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Baby Ruth Ultimate 7th Inning Stretch Competition - Rules
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Ultimate 7th Inning Stretch Competition
 
Baby Ruth Ultimate 7th Inning Stretch Competition Official Rules
 

1. To enter. You must be a legal resident of the 50 United States or Washington, D.C., and be at least 8 years of age on or before July 7, 2008. Entrants under 18 years of age on July 7, 2008, must have written permission of a parent or guardian (in the case of legal residents of certain states or Washington, D.C., where the age of majority is greater than 18 years of age, all entrants under such age of majority must have written permission of a parent or guardian). To enter, all participants must register at www.cubs.com and complete the entire entry form including essay. Completed entries must be received between 12 p.m. Central Time on June 23, 2008, and 5 p.m. Central time on July 7, 2008 (the "Registration Period"). Important note: if you are between the ages of 8 and 12, your parent or legal guardian must enter the Contest on your behalf by following the instructions on the online entry form. Limit one entry per person. Entrants must use their real name. Contest is not open to employees, officers, directors or contractors of Chicago National League Ball Club, LLC ("Cubs"), the other Cubs Parties (as defined below), Tribune Company, Nestle USA, Inc., or any of their respective parents, sponsors, subsidiaries or affiliated companies, or to the immediate family of any such employee, officer, director or contractor, or to any employee, officer, director, contractor or immediate family member of any affiliated company, licensees, advertising or promotional agencies of Cubs, the other Cubs Parties, Nestle USA, Inc., or any of their respective sponsors.

2. Contest details. Contest begins June 23, 2008, and ends September 1, 2008. Entrants who have submitