OFFICIAL RULES FOR CAL RIPKEN’S REAL BASEBALL PAID EVENTS
THIS PROMOTION IS INTENDED ONLY FOR UNITED STATES RESIDENTS WHO ARE 18 YEARS OR OLDER AND ARE OTHERWISE LEGALLY PERMITTED TO PARTICIPATE IN THIS PROMOTION UNDER APPLICABLE LAW IN ACCORDANCE WITH THE FOLLOWING OFFICIAL RULES. THE FOLLOWING OFFICIAL RULES SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND APPLICABLE TO STATE AND LOCAL LAWS. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR ARE NOT OTHERWISE LEGALLY PERMITTED TO PARTICIPATE IN THIS PROMOTION. THIS PROMOTION IS VOID WHERE PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THE FOLLOWING OFFICIAL RULES, PROMOTER SHALL, IN ITS SOLE DISCRETION, DETERMINE WHICH, IF ANY, PRIZES IT MAY AWARD AND TO WHOM SUCH PRIZES WILL BE AWARDED. IN ORDER TO RECEIVE A PRIZE, YOU MUST PROVIDE A MAILING ADDRESS WITHIN THE UNITED STATES.
GENERAL: The Cal Ripken’s Real Baseball paid events, including fee-based leagues and tournaments and other events including (the “Event”, the “ Promotion ” or the “ Tournament ”) are promoted by Netamin Communications Corporation(Netamin.com), 20955 Pathfinder Road, Suite 120, Diamond Bar, California 91765 (the " Promoter "). These are the official rules (the “ Official Rules ”) for the Promotion. The Promotion applies only to members of Real Baseball that are registered through Promoter's website at https://www.playrealbaseball.com and not through any other website or other means (except as Promoter may otherwise specifically stated in writing).
ELIGIBILITY: The Promotion is open only to persons who (i) are eighteen (18) years or older as of the date of entry; (ii) are otherwise legally permitted to participate in the Promotion under applicable law in accordance with these Official Rules, (iii) are registered members of Real Baseball or subsequent editions offered exclusively by Promoter, and (iv) meet any additional qualifications that may be listed for such qualifying events on the Promoter's website at http://www.playrealbaseball.com (an “ Entrant ”). The Promotion is void where prohibited by applicable law. Residents of some states may be permitted to enter and participate in the paid event/s, but may not be eligible to win any cash prizes and/or merchandise due to restrictions under state law and may be required to return any prize received if he or she does not pay all applicable taxes or if receipt of such prize is otherwise in violation of applicable law. Registration for the paid events is contingent on having a valid REAL BASEBALL account further described below, and upon the successful completion of the billing process described in Paragraph 9(b) below. A valid Real Baseball account is described as a subscribed player with the Promoter's Real Baseball database at the time of the Promotion. Employees or agents of the Promoter and their respective parent companies, affiliates, subsidiaries, advertising/promotional agencies, and any entity directly connected with the development, implementation or marketing of this Promotion, and the members of their immediate families (spouse, parents, siblings and children) or those persons living in the same household, whether related or not, of such individuals are not eligible to win prizes.
TIMING: Official date for payment to be submitted begins the 26th, of June 2008. Official entry to the Pay to Play Home Run Derby begins the 30th of June at 12:00 AM. The last day to enter the Tournament will be July 13th at 10:59 PM. All events will begin at the time designated on the www.playrealbaseball.com website under the “Events Calendar” link. For purposes of these Official Rules, all times are Pacific Time (“PT”).
SPONSOR. This Promotion is to be co-sponsored by Netamin Communication Corporation(Netamin.com), developer for Cal Ripken’s Real Baseball ("Real Baseball" or the "Sponsor") and MMOABC.com, a Web 2.0 platform, as a subsidiary to New Gen Media, INC.
