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ZonePlay “Pitching Game”

OFFICIAL RULES

www.ZonePlayGames.com

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The ZonePlay Pitching Game Contest (the “Contest”) begins at 12:01AM:00 p.m. EDT on October 23, 2019 (the “Contest Start Date”), and ends upon the earlier of a Contest winner or the end of the last Major League Baseball game played in the 2019 World Series, with the final game 7 scheduled for October 30, 2019 (the “Contest End Date”) (such period referred to herein as the “Contest Period”).  The Contest is sponsored by ZonePlay, Inc. (the “Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with, Major League Baseball, Facebook, Twitter or any other social media platform. 

1. HOW TO ENTER

Eligible contestants must register on www.zoneplaygames.com and create an account by submitting a valid email, username, and password prior to or during the Contest Period and accept the ZonePlay Terms of Service and Privacy Policy.  Please refer to the Terms of Service for eligibility requirements. Eligible contestants may enter the game only through the www.zoneplaygames.com lobby. In the event of any conflict between these Official Rules and Sponsor’s Terms of Service or Privacy Policy, these Official Rules shall control.

2. ELIGIBILITY

Limited to 1 entry per individual. Entries are limited to individuals only; commercial enterprises and business entities are not eligible.  By participating in the Contest, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor, and warrants that the participant is eligible to participate in the Contest. To be eligible, entries must be received during the Contest Period and by the Contest End Date and comply with these Official Rules. All submitted information must be accurate and complete, as determined by Sponsor in its sole discretion. Only 1 account per individual is permitted.  If the same individual sets up multiple accounts or otherwise establishes illegitimate accounts, individuals associated with such accounts, and the accounts, shall be automatically disqualified and shall not be eligible for the Contest. Sponsor reserves the right to terminate your participation in the Contest if it determines, in its sole discretion, that you have provided false or inaccurate information, that your participation does not comply with these Official Rules or have otherwise violated Sponsor’s Terms of Service. Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor.  All information provided by you to the Sponsor in connection with the Contest is subject to the Sponsor’s Privacy Policy. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, affiliated companies, subsidiaries, retailers, distributors and advertising and promotion agencies, its legal advisors, and its affiliates and each of their respective employees, shareholders, officers, directors, agents, members, successors and assigns, and any other entities directly associated with this Contest ,and such parties’ immediate family members and persons living in the same household are not eligible to participate in the Contest.  THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations

3. HOW TO PARTICIPATE:

The goal of the Contest is to correctly select three (3) zone locations where a “strike” (as further described below) will occur during an at bat for a 2019 World Series game. This includes the exact location of the 3rd strike, or “strike out” pitch, represented by your 3rd zone selection, with all selections to be made prior to each at bat and subject to the following rules and instructions:

4. PRIZE

There are two types of prizes that may be awarded: prizes for streaks, as described below, and a grand prize, described below. 

The Sponsor may, in its sole discretion, include additional prizes after these Official Rules have been posted; in which case Sponsor reserves the right to update these Official Rules to include descriptions of additional prizes.  Prizes may not be transferred or assigned except by Sponsor in its sole discretion. Only listed prizes may be awarded and no substitutions, cash equivalents or redemptions will be made, except that Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available.  Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize.  Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded.  Sponsor makes no representations or warranties concerning the appearance, safety or performance of any prize awarded.  Restrictions, conditions, and limitations apply. No other substitution or transfer of prizes permitted.  Winners of prizes totaling over $599.99 will be issued an IRS 1099 U.S. Tax Form “Miscellaneous Income” for the actual value of the prize, and are advised to seek independent counsel regarding the tax implications of the prize winnings. 

