Effective as of August 30, 2023
Official Rules
NO PURCHASE NECESSARY TO ENTER TO WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES. MANY WILL ENTER, FEW WILL WIN.
THESE OFFICIAL RULES(“OFFICIAL RULES”) PROVIDE THE TERMS AND CONDITIONS OF THE 2023 FANATICS LIVE COSMIC CHROME CASE CHASE (THE “SWEEPSTAKES”). BY ATTEMPTING TO PARTICIPATE IN THE SWEEPSTAKES, PARTICIPANTS (AS DEFINED BELOW) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SWEEPSTAKES SPONSOR, FANATICS LIVE, INC. (“SPONSOR”), WHICH WILL BE FINAL AND BINDING INALL MATTERS RELATING TO THE SWEEPSTAKES.
1. Prize.
One(1) Winner (as below) will receive one (1) case of 2023 Topps Cosmic Chrome(the “Prize”). The approximate retail value of the Prize is approximately $4,400.
2. Eligibility.
Participants in the Sweepstakes (“Entrants”) must be legal residents of the 50 UnitedStates or the District of Columbia who are 18 years of age or older (or of legal age of majority in state of residence). Void outside of the 50 UnitedStates and the District of Columbia, and where otherwise prohibited or restricted by law. Employees, officers and directors of Sponsor, Major League BaseballPlayers Association (“MLBPA”) the MLB Entities and each of their respective parent companies, subsidiaries, and affiliates are not eligible to participate. Each Entrant must have a compatible mobile device, download the Fanatics.LiveApp, have a valid Fanatics.live account. For purposes of these Official Rules, the “MLB Entities” means MajorLeague Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network,LLC, 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.
3. Overview.
Any collector that purchases a slot in designated trading card breaks (the “Breaks”)during the Entry Period (as defined below) will automatically receive an entry into a random drawing to win the Prize. One(1) Entry per person – meaning that if a collector purchases multiple slots ineligible break(s) such collector will only receive one (1) entry.
THE MLB ENTITIES AND MLBPA ARE NOT SPONSORS OF AND NOT RESPONSIBLE FOR THE SWEEPSTAKES.
4. Odds;Alternate Means of Entry.
Any collector that purchases a slot in designated trading card breaks (the “Breaks”)during the Entry Period (as defined below) will automatically receive an entry into a random drawing to win the Prize. One(1) Entry per person – meaning that if a collector purchases multiple slots ineligible break(s) such collector will only receive one (1) entry.
THE MLB ENTITIES AND MLBPA ARE NOT SPONSORS OF AND NOT RESPONSIBLE FOR THE SWEEPSTAKES.
5. Entry Period.
TheSweepstakes will commence on August 30, 2023, at 9:00 AM Eastern Standard Time and ends at 3:00 AM Eastern Standard Time on August 31, 2023 (the “EntryPeriod”).
6. To Participate.
To participate, Entrants must buy into an eligible Break or receive a free entry as described above during the Entry Period. Entrants will be required to login to their Fanatics.Live account or create a new account. All entries submitted in accordance with these OfficialRules shall be hereinafter referred to as “Eligible Entries.” There is no cost to participate in the free entry giveaways, however internet access charges and/or wireless data rates may apply.
7. Selection of Winner.
Subject to rules regarding eligibility and winner verification herein, one (1) Winnerwill receive one (1) Prize by random drawing using Sponsor’s giveawayrandomizer.
8. Selection of Winner.
A potential winner must prove eligibility, including, without limitation, proof of age and residence. Each potential winner must sign within 48 hours of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release (including a name, image, likeness release) releasing the Indemnified Parties (as defined below) and their respective officers, directors, employees, agents and members from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of the Prize or any portion thereof to be eligible for the Prize; and (b) except where prohibited by law, a promotional release granting Indemnified Parties the right to use his/her name and likeness for advertising and publicity purposes without additional compensation; and any other documentation required by Sponsor, including tax-related forms, and potential winner’s social security number or local equivalent for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes Entrant’s agreement to sign such Releases. Each potential winner shall be responsible for obtaining and returning signed copies of the Releases within the allotted timeframe. Failure to return all such documents and comply with deadlines, noncompliance with these Official Rules or the return of any prize or prize notification will result in disqualification and, in Sponsor’s sole and absolute discretion, selection of an alternate potential winner. Upon receipt and acceptance by Sponsor of all requested documentation from a potential winner, Sponsor shall deem such potential winner as an official Sweepstakes’ winner (a “Winner”).
9. General Terms.
1Arrangements for fulfillment of the Prize will be made by Sponsor. All details related to the Prize not specified in these Official Rules shall be solely determined bySponsor. As a reminder, each Winner remains liable for any and all taxes on the value of the Prize received. Upon entry into the Sweepstakes, Winner (as well as all other Entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules, are solely Winner’s responsibility. Sponsor shall have no responsibility or obligation to theWinner, or Potential Winner, who is unable or unavailable to accept or utilize the Prize as described herein. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded. Non compliance with any of these Official Rules, in Sponsor’s sole discretion, may result in disqualification. IndemnifiedParties (as defined below) assume no responsibility for incorrect, in accurate, or late entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing or running of the Sweepstakes. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or Official Rules for any reason, including if the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Sweepstakes in any jurisdiction. Should the Sweepstakes be terminated prior to the stated expiration date, Eligible Entries may be redeemed to the extent received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor.All interpretations of these Official Rules and decisions by Sponsor are final.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS(STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to indemnify and hold harmless the Sponsor, the MLB Entities,MLBPA, and each of their respective affiliated companies, parents, subsidiaries, officers, directors, employees, agents, members, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs(including, but not limited to reasonable attorneys’ fees) resulting or a rising from: (a) the Sweepstakes, including Entrants participation therein, and/or (b)any breach or violation of any representation, warranty, obligation or covenant made by each Entrant herein; and each Entrant agrees to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release all rights to bring any claim, action or proceeding against theIndemnified Parties, and hereby acknowledge that the Indemnified 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 Sweepstakes.
BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OFANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. IN NO EVENT WILL THE INDEMNIFIED 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 ANY ACCESS TO, LACK OF ACCESS TO, AND/OR USE OF THE SWEEPSTAKES WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES WEBSITE, THE REMOVAL FROM THE SWEEPSTAKES WEBSITE, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANYTHING RECEIVED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, TOPPS.COM, AND ALL RELATED ACTIVITIES AND MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT.
10. Use and Transfer of Personal Information.
By participating, each Entrant agrees that their personally identifiable information collected or used in connection with the Sweepstakes may be used by Sponsor in accordance with its privacy policy located at www.fanatics.live/legal/privacy. Any personal information held by Sponsor in connection with the Sweepstakes will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an Entrant gives Sponsor permission to pass on their personal information to a third party then this shall no longer be the responsibility ofSponsor and shall be subject to the privacy policy of that third party.
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