ACCEPTANCE OF OFFICIAL RULES. Participation constitutes Entrant's full and unconditional agreement to these Official Rules, asserts qualification for any event skill level requirements, and to Sponsor's decisions. By becoming an Entrant, Entrant represents and warrants to Promoter that Entrant is at least 18 years of age and is otherwise legally permitted to participate in the Promotion in accordance with these Official Rules. The decisions of the Sponsor in regards to all matters of this Promotion are final and binding. Winning a prize is contingent upon prize offerings from the Sponsor and/or any third party partners and fulfilling all requirements set forth herein.
PAID EVENT REGISTRATION: To participate in the Promotion, you must be a registered member of Real Baseball and meet the qualifications listed herein and, if additional qualifications exist, on the paid event Description on https://www.playrealbaseball.com .
BECOME A MEMBER: You may register by clicking on the applicable link on the REAL BASEBALL home page at https://www.playrealbaseball.com and clicking on “ Download REAL BASEBALL ” and following the instructions. You will be directed to download and install the realbaseballclient.exe file onto your desktop. Once you load the REAL BASEBALL client for the first time, you will have to enter a valid email address and your own personal password. Your acceptance of the End User License Agreement (EULA) and submitting your email address and personal password authorizes the Sponsor to contact you via email for educational and/or promotional purposes. You do not need to consent to receive these emails or offers in order to become a member. Even if you consent, you may subsequently opt-out of receiving such emails or offers by clicking the applicable Customer Support Link on the REAL BASEBALL website or by sending an email request directly to support@playrealbaseball.com with the words “No More Offers” typed in the Subject line. Additional information may be required for event prize winners. To update personal information, click on “My Real Baseball” and update any required fields in the “Personal Profile” section. Responsibility to maintain the most up to date contact information is placed on the Member. The Sponsor assumes no responsibility for any inaccurate, false, or otherwise incorrect information that may be displayed on a Member's personal profile.
CURRENT MEMBERS: If you are already a member of Real Baseball, then you do not need to register again. You may participate in the Promotion by logging in on the Real Baseball game client with your registered email and password. a. Survey Questions or Promotional Email. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to participate in the Promotion. b. Password. You are responsible for the secrecy of your password. Promoter, its partners, or other third parties are not responsible or liable for any actions taken using your password.
HOW TO ENTER:
Enter Online. If you do not have the Real BASEBALL Game Client Software (the “ Software ”), go to the REAL BASEBALL homepage during the Promotion, click on “Download REAL BASEBALL” to download and install the Software on your computer. Before the download process begins, you will be required to register a game account with the Promoter by submitting an accurate and unique email address and personalized password, and agree to certain terms and conditions set forth in a license agreement applicable to your use of the Software. If you already have Real Baseball, login to the PlayRealBaseball site and go to the Event Calendar Page at https://www.playrealbaseball.com. Once in the Event Calendar Page, click on Leagues or Tournaments/Pay-To-Play. Players must successfully complete the billing process prior to pay-to-play registration.
Entry Fees. Promotion participation requires an entry fee in advance and non-refundable. All information on available events and their specific entry fees are accessible on the Real Baseball website under the specific paid event, either Leagues or Pay-to-Play Tournaments. You may currently pay for the entry-fee only by Credit Card, although the Sponsor hopes to eventually allow payment by PayPal as well. The Promotion is void where prohibited by applicable law. If you reside in a state subject to sales tax, Netamin.com may also charge you for any such taxes. By submitting payment, you understand and agree that all payments to Netamin.com hereunder will be nonrefundable, even if you decide to terminate your access to and use of pay-to-play services in the middle of event play. Netamin reserves the right to charge additional finance fees and/or administrative fees incurred in the event of rejection of any credit card charges or cancellation of the Player's credit card. When you provide credit card information to Netamin, you represent to Netamin that you are the authorized user of the credit card that is used to pay entry fees. Residents of some states may be permitted to enter and participate in the paid event, but may not be eligible to win any cash prizes and/or merchandise due to restrictions under state law and may be required to return any prize received if he or she does not pay all applicable taxes or if receipt of such prize is otherwise in violation of applicable law.
Limit – For each event, there is only allowed ONE (1) ENTRY PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES, REAL BASEBALL PLAYER CHARACTERS, OR REGISTERED REAL BASEBALL MEMBER ACCOUNTS).