5. SELECTION OF WINNER:

Following the Contest Period, there will be a 30 day period (the “Assessment Period”) during which time Sponsor, and its insurers, will validate entries and corresponding data and determine whether participants have earned a streak prize and/or grand prize, and whether all conditions and rules have been met.  Each participant agrees that information submitted by the participant may be shared with Sponsor’s insurers of the Contest, and that prize awards are contingent upon the confirmation and approval of such insurers. In the event of a tie between two or more participants for any of the prizes offered, the applicable prize will be divided equally between such participants which properly claim, and are eligible for, the prize. The participants who have submitted entries meeting the prize conditions above and are eligible for prizes pursuant to these Official Rules will be notified via the email address they provided by the conclusion of the Assessment Period.  Such notification shall include instructions for proper acceptance of the prize and, where lawful, may also include the requirement for execution and return of an Affidavit of Eligibility, Release of Liability and Publicity Release.  The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential winner.  The potential winner may also be required to provide proof of identification.  In the event a potential winner does not accept the prize within fourteen (14) business days of notification, or if such potential winner is ineligible, fails return or provide any documentation or identification requested in accordance with these Official Rules, or the prize or prize notification is not deliverable, then that prize shall be deemed forfeited and void as to that participant, and shall not be available or awarded to any other participant unless such prize is to be divisible between multiple recipients.  Each prize recipient agrees to the Sponsor’s use of the winner’s name, address, likeness and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.  PLEASE NOTE THAT EVEN IF YOU MAY BE POTENTIAL WINNER AT THE CLOSE OF THIS CONTEST, . A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS AND THE TERMS OF THESE OFFICIAL RULES BEFORE A PARTICIPANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.

6. ADDITIONAL CONDITIONS

The Sponsor and its agents, directors, officers, shareholders, employees, insurers, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion and fulfillment agencies, insurers and legal advisors, and any social media companies where the Contest is mentioned, including but not limited to Facebook and Twitter (collectively, the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled or delayed computer or email transmissions; (d) any condition caused by events beyond the control of the applicable Released Entity; (e) any injuries, losses or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession or use of any prize, or any portion thereof that may have been awarded, or from participation in the Contest; (f) any printing or typographical errors in any materials associated with the Contest; (g) any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, effects of hackers, software, email, other game players, or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing, that may occur (including but not limited to any such problems which may result in the ability to access all or a portion of the ZonePlay website or to process any transaction(s) in connection with the Contest); or (h) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the game, the Contest, or the MLB, by any technical or human error which may occur in the processing of submissions, data entered by participants, or registration at ZonePlay website or the operation of the Contest.  Further, each participant in the Contest acknowledges and agrees that Sponsor and its officers, directors, employees, agents, successors and assigns are not responsible for, and shall not be liable for, and hereby disclaim all liability arising from or related to any acts or omissions of Contest insurers, including but not limited to refusal to honor claims made based on this Contest.The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest.  By participating in the Contest, participants agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or a participant’s right of publicity.  The Contest shall be governed by California law. 

7. RBITRATION AGREEMENT:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a)Agreement to Arbitrate.  This Section 7 is referred to in these Official Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and the  Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), the Contest, your participation in the Contest, the prizes, acceptance, possession use or misuse of the prizes, any advertising or any aspect of the relationship or transactions between you and the Sponsor, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against the Sponsor on your behalf.  You agree that, by participating in the Contest and entering into these Official Rules, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b)Prohibition of Class and Representative Actions and Non-Individualized ReliefYOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

(c)Pre-Arbitration Dispute Resolution.  The Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing support@ZonePlayGames.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to the Sponsor should be sent to ZonePlay, Inc., 1025 Powhattan Ave., San Francisco, CA  94110, Attn: Contest Legal Administrator (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.

(d)Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/Consumer.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Official Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e)Costs of Arbitration.  Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  Any payment of attorneys’ fees will be governed by the AAA Rules.

(f)Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g)Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 7(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of Section 7(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Official Rules will continue to apply.

8. WINNERS LIST:

To obtain the first name, last initial, city and state of the winner after the Assessment Period, send a separate self-addressed, stamped envelope marked “ZonePlay Contest Winners List” to the Sponsor.  Requests for the winners list must be received no later than ninety (90) days from the end of the Assessment Period.

9.SPONSOR:

ZonePlay, Inc.

1025 Powhattan Ave.

San Francisco, CA 94110

10.NOTICE:

The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.

Copyright © 2019 ZonePlay, Inc.  All rights reserved.  ZonePlay and the associated logos are trademarks of ZonePlay, Inc.  Any other trademarks in these Official Rules are the properties of their respective owners.

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