#Natsfest Giveaway (the Giveaway) Official Rules
To participate in the Giveaway you must post an original photo that shows you at NatsFest 2014 (the Entry). You must post your Entry via a public Instagram account, a public tweet or public Facebook account (collectively, the Social Media Platform(s)) and include the hashtag#NatsFest (the Hashtag), in accordance with these Official Rules to be eligible. The first five hundred (500) participants to (1) visit the Official @nationals booth at 2014 NatsFest at the Gaylord Convention Center on 1/25/2014 beginning at 10am Eastern Time (ET) and ending on 1/24/2014 at 3 pm ET, and while supplies last; and (2) show the Nationals staff member(s) at the booth your Entry as posted on a Social Media Platform will receive one (1) pair of nationals.com earbuds (Prize). (Approximate Retail Value of each Prize: $2.00.) One (1) Prize per person. The designated computer of the Washington Nationals Baseball Club, LLC (Washington Nationals) will be the official clock of the Giveaway. All decisions by Washington Nationals regarding the Giveaway shall be final and binding in all respects.
The Giveaway 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 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) with a valid Instagram account, Twitter account or Facebook account, as applicable, 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 Washington Nationals, the other MLB Entities (as defined below) 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 Giveaway are not eligible to participate or win the Prize. The "MLB Entities" shall mean the Office of the Commissioner of Baseball (BOC), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (Clubs), MLB Advanced Media, L.P. (MLBAM or MLB.com), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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 Giveaway is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
All costs and expenses associated with Prize acceptance and use not specified in these Official Rules 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 winner. If a Giveaway Prize recipient is determined to be ineligible, Sponsor may, in its sole and absolute discretion, not give away the goods or ticket(s) or may give the goods or ticket(s) to the next eligible participant. Giveaway is subject to all applicable federal, state, territory, provincial, local and municipal laws, rules or regulations and these Official Rules.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any Prize. Participants who do not follow this rule or who otherwise participate in the Giveaway in an unsportsmanlike manner will be disqualified from the Giveaway. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties (defined below) from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a Prize is solely responsible for any and all applicable federal, state, territory, provincial, local and municipal taxes (including income and withholding taxes on any prize), regardless of whether the Prize, in whole or in part, is used.
By participating, you agree to (i) be bound by these Official Rules, and (ii) waive any and all claims against the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P. ("MLBAM"), 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 the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the foregoing entities (collectively, "Released Parties") for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Giveaway or from receipt or use of any Prize or any travel or activity related to the Giveaway or Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Prize winner, by acceptance of Prize, grants to MLBAM and Washington Nationals and each of its respective designees the right to publicize his/her name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or 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. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY PARTICIPATING IN THE GIVEAWAY, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, 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 FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
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