Void. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) or submission of multiple entries is prohibited. Any attempt by any Entrant to use an automated system or to obtain more than one (1) entry by using multiple/different email addresses, identities or any other methods, will void all of that Entrant's entries, and render that person ineligible to receive any of the prizes. Furthermore, any player deemed by the Promoter to be colluding with any additional players or with multiple accounts under their direction, all Promotion data and eligibility will be void. Additional disciplinary measures may be taken including, without limitation, permanently banning the user from use of the Software. Entry materials/data that have been tampered with or altered are void.
Change of Email Address. Accurate and up to date information regarding email addresses must be submitted for qualification to this Tournament. It is the sole responsibility of the Entrant to notify the Sponsor during the Promotion if his/her email address changes. To do so, click on the Personal Profile link (http://www.playrealbaseball.com), then update the Account Information, re-confirm the existing password, and click the “Submit” button.
Errors.
Neither Cal Ripken’s Real Baseball nor Sponsor is responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected games, which will be disqualified.
Neither Cal Ripken’s Real Baseball nor Sponsor is responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, including without limitation (1) unavailability of or interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) bugs or defects in or other failures of any operations or communications, whether telephone, satellite, hardware, software (including, without limitation, the Software) or other equipment or firmware, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Neither Cal Ripken’s Real Baseball nor Sponsor will make any refund to a player of any entry-fees or other event fees, once paid, as a result of any of the above occurrences, even if such occurrence impacts the outcome of the game and/or individual player performance.
No Return of Entries; Disputes. Once submitted, entries become the sole property of the Promoter and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant. Potential winners may be required to show proof of identification. Promoter may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the winning entry and is legally permitted to participate in the Promotion.
HOW TO PLAY: See the Game's HOW TO PLAY page or HOW TO REGISTER for a full description of the Promotion. Basic instructions include creating a character on the Game client, playing in pick up games to gain experience points for your character development, joining teams on the Game site, and competing in scheduled event games.
GENERAL RULES APPLICATION TO ALL PAID EVENTS:
Character Submittal: A character submitted and committed to one team, may not change teams at any time during the Event. Characters are restricted from joining multiple teams involved in the same Event. Players may not use multiple characters simultaneously for the same Event. Upon accepting event invitations, players may not alter, change or remove their submission to an event team from the website.
Team Submittal: Once the list of team members is registered on the official roster, the roster cannot be changed. Only characters on the official team member lists can play in the Event. Team rosters are first submitted by a team manager (any player who wishes to assume the role for sole purpose of participating in the event) complete with team name and roster in accordance with the team size requirements listed on the Individual Event (league or pay-to-Play Tournament) information page of the Real Baseball website.
Game Time Rosters: Team members must be present in the appropriate game Dugout at the described time to participate. Team managers are responsible for the batting order and line-up for each game. Sponsor may or may not notify the game members of their respective game start times through in-game announcements or through the utimatebaseballonline.com website communication function (eNote).
Too Few Players: A team fielding fewer than the described minimum players' requirement at any time during a game, unless otherwise notified, will automatically forfeit the Game with the Game declaring a winner. To find the minimum player requirement, visit the Event Description under the Individual Event Information Page on the playrealbaseball.com website. Additionally, the Event Commissioner or GM may disqualify a team from further participation in the Event if the team is deemed to be fielding too few players or missing too many games.
Event Timelines: All Event games will begin at the time designated in the Event Description, which may be found on playrealbaseball.com – Individual League or Pay-To-Play Tournament Information Page.
Event Game Start: Games will start automatically at the time indicated in the Event Description. Players are advised to show up 15 minutes in advance for Event games. Notifications may or may not be made in the Event Clubhouse of the Game client 5 minutes, 1 minute, 30 seconds, and 10 seconds before the Game will automatically begin.
Official Games: All games will be played until the game concludes according to regular rules of play (or as set forth herein).
