NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 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.
The object of Beat the Streak - YESNetwork.com Edition (the "Contest"
) is to establish a virtual "hitting streak" and keep it going for as long as possible. You'll do this by selecting one New York Yankees ("Yankees"
) player each game day, from a list displayed by MLB.com of Yankees players who are on the Yankees' active roster on that game day. If the player you select for that game day gets at least one hit in that day's games, your streak continues. If the player you select does not get a hit, you can still participate, but your streak is reset to zero. You must select a player each Yankees game day; however, you can make your daily player selections for up to ten (10) calendar days in the future. You can select any player as many times as you want over the course of the Contest Period (as defined below).
The Contest is open only to legal residents of the fifty (50) United States, Washington D.C., and Canada (excluding residents of the Province of Quebec) who are of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age in the U.S.) as of the date of entry with a valid e-mail address and Internet access as of April 1, 2013. Void in the Province of Quebec and where prohibited by law, rule or regulation.
Employees or consultants of the MLB Entities (defined below), Yankees Entertainment & Sports Network, LLC, d/b/a The YES Network (the "YES Network"
) (or any of their respective parents, affiliates, subsidiaries or advertising and promotion agencies, and their immediate family members (parent, sibling, child or spouse and their respective spouses, regardless of where they reside) and any person residing in their same households, whether or not related, are not eligible to participate or win a prize. 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"
), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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 BOC and the owners, general and limited partners, shareholders, parents, directors, officers, representatives, employees, agents, successors and assigns of the foregoing entities.
The Contest begins at 1:10 pm Eastern Time ("ET"
) on April 1, 2013 and ends following the conclusion of the final game of the 2013 MLB regular season (the "Contest Period"
). For purposes of this Contest, the 2013 MLB regular season includes all potential MLB tiebreaker games, if any, played prior to the commencement of the 2013 MLB postseason.
How to Register
You may register to participate in the Contest during the period beginning at 12:00:01 p.m. ET on April 1, 2013 and ending five (5) minutes prior to the final game of the 2013 MLB regular season (the "Registration Period"
). Online entry only. No other method of registration will be accepted. All entries must include a valid e-mail address for the participant. Limit one (1) registration per person and per unique email address. In case of multiple registrations received from any person or email address, only the first registration received from such person or email address will be considered.
To register to participate, during the Registration Period visit www.yesnetwork.com
and click on the banners, buttons and/or links for the Contest to access the Contest registration page, then follow the directions provided.
. Registrations generated by script, macro or other automated means or utilizing any other method or means which, in MLBAM's sole discretion, impacts the integrity of the Contest or is in violation of these Official Rules will be void. Entrants to the Contest may be given the option to receive commercial e-mails from MLB.com and/or Yesnetwork.com; however, eligibility to participate in the Contest is not dependent upon entrant's consent to receive such e-mails.
By registering and/or participating in the Contest, each participant agrees that MLBAM will solely resolve any disputes and rules violations that arise in connection with the Contest. MLBAM's computer shall be the official clock of the Contest. All decisions by MLBAM regarding the Contest shall be final and binding in all respects. Any incidence of collusion or cheating, as determined by MLBAM in its sole discretion, will be subject to disqualification from the Contest without limitation to any other rights or remedies available to MLBAM. If you have any questions regarding the Contest, please send an e-mail to MLB.com customer support
Selecting Your Players
Each day on which a regular season Yankees game is played during the Contest Period (each, a "Game Day"
), you must select one (1) player from a list displayed on Yesnetwork.com of Yankees players who are on the Yankees' active roster on that Game Day (the "Active Players List"
). The Active Players List may change as a result of injury or other roster changes, so be alert. You may select any player from the Active Players List, including any player you have previously chosen. You will have until five (5) minutes prior to the start of the first Yankees game being played on that Game Day to make your player selection for that Game Day, after which you may not submit a player or change your selection; however, you can make your daily player selection up to ten (10)-calendar days prior to any Game Day and may change your selection until five (5) minutes prior to the start of the first MLB game being played on that Game Day.
Establishing and Maintaining a Streak
All participants start at zero. Your streak is measured by the number of consecutive Game Day(s) the player(s) you select are credited with a hit during the Contest Period.
Your streak will automatically end and you must start to build your streak again from zero under any of the following scenarios:
1. If you select a player for any Game Day who does not get a hit and has at least (i) one (1) official at bat, or (ii) one (1) sacrifice fly during the Game Day for which you selected him, or
2. If you fail to select a player for any Game Day.
Your streak will NOT end under any of the following scenarios:
1. If a player you select does not play during the Game Day for which you selected him for any reason other than the Yankees not being scheduled to play.
