Instagram Official Rules

Official Rules For @Indians Sweepstakes On Instagram

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THE APPLICABLE SWEEPSTAKES. 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.

By participating in any Sweepstakes promoted by the @Indians Instagram account (the "Official Instagram Account") during the 2015 MLB season (each, a "Sweepstakes" and collectively, the "Sweepstakes"), you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies. The details and requirements for entry or participation in any Sweepstakes shall be provided by the Official Instagram Account from time to time, in the discretion of Cleveland Indians Baseball Co., LP ("Sponsor"). You must follow the directions provided by the Official Instagram Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Sweepstakes.

HOW TO ENTER: You may enter any Sweepstakes in one (1) of two (2) ways: via Instagram or by mail. No other method of entry will be accepted. Limit one (1) entry per person, per email address and per Instagram account per Sweepstakes, regardless of method of entry. Additional entries beyond the specified limit will be void.

  1. Instagram Method: To enter any Sweepstakes via Instagram, you must have a valid, public (i.e. not "protected") Instagram account and follow the Official Instagram Account. If you do not have an Instagram account, visit www.Instagram.com or download the free Instagram application and register in accordance with the enrollment instructions for a free Instagram account. To enter any Sweepstakes via Instagram, follow the instructions provided by the Official Instagram Account in the manner and time period set forth by the Official Instagram Account (the "Entry Period") and pursuant to the (a) Content Restrictions (as set forth in the Content Restrictions section below), and (b) the Instagram Terms of Use accessible at http://instagram.com/about/legal/terms/ to receive one (1) entry in the applicable Sweepstakes. Only publicly viewable images and/or videos on Instagram containing the hashtag, if a photo, video and/or hashtag are required per the instructions provided by the Official Instagram Account, will be considered valid entries. All information submitted online via Instagram is subject to, and will be treated in a manner consistent with, the Instagram Terms of Use and Privacy Policy, accessible at https://instagram.com/about/legal/privacy/?hl=en.; all such information shared with Sponsor per your account settings will be subject to, and treated in a manner consistent with, MLB.com's Privacy Policy accessible at: mlb.mlb.com/privacy. Failure to follow any instructions provided by the Official Instagram Account, failure to submit your entry within the applicable Entry Period, or failure to comply with the Content Restrictions or otherwise with these Official Rules, may result in disqualification. The time of receipt of any valid Instagram entry shall be the time such valid entry becomes available to Sponsor on Instagram.com. Sponsor's computer shall be the official clock of each Sweepstakes. Data and usage fees may apply to the download and use of the Instagram application.
  2. Mail-in Method: If you would like to enter a Sweepstakes without having to submit an entry via Instagram, during the applicable Entry Period, hand-print your full name, address, city, state/territory/province and zip code, day & evening telephone numbers (including area codes), date of birth, email address (optional), and any hashtag, Sweepstakes title, question or other Sweepstakes-identifying information promoted by the Official Instagram Account for the applicable Sweepstakes (the submission of a photo or video is not required), on a 3"x5" postcard and mail it in a sealed envelope with proper postage affixed to: Cleveland Indians, 2401 Ontario St., Cleveland, OH 44115, Attn: Sweepstakes Department. Sponsor will use email addresses provided via the mail-in entry method for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's provision of this information. Mail-in entries must be postmarked by the end of the Entry Period for the applicable Sweepstakes ("Sweepstakes End Date") and received by Sponsor within seven (7) days of the Sweepstakes End Date to be eligible; provided, however, that in the event the Sweepstakes End Date is a Sunday or a legal holiday, mail-in entries must be postmarked the following day and received within seven (7) days following such postmark date to be eligible. Mail-in entries become the property of Sponsor and will not be returned.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states"), and Canada (excluding residents of the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Employees, officers, and directors (including 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 and all other companies associated with the Sweepstakes are not eligible to participate or win a Prize (defined below). 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. The Sweepstakes is subject to all applicable federal, provincial, state, territory and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.

