directly by Sponsor. MLB team jersey, tech swag and tickets to the Prize events shall be delivered to the Prize Winner at the hotel. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Releasees are not responsible for and Winner will not receive the difference, if any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials.The Prizes do not include tickets to any event or exhibition during the 2015 MLB All-Star Week other than as specifically set forth herein. Seat locations at the game shall be determined in the sole discretion of Sponsor. Winners’ companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of any Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each Winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest(s) 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. Releasees 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 Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).Trip must be taken on dates specified by Sponsor or Prize will be forfeited. Travel and hotel accommodation restrictions apply. Travel arrangements must be made through Sponsor’s agent and on a carrier of Sponsor’s choice. Each Winner and his/her guests are responsible for obtaining all required travel documents, including passports and visas (if applicable) prior to travel and must have no impediment to entering the country of the host city. Each Winner and his/her guests must travel together on the same itinerary. Prizes, if legitimately claimed, will be awarded. All federal, state and local taxes, are the sole responsibility of the applicable Winner. Releasees are not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed contact information. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Releasees are not responsible for any inability of any Winner to accept or use any Prize (or portion thereof) for any reason. No transfers, Prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen Prize or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If for any reason any Prize-related event is delayed, cancelled, or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its sole discretion and may award a substitute Prize of equal or greater value. Releasees shall not be responsible for any cancellations, delays, diversions, or substitution, or any act or omissions whatsoever by the event or any other persons providing any of these services and accommodations necessitated by same. Releasees (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty. No more than the stated Prizes will be awarded. Prizes will only be provided to Winner in one (1) of the fifty (50) United States or the District of Columbia.
Odds of winning depend upon number of eligible Entries received for the applicable Entry Period.
6. LICENSES AND APPROVALS
By submitting an Entry and participating in this Sweepstakes, you grant the Sweepstakes Entities and the MLB Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit your name, voice, persona, likeness, image, home address, prize information, Entry, any quotes attributable to you, biographical data, and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with advertising and/or publicity purposes in connection with this Sweepstakes in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and each entrant releases all Releasees (defined below) from any and all liability related thereto. The license and rights granted by you may include, without limitation, on-location appearances and any photographs, videos, or other materials you provide to the Sponsor. Nothing contained in these Official Rules obligates the Sweepstakes Entities or MLB Entities to make use of any of the rights granted herein and a Winner waives any right to inspect or approve any such use. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST AS WELL AS USED IN ANY AND ALL MEDIA AT THE DISCRETION OF THE SPONSOR AS A PART OF PARTICIPATING IN THE PROMOTION AND THE OFFICIAL WINNER NOTIFICATION.
7. LIMITATION OF LIABILITY
The Releasees (as defined herein) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, email, mail, Sweepstakes-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human, or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of the prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur in the administration of the Sweepstakes, or the processing of Entries; (f) postage-due winner documentation; (g) any error, omission, interruption, defect or delay in transmission or communication; (h) viruses or technical or mechanical malfunctions; (i) interrupted or unavailable cable or satellite systems; (j) errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; or (k) lost or unavailable network connections. Sweepstakes Entities and the MLB Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s account to receive email messages. Sweepstakes Entities and the MLB Entities are not responsible, and may disqualify an entrant, if his or her Instagram or Twitter account, telephone, or other contact information does not work or if it is changed without entrant giving prior written notice to Sponsor. Releasees are not responsible for any changes or unavailability of the Instagram or Twitter Platform that may interfere with the Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed, corrupted, or for any other reason not accepted as an entry into the Sweepstakes, your sole remedy is another Entry in the Sweepstakes during the Sweepstakes Period.
As a condition of participating in this Sweepstakes, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, THE MLB ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SPONSORS, DIVISIONS AND ADVERTISING, PUBLIC RELATIONS AND SWEEPSTAKES AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF THE PRIZE, WHILE PREPARING FOR OR PARTICIPATING IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. ADDITIONAL DISCLAIMERS
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, or local government authority, or any other cause, whether or not specifically mentioned above.
9. DISPUTES AND GOVERNING LAW
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN THE ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, 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 TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits, or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state and federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits, or proceedings arising from or relating to this Sweepstakes or these Official Rules.
10. GENERAL RULES
Sponsor’s or any MLB Entity’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from entering the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that a Winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate potential winner by random drawing from among all eligible Entries received for the drawing at issue, even if the disqualified potential winner’s name or other information or content may have been shown or announced on the Website or elsewhere. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Sweepstakes and award the prize from among all eligible Entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the account of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. Potential winners may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion Any damage made to the Website or the Instagram or Twitter service will be the responsibility of the registered account holder of the email address for the Instagram or Twitter account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MLBAM AND/OR THEIR RESPECTIVE AGENTS MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
11. WINNER LIST
For a copy of these Official Rules or any legally required list of Winners, send a self-addressed, stamped, #10 business envelope to “Esurance Fan All-Star Sweepstakes,” ATTN: Official Rules (or Winner’s List) Request, 650 Davis Street, San Francisco, CA 94111. Rules and winner’s list request requests must be received within two (2) months of the end of the Sweepstakes Period. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. Vermont residents may omit return postage for rules request.
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