2. If each of the selected player's plate appearances (one or more) result in a base on balls, hit batsman, defensive interference or obstruction or a sacrifice bunt; or
3. Except as set forth in the Suspended Games Section below, your streak will remain intact in the event of any cancelled or postponed MLB game.
The foregoing is based on official scoring as confirmed by MLBAM.
In the event that a player you select plays in a double-header, your streak will only continue if the player gets at least one (1) hit in both games in which he plays that Game Day unless all the selected player's plate appearances (one or more) result in a base on balls, hit batsman, defensive interference or a sacrifice bunt. For the avoidance of doubt, in the event that a player you select gets at least one (1) hit in both games of a double-header, your streak will continue, but your streak will only increase by one (1) hit for that Game Day, and not two (2) hits. NOTE: Except as set forth in the Suspended Games section below, only hits officially scored as hits in 2013 MLB regular season games will be counted as valid hits in the Contest.
The following rules shall apply in the event any 2013 MLB game(s) is officially suspended during the Contest Period (each, a "Suspended Game"
1. Only hits, at bats and sacrifice flies that are officially scored as hits, at bats and sacrifice flies in the portion of the game that was played prior to the point of suspension of such Suspended Game shall count as hits for purposes of this Contest provided either of the following conditions apply at the time such game(s) is suspended:
a. The MLB Club that is trailing in the portion of the game that was suspended (i) has made fifteen (15) or more outs in the game, and/or (ii) has completed all of its at-bats for five (5) innings; or
b. The home MLB Club (i) has made fifteen (15) or more outs, (ii) has completed all of its at-bats for five (5) innings, and/or (iii) has tied the game in the bottom of the fifth inning.
A participant with a streak of eleven (11) selects Mark Gardener to hit on the May 7th game that is suspended in the 7th inning. Gardener goes 1-for-2 in the portion of the game that was played on May 7th. The participant's streak would increase to twelve (12).
2. Any hits, at bats or sacrifice flies officially scored as hits, at bats and sacrifice flies in the portion of the game that was played prior to the point of suspension of such Suspended Game will NOT count as valid hits for purposes of this Contest provided either of the following conditions apply at the time such game(s) is suspended:
a. The MLB Club which is trailing has NOT (i) made fifteen (15) or more outs in the game, and/or (ii) completed all of its at-bats for five (5) innings; or
b. An MLB game is tied and the visiting MLB Club has NOT (i) made fifteen (15) outs or more in the game, or (ii) completed all of its at-bats for five (5) or more innings.
Under any of these circumstances, for purposes of this Contest, your streak will not end.
A participant with a streak of eleven (11) selects Mark Gardener to hit on the May 7th game that is suspended in the 3rd inning. Gardener goes 1-for-2 in the portion of the game that was played on May 7th. The participant's streak would remain at eleven (11).
3. For any Suspended Game, any hits, at bats or sacrifice flies officially scored as hits, at bats and sacrifice flies during the resumption of the Suspended Game will NOT count as valid hits, at bats or sacrifice flies for purposes of this Contest.
A participant with a streak of eleven (11) selects Mark Gardener to hit on the May 7th game that is suspended after the 7th inning. Gardener goes 0-for-2 in the portion of the game that was played on May 7th. If the Suspended Game resumes on May 8th and Gardener hits a single in the 9th inning of that portion of the game, that single will not count as a valid hit for purposes of this Contest.
For purposes of the Contest, hit totals will not be updated to reflect any official MLB statistics changes or corrections that occur after the completion of the applicable game. Accordingly, any subsequent official MLB statistics changes will not result in recalculating any streaks in the Contest. By way of example only, in the event there is an official MLB scoring correction for a game played on Friday, July 19, that changes an error to a hit for a player you selected for that game, and the official MLB statistics change was made on Saturday, July 20 (i.e., one (1) calendar day after the July 19 game was completed), the scoring change would NOT be reflected in your hit streak.
Prize winner is fully responsible for any and all applicable federal, state, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use not specified herein as being provided including but not limited to any and all costs and expenses incurred by accepting and using the Prize (or any portion thereof) are the sole responsibility of the winner. The Prize is non-transferable and non-assignable, with no cash redemptions except in YES Network's sole and absolute discretion. YES Network reserves the right to substitute a prize of comparable or greater value at its sole and absolute discretion. All prize details are at the sole discretion of the YES Network. NO PRIZES WILL BE AWARDED IF NO PARTICIPANT ACHIEVES A HITTING STREAK OF AT LEAST TWENTY (20) GAMES.