Server Interruption: If during game play any server issues or interruptions stop the flow of the game, an Official Game will be decided at the sole discretion of the Event Commissioner if:
Inning Length Requirements: The length of the game has generated a winner after the fourth (4th) inning in a scheduled six (6) inning game, or after the fifth (5th) inning of a scheduled nine (9) inning game.
Extra inning Tie: if a tie persists after three innings of game play past the scheduled game length, teams will be escorted to a privately-held game to be used as a continuation of the originally tied game. Team managers will be asked to submit their agreement to the game outcome and conflicts will be handled by a representative from the Sponsor.
Game Conflict: In the event that a conflict occurs, the Game Master (“GM”) assigned to the game must be notified via text chat and all play will continue until the GM calls a time out. Play shall resume once the GM calls "Play Ball" or any other instruction to continue. Any play during a time out is invalid and may result in a reprimand up to and including a declaration to end the game.
Run Scoring Conflict: The GM assigned to the game is the final decision maker for any run-scoring conflict between team managers.
Statistics: All game statistics will be recorded per normal REAL BASEBALL statistical data recording. Players are subject to any changes, announced or not, that the Promoter may implement. Upon approval from the Commissioner, the REAL BASEBALL System record will become the official record of the Game. Individual statistics can be found on character pages after logging in to the www.playrealbaseball.com website or by going to the Event Description and clicking on the Rankings, Standings or Leaders links.
Official Rulings: All games are subject to in-game computer rulings. The responsibility of any on-the-field game play issues is the sole responsibility of the player. Participation in the event implies agreement with all on-the-field rulings and Artificial Intelligence (AI) actions during the Game. Any conflicts arising from bug exploitation and/or human error must be submitted to the Event GM for further mediation.
Time-Outs: Time out requests must be made to the opposing team manager and/or pitcher. At any time, if a team/player is deemed to be intentionally delaying a game, the team manager should contact the game GM for assistance. An intentional delay of the game may result in an immediate end of the game at the GM's discretion. In the event of a time out, all activities on the field must cease. Violators risk being ejected from the game and/or Event.
Game Continuation: In the event that any game has to be re-started or continued, a GM or Commissioner will announce the game is to be ended and it will be rescheduled to continue at a later date/time. Most event game continuations will happen immediately following a game interruption. Event managers will submit to the Event Commissioner the score and point during the game when the interruption occurred. The Commissioner will then restart a game in the open game room so that the game may resume according to the event managers' agreement. When the game is rescheduled without meeting minimum game length requirements, the game will restart as a new game, unless otherwise notified by the Commissioner.
End of Game: In the event that the Commissioner must announce the end of a game, the team with the most runs will win the game at that point.
Game Results: Results will be published on the official REAL BASEBALL website at: www.playrealbaseball.com.
Record Keeping: In the event that the outcome of any part of any game is in conflict between managers, the Promoter reserves the right to use the database recordings to determine the game outcome. In the event of an appeal or dispute by a player, the Game Master or Commissioner will review the play in question and make an official and final ruling, which may or may not override the original decision based on the database.
Cheating: At any time, the Commissioner and Event GM's reserve the right to suspend or even ban any player(s) suspected of performing at a level far exceeding the game design and experience level of the character being used. The team with a player banned will automatically forfeit the game in which the character was deemed to be outside acceptable character performance boundaries. Additionally, players found colluding (defined as cooperating with other players to create un-fair opportunity or utilizing multiple accounts during the same Event) during Event game play will be denied prize winnings and face disciplinary action up to and including permanent banning from use of game Software. All games played by a colluding player will be forfeited in Event play.
Wrongful Game Play: During the game, no team may use the game as practice, no player may quit without reason, and no player on defense may obstruct a batter or runner. The Commissioner or GM may at his/her own discretion impose any penalty, up to and including banning from all REAL BASEBALL options, for this or any other misconduct during the game as defined within the REAL BASEBALL Code of Conduct.
Abuse: No act of provocation or ill-mannered conduct will be tolerated prior to, during, or after game play and is grounds for immediate disqualification from a match or from the event at the discretion of the Commissioner.
