Cubs on the Move Fitness Challenge
No Purchase Necessary to participate. All disputes will be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format.
ELIGIBILITY AND OVERVIEW: The Cubs on the Move Challenge (hereafter “Competition”) is offered only to individuals who, at the time of entry, are (a) legal residents of the Chicago Metropolitan area which includes the following counties in Illinois, Indiana and Wisconsin: Cook, Dupage, Kendall, Kenosha, Lake, Lake Porter, McHenry, and Will, and (b) either (i) at least five (5) years of age and not older than thirteen (13) years of age, or (ii) school teachers of any grade kindergarten through grade eight (8). Employees, officers, directors, and advisors of The By Kids For Kids Company (“BKFK” or “Administrator”), Chicago Cubs Baseball Club, LLC (“Chicago Cubs”) and the Chicago Cubs Charities (“Charities” and together with Chicago Cubs, collectively referred to herein as “Sponsor”), the MLB Entities (defined below) and each of their respective parents, affiliated and subsidiary companies, and advertising and promotion agencies, Competition judges, web masters and web suppliers, and persons engaged in the development of the Competition & Competition materials and members of the immediate family (parents, siblings, children [natural, adopted, foster] and spouse, wherever they reside) and household members (whether or not related) of such employees, officers, directors, and advisors are not eligible. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., 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. By participating, you agree (and your parent/legal guardian agrees) to these Official Rules and all the decisions of Administrator, which are final and binding in all respects. The Competition is subject to all applicable federal, state, and local laws, rules and regulations. Void outside the counties listed above and where prohibited.
The object of the Competition is to submit essay entries telling why fitness is important and how you incorporate it into your daily life. Entries will be evaluated by a panel of qualified judges to determine ten (10) individuals ages 5 - 13 and one (1) classroom in grades kindergarten through eighth grade (as more specifically described below) Winners.
The object of the Competition is to submit ideas for how to promote fitness in your school incorporating the “Chicago Cubs Play Every Day” into the messaging. Entries will be evaluated by a panel of qualified judges to determine five (5) Winners in each of two (2) age levels: 5 – 8 and 9 – 13 along with two (2) classrooms in grades kindergarten through eighth grade (as more specifically described below) Winners.
COMPETITION PERIOD: Competition begins on 3/11/16, and ends on 4/4/16. All entries must be entered using the Official Entry Form online (beginning at 12:00 p.m. Central Time [“CT”] on 3/11/16, and ending at 11:59 p.m. CT on 4/4/16).
THE COMPETITION ENTRY: Individuals will complete the Entry Form online including a short essay (100 words or less) telling why fitness is important and how they incorporate it in their daily life. Entries that do not contain the required information will not be accepted. All entries must be in English. Classrooms will complete the Entry Form online including a one (1) week fitness tracking sheet and a classroom essay on why fitness is important to their class and school. Only individual or classroom entries will be accepted. The entrant or classroom listed on the entry form will be the only persons eligible to receive the Prize. Only one entry per person or per classroom allowed. All entries must be entered online by 4/4/16, at 11:59 p.m. (CT). Entrants must ensure, to the best of their knowledge, that their entry is original and does not include any images, or written word(s) owned by a third party. Entry must be in keeping with Sponsor’s and the other MLB Entities’ image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Once an entry is submitted, it is the entrant’s sole responsibility to maintain contact information for entrant and parent/legal guardian to be sure it is current. Neither Sponsor, the MLB Entities nor Administrator is responsible for any failure to contact entrant or entrant’s parent/legal guardian if the contact information is not current. To update contact information, send request to email@example.com, or by mail to: Cubs on the Move Challenge, c/o By Kids for Kids Co., 1177 High Ridge Rd., Stamford, CT 06905.
Entries once submitted become the property of Administrator and will neither be acknowledged nor returned.
ENTRY RESTRICTIONS: Entrants must not include any of the following content (the “Content Restrictions”) in any entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) 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; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the entry is created. Any entry that does not comply with the foregoing, in the sole discretion of Sponsor and Administrator, will be disqualified and eliminated from consideration.
JUDGING: Initial Judging: All eligible entries will be preliminarily judged in two (2) judging pools: 1.) entries submitted by individuals ages 5-13, and 2.) entries submitted by classrooms, by Administrator to determine the top twenty (20) individual entries and the top five (5) classroom entries (“Finalist Entries”) provided there are sufficient eligible entries, as determined by Administrator at its sole discretion. All decisions are final on all matters relating to the judging of the Competition. The Finalist Entries will be determined based on the following judging criteria (“Judging Criteria”): for individual entries: Creativity/originality of entry (40%); Effectiveness of communication (30%); and Positive message of the entry (30%); and for classroom entries: Creativity/originality of entry (51%), Effectiveness of communication of message (49%). In the event of a tie for any potential Finalist Entry, the score for Creativity/Originality will be used as the tiebreaker.
Finalist Judging: On or about April 15, 2016, the Finalist Entries will be re-judged based on the Judging Criteria by a team of qualified judges appointed by the Sponsor and Administrator to determine the top ten (10) individual entries and the top one (1) classroom entry (“Grand Prize Entries”). Subject to verification of eligibility and compliance with these Official Rules, the entrants who submitted the Grand Prize Entries will be declared the official Grand Prize winners of the Competition (”Grand Prize Winners” or “Winners”). In the event of a tie for the potential Grand Prize Entries, the score for Creativity/Originality will be used as the tiebreaker.