The eligible participant with the longest hitting streak during the Contest Period greater than or equal to twenty (20), as determined by MLBAM in its sole discretion, will win one (1) Yankees game-used base from 2010-2012 Seasons such base to be selected in the sole and absolute discretion of YES (the "Prize"
). Approximate retail value of the Prize: $109.99. For the avoidance of doubt, the Prize will be awarded to the eligible participant that earned the longest hitting streak during the Contest Period, not the longest active hitting streak at the time the Contest Period ends.
NOTE: Grand Prize will only be awarded if an eligible participant achieves a hitting streak greater than or equal to twenty (20), as determined by MLBAM.
In the event of a tie, tiebreakers will be used among the remaining tied participants in the following order:
1. Total number of hits during the streak of all the players the participant selected;
2. Total number of hits by the player the participant selected on the most recent Game Day of the streak, going back one Game Day at a time until the tie is broken;
3. Total bases during the streak of all the players the participant selected;
4. Total bases by the player the participant selected on the most recent Game Day of the streak, going back one Game Day at a time until the tie is broken; and
5. MLBAM will administer a timed baseball trivia quiz, testing the tied participants' knowledge of Major League Baseball, until the tie is broken.
Each potential winner will be notified by e-mail and/or telephone (in YES Network's discretion) and may (in YES Network's discretion) be confirmed by postal mail, return receipt (the "Prize Notification"
). In the event that any potential winner does not respond to any such Prize Notification within five (5) calendar days of date of issuance, a disqualification will result and prize will be forfeited and, at YES Network's sole discretion, awarded to the runner-up (if applicable). Each potential winner may be required to submit his/her valid social security number and/or other identification to YES Network and may be required to execute, have notarized and return an Affidavit of Eligibility (or, if a resident of Canada, a declaration) and Release of Liability and, unless prohibited by law, Publicity within five (5) calendar days of date of issuance. Failure to submit any identification required by YES Network or to return any required documents within the specified time period, noncompliance with these Official Rules or the return of any prize or Prize Notification as undeliverable may result in disqualification and prize will be forfeited and, at YES Network's sole discretion, awarded to the runner-up (if applicable).
Each participant agrees to allow MLBAM, YES Network and each of their respective designees to use their names and likenesses in any and all media or format(s) now or hereafter known for advertising and publicity purposes throughout the world in perpetuity, without any compensation, notification or permission, unless prohibited by law.
All applicable federal, state, provincial and local laws and regulations apply. YES Network's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The MLB Entities, Yankees Entertainment & Sports Network, LLC, d/b/a The YES Network and each of their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, agents, independent contractors, advertising and promotional agencies, and each of their respective officers, directors, agents and employees (collectively, the "Released Parties"
) are not responsible for lost, late, stolen, garbled, delayed, undelivered or misdirected entries, selections or registrations, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Major League Baseball game 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 Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster that may cause the cancellation or postponement of any Major League Baseball game. Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, selections or registrations, the tabulation of streaks, the cancellation of games or any errors appearing in any Contest related-materials, including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of the prize winners or the distribution of the prizes. YES Network and MLBAM reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
TThe Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof), including without limitations, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each participant agrees to indemnify, hold harmless and fully release the Released Parties and Facebook from any and all claims, demands, losses, promises, causes of action and liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any travel or any activity related to the receipt or use of any Prize (or any portion thereof).
Beat the Streak is a skill contest designed to increase consumer awareness of and interest in Major League Baseball and Yesnetwork.com, the Official Site of The YES Network. This Contest may not be used for, or in connection with, any form of gambling.
For winner information (available after December 1, 2013) or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: MLB.com Beat the Streak c/o Melissa Wester, MLB Advanced Media, L.P., 75 Ninth Avenue, New York, NY 10011. Specify "Rules" or "Winner List." Requests must be received by September 30, 2013. Residents of VT and Canada may omit return postage on rules requests.
If the Contest is not capable of running as planned for any reason including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLBAM and YES Network reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and, if terminated, to determine the winners, if any, from among all eligible, non-suspect hitting streaks achieved up to the point of termination.
The 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. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, YES NETWORK WILL DISQUALIFY ANY SUCH PARTICIPANT, AND MLBAM, YES NETWORK AND 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.
In the event of a dispute as to the identity of a participant, an entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. "Authorized Account Holder"
is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
As a condition of entering this Contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"
), shall be (1) 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 (2) 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.
All information submitted by participants in connection with this Contest is provided to MLBAM and not to Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
In the event that the Contest is challenged by any legal or regulatory authority, MLBAM and YES Network reserve the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participants who are disqualified due to such an action.
Yankees Entertainment & Sports Network, LLC, d/b/a The YES Network, 805 Third Avenue, New York NY, 10022.
© 2013 MLB Advanced Media, L.P.
Major League Baseball trademarks and copyrights and the Beat the Streak mark used herein are the property of MLB Advanced Media, L.P. All rights reserved.