REAL BASEBALL Bug Exploitation: Any team deemed by the Commissioner to be deliberately exploiting known bugs (known software issues by the Promoter) will, at the sole discretion of the Commissioner, suffer a penalty up to and including expulsion from the event.
Changes: The Promoter may change the method and schedule of any Event as well as the details of the Event rules with or without notice. The most updated information will be available on the “Event Pages” of the official REAL BASEBALL website.
PRIZES: Notwithstanding anything to the contrary set forth in these Official Rules, Promoter shall, in its sole discretion, determine which, if any, prizes it may award and to whom such prizes will be awarded. In order to receive a prize, you must provide a mailing address within the United States. Netamin Communication Corporation (“Netamin”) and the Sponsor reserve all rights to offer prizes, monetary or otherwise, for any and all events. Decisions to offer event prizes, monetary or otherwise, are entirely optional and conditioned upon written Netamin and Sponsor agreement. Furthermore, any combination of prize awarding may or may not be utilized by Netamin and the Sponsor.
Pay-to-Play Prizes: All participating members of the placed teams will receive a prize or prizes selected solely by Netamin and/or the Sponsor. Each member will verify his/her address and contact information to Netamin upon official announcement of the Event completion. The approximate retail value (“ARV”) of all the prizes and allocation of prizes to teams and individual players on a team will be made available with the announcement of each event under the Event page.
Other Prizes: Other prizes may be awarded at the sole discretion of Netamin and the Sponsor. Netamin will verify the address and contact information of each member upon official announcement of event completion. The approximate aggregate value of “Other Prizes” will be made available with the announcement of each pending event.
Odds and value of winning prizes depend on the total number of participants that play in the Promotion and each Entrant's level of REAL BASEBALL gaming skill versus the level of gaming skill of all Entrants.
Substitution; Taxes. No cash or other prize substitution, assignment or transfer of prizes permitted, except at Netamin's sole discretion due to prize unavailability. Netamin reserves the right to substitute a prize with one of comparable value or greater value (e.g., Netamin may opt instead to award the cash equivalent, up to but not greater than the ARV of any prize in lieu of the prize itself). THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY APPLICABLE INTERNET SALES AND/OR USE TAX IMPOSED BY ANY STATE, COUNTY, COMMONWEALTH, PROVINCE OR OTHER JURISDICTION OR TERRITORY) AND IS SOLELY RESPONSIBLE FOR PAYING SUCH TAXES IN A TIMELY MANNER IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS.
No Warranty. Entrants acknowledge that Netamin and its respective agencies or related companies have not made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality. The only warranty for any prize is the standard limited written warranty from the individual manufacturer of each prize, if any, which may be included with, and applicable to, the prize. We are not responsible for lost, stolen, or damaged prizes and do not guarantee shipping.
POTENTIAL WINNERS:
Verification. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY NETAMIN AND/OR SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. ANY PLAYER ATTEMPTING A FRAUDULENT REGISTRATION, WILL BE DISQUALIFIED FROM PLAY, DENIED PRIZE-WINNINGS, AND IF WARRANTED, REPORTED TO THE AUTHORITIES. THE PROMOTION IS VOID WHERE PROHIBITED BY APPLICABLE LAW. RESIDENTS OF SOME STATES MAY BE PERMITTED TO ENTER AND PARTICIPATE IN THE PAID EVENT, BUT MAY NOT BE ELIGIBLE TO WIN ANY CASH PRIZES AND/OR MERCHANIDSE DUE TO RESTRICTIONS UNDER STATE LAW AND MAY BE REQUIRED TO RETURN ANY PRIZE RECEIVED IF HE OR SHE DOES NOT PAY ALL APPLICABLE TAXES OR IF RECEIPT OF SUCH PRIZE IS OTHERWISE IN VIOLATION OF APPLICABLE LAW.
Required Information. At registration, you are required to submit an email address and password. To participate in paid events, you are required to submit the following information: full name, permanent residential address, phone number and credit card information. In addition, if your total winnings in any given year reach $600, Netamin will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will prohibit Netamin from awarding you any winnings in excess of $600.
"Prize Notice" via Email. Winners will be notified via email sent within thirty (30) days following the winner determination date. Entrants are responsible for insuring that all mailing and email information is up-to-date and accurate. A potential winner who is awarded a prize must provide a mailing address within the United States in order to receive the prize. Failure to do so will disqualify the potential winner and the prize may be awarded to an alternate potential prize winner.
Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner will be selected (i.e., the person/team with the next most points) if (i) he/she does not comply with these Official Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Netamin notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Netamin shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these Official Rules or donate the prize to another entity or determine not to award the prize, at its sole discretion).
Taxes. You are subject to all laws of the city, municipality, county, state, commonwealth, jurisdiction, territory, province and/or country in which you reside and from which you access the Promotion and are solely responsible for obeying those laws. You agree that Netamin cannot be held liable if laws applicable to you restrict or prohibit your participation or your receipt of any prize. It is the policy of Netamin, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) from fee-based events in any given year. Furthermore, you remain solely responsible for paying all federal, local and other taxes in accordance with the laws that apply in your city, municipality, county, state, commonwealth, jurisdiction, territory, province, and/or country of residence.
Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited by applicable law, a Publicity Release, within fifteen (15) days of the date stated on the prize notice.
Full Assumption of Risk of Loss and Indemnification. Players who choose to enter paid events do so at their own discretion and risk. As any fee-based game, there is the risk of the loss of money. Players fully understand that he/she can elect instead to participate in free events that are also available for Cal Ripken’s Real Baseball. By participating in this Promotion, Entrants (and in particular, winners and prize recipients) agree to release and to indemnify and hold harmless Netamin, Promoter, Sponsor, and each of their respective related companies, and all of its or their company's officers, directors, employees and agents (collectively, the "Released Parties") for (i) any liability, injury, death, loss or damages of any kind whatsoever to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize) and (ii) for any failure to pay any taxes associated with the receipt or use of any prize (including, without limitation, any applicable Internet sales and/or use tax imposed by any state, county, commonwealth, province or other jurisdiction or territory) in a timely manner and in accordance with applicable federal, state and local laws, rules and regulations.
Publicity. Except where prohibited by applicable law, participation in this Promotion constitutes winner's consent to Netamin's and Promoter's and its or their agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
CONDITIONS OF PARTICIPATION:
Conduct. Promoter reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion at any time and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Promoter may lock out an Entrant who, in Promoter's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Incidents. Without limiting the foregoing, Promoter may modify, cancel, terminate, and/or suspend the Promotion if, in the Promoter's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
Cancellation. In the event of a cancellation or termination the Entrant/s who have accumulated the best record (and who wins any pending tiebreakers) at the time of any said action will be awarded the prizes, or the prizes will be awarded in such other manner deemed fair and appropriate by Netamin Communication Corporation.
GAMBLING PROHIBITION: This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
LIMITATIONS OF LIABILITY: Promoter and its officers, directors, employees, shareholders, successors, assigns, agents and representatives are not responsible or liable for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Promotion; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion, access to, copying or downloading materials from playrealbaseball.com or any other website, or receipt or use of any prize.
DISPUTES/CHOICE OF LAW: Except to the extent prohibited by applicable law, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Orange County, State of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys' fees or costs be awarded to any Entrant; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, " Special Damages "), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California's choice of law rules, governs the Promotion and all aspects related thereto.
PRIVACY: Personally identifiable information that is submitted by Entrants as part of this Promotion will be used to administer the Promotion, select prize winners and fulfill prizes, and will be treated in accordance with Netamin's privacy policy accessible on its website at www.playrealbaseball.com.
OFFICIAL RULES; WINNERS' LIST. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope to the address below. Requests must be received within 30 days following the end of the Promotion.
ADDRESS OF PROMOTER:
Cal Ripken’s Real Baseball Events
c/o Netamin Communication Corporation(Netamin.com)
20955 Pathfinder Road Suite 120
Diamond Bar, California 91765.
MMOABC.COM
655 North Central Ave., 17th Floor,
Glendale, CA 91203