PRIZE AND APPROXIMATE RETAIL VALUE: The parent/legal guardian of ten (10) individual Winners (each a “Prize Recipient”) will each receive two (2) tickets for Prize Recipient and Winner for one (1) 2016 Chicago Cubs regular season home game scheduled to be played at Wrigley Field in Chicago, IL on May 1, 2016 (date subject to change by Sponsor), in a seating location to be determined by Sponsor at its sole discretion; and the opportunity for Winner to participate in a pre-game training on the field with the players (each, an “Individual Winner Prize” and collectively, the “Individual Winner Prizes”). (Approximate Retail Value (“ARV”) of each Individual Winner Prize: $250.) TRANSPORTATION TO/FROM WRIGLEY FIELD AND LODGING NOT INCLUDED IN ANY INDIVIDUAL PRIZE. Classroom: The teacher who is a Winner on behalf of his/her classroom (also referred to herein as a “Prize Recipient”) will receive two thousand five hundred dollars ($2500) for the school to improve fitness at the school; and up to fifty (50) tickets for Prize Recipient, member(s) of his/her class and chaperones for the Chicago Cubs home game scheduled to be played at Wrigley Field in Chicago, IL on April 28, 2016, at 1:20pm (date subject to change) (“Classroom Prize” and together with the Individual Winner Prizes, the “Prizes”). (ARV of Classroom Prize: $5000.) TRANSPORTATION TO/FROM WRIGLEY FIELD AND LODGING NOT INCLUDED IN CLASSROOM PRIZE.
PRIZE RESTRICTIONS AND CONDITIONS: All prizing will be awarded provided a sufficient number of eligible entries are received. Winners will be notified by email. All Prize details, including, without limitation, the exact nature and duration of the pre-game on-field training, shall be determined in the sole and absolute discretion of Sponsor. Prizes are not transferable; no substitutions or cash equivalents are allowed except by the Sponsor who reserves the right to award a prize of equal or greater value if advertised Prize is unavailable. TRANSPORTATION TO/FROM WRIGLEY FIELD AND LODGING NOT INCLUDED. Exact game date and seat locations at the game shall be determined in the sole discretion of Sponsor. Each Winner must be accompanied by a parent or legal guardian and each Prize Recipient’s guest(s) 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 the 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 Prize Recipient 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 Prize Recipient 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 (as defined below) 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 or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).
GENERAL RULES: By participating, entrants and their parents/legal guardians agree to the Official Rules and the decisions of the Judges and Sponsor, which shall be final and binding in all respects. Winner will be notified email. Entry materials become the sole property of the Administrator and will not be acknowledged or returned. Winner (and his/her parent/legal guardian) acknowledges and agrees that his/her entry materials may be reproduced, promoted and publicized by Sponsor and/or the applicable MLB Entities in any way Sponsor and/or the applicable MLB Entities see fit. Winner and his/her parent/legal guardian hereby grant Sponsor, the other MLB Entities, Administrator, and each of their respective parent, affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to distribute, have distributed, publicly and privately display, communicate, transmit, have transmitted, and promote the entry materials (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes. Acceptance of any prize constitutes permission of the Winner (and his or her parent/legal guardian) to use Winner’s name, likeness, hometown, and Winner’s photograph, voice, video statements and entry submissions or a brief description of Winner’s entry submissions, without further compensation, except where prohibited by law in all media, now known or hereafter discovered, worldwide in any media, including, without limitation, on the World Wide Web and Internet, at any time (or times), for advertising, trade, commercial and promotional purposes, without notice, review or approval. Winner and his/her parent/legal guardian will be required to execute and return an Affidavit of Eligibility, and a Liability and, unless prohibited by law, Publicity Release within seven (7) days of notification attempt or the Prize will be forfeited and an alternate Winner selected, based on the Judging Criteria set forth above. Nothing herein will obligate the MLB Entities or Administrator to make any use of any of the rights set forth herein. Affidavit packages will be mailed via overnight mail with a prepaid overnight return envelope included. Return of any Prize, prize notification as undeliverable may result in disqualification and selection of an alternate potential Grand Prize winner. Taxes, if any, related to the Prize are the sole responsibility of each individual Prize Recipient. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of the Prize. The Sponsor, the other MLB Entities, and Administrator are not responsible for deliveries or any failure to deliver by any courier or postal service, technical, hardware, software or telephone or facsimile malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Competition or by any human error which may occur in the processing of the entries in this Competition. No responsibility is assumed for lost, misdirected, illegible, damaged, postage due or late mailed entries. The Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers or attempts to tamper with the entry process; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Chicago Cubs Charities, Chicago Cubs, the other MLB Entities and each of their respective parent, affiliates, officers, directors, agents, and employees, and Administrator (collectively, the “Released Parties”), and Facebook shall have no liability or responsibility for any claim arising in connection with participation in this Competition or the Prize awarded. Each Prize Recipient assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Competition or use or redemption of the Prize. Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Competition, each entrant 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/or 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 Competition, Competition-related activity, entrant’s entry, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any travel or activity related thereto. If the Competition is not capable of running as planned for any reason including, without limitation, as a result of 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 Competition, Administrator reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Competition, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the winner, if any, from among all eligible, non-suspect entries submitted up to the point of termination. All entry data provided online is provided to Administrator and not to Facebook. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
GOVERNING LAW & VENUE: As a condition of entering this Competition, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Competition, 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.
WINNER NAME: The names of the Winners will be posted on the Competition Page at cubsonthemovechallenge.com no later than May 31, 2016.
SPONSOR: The Sponsors of the Competition is Chicago Cubs Baseball Club, LLC, Wrigley Field, 1060 W. Addison Street, Chicago, IL 60613, and Chicago Cubs Charities, 1060 W. Addison Street, Chicago, IL 60613.
ADMINISTRATOR: The Administrator of the Competition is By Kids For Kids Company, 1177 High Ridge Road, Stamford, CT 06905.
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