RANDOM DRAWING:  The potential winner(s) of the applicable Sweepstakes will be selected by random drawing on or about seven (7) days following the applicable Sweepstakes End Date from among all eligible entries received for the applicable Sweepstakes. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner(s) will be declared the official winner(s) of the applicable Sweepstakes (each, a "Winner" and collectively, the "Winners"). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received for the applicable Sweepstakes. Non-winning eligible entries from one Sweepstakes will not carry-over to or be eligible for any subsequent Sweepstakes. Limit one (1) Prize per person, family or household per Sweepstakes.

PRIZES: The prize(s) and quantity of such prize(s) to be offered in each Sweepstakes (each, a "Prize" and collectively, the "Prizes") shall be identified by the Official Instagram Account. The approximate retail value of each Prize shall be $25-$500. Exact Prize details shall be determined in the sole and absolute discretion of Sponsor. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Each Winner is fully responsible for any and all applicable federal, provincial, state, territory and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified by the Official Instagram Account as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner.

Additional conditions for any Prize that includes MLB game, event or exhibition tickets: TRANSPORTATION TO/FROM ANY GAME, EVENT OR EXHIBITION AND LODGING NOT INCLUDED. Seat locations at the game, event or exhibition, if and as applicable, shall be determined in the sole discretion of Sponsor. Each Winner's 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 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 or 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. Released Parties 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).

PUBLICATION, LICENSE AND RELEASE: By entering a Sweepstakes via Instagram and submitting a photo and/or video, each entrant (a) agrees that his/her photo and/or video is an original work of authorship and that he/she owns all right, title and interest in the photo and/or video as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the photo and/or video to submit it for possible use as provided herein; (b) agrees that his/her photo and/or video does not violate the MLB.com Terms of Use or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to Sponsor, MLBAM and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her photo and/or video throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and/or MLBAM, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the photo and/or video via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the entrant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the MLB Entities or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the photo and/or video, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein.

CONTENT RESTRICTIONS: Entrants must not include any of the following content (the "Content Restrictions") in any photo and/or video: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) 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, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the photo and/or video is created. Any photo and/or video that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified.

NOTIFICATION: Each potential winner will be notified at the email address, postal address, telephone number and/or via Instagram (in the sole discretion of Sponsor and/or MLBAM, as applicable) provided at the time of entry (the "Prize Notification") and will be required to privately (through Instagram, email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any Prize (or any portion thereof) or Prize Notification is returned as undeliverable or that any potential winner does not respond to any such Prize Notification within twenty-four (24) hours of the time of issuance (or within the time specified by the Official Instagram Account, as applicable), fails to provide Sponsor all information and documentation necessary to receive the Prize, fails to comply with these Official Rules, declines the Prize for any reason or, in the case of Canadian residents, incorrectly answers the skill testing question as determined by Sponsor in its sole discretion, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries for the applicable Sweepstakes. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability (or, if a resident of Canada, a Declaration of Eligibility) and, unless prohibited by law, Publicity, within twenty-four (24) hours of the time of issuance (or within the time specified by the Official Instagram Account, as applicable), and in the case of Canadian residents, correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question which will be administered by Sponsor by telephone at a mutually agreeable time.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against the MLB Entities, Instagram and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the applicable Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the applicable Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering any Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLBAM by telephone, email and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize such Winner's 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.

GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of any Sweepstakes is unlawful and subject to legal action by Sponsor, MLBAM and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend any Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner(s) and award the Prize(s) by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor and MLBAM reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes or discontinue any Sweepstakes at any time without notice.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF ANY SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an Instagram account, the winning entry will be declared made by the "Authorized Account Holder" of the Instagram account used to enter the applicable Sweepstakes provided he/she is eligible according to these Official Rules. For entries via Instagram, the "Authorized Account Holder" is defined as the natural person who is assigned to an Instagram account by Instagram .

As a condition of entering any Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to any Sweepstakes, or any prizes awarded (each, a "Claim"), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.

Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

WINNERS' LIST: For a list of Winner(s), mail a request and a self-addressed stamped envelope to be received by December 31, 2015, to: @Indians 2015 Season Instagram Sweepstakes Winners List c/o Cleveland Indians, 2401 Ontario St., Cleveland, OH 44115.

SPONSOR: The Sponsor of this Sweepstakes is Cleveland Indians Baseball Co., LP, 2401 Ontario St., Cleveland, OH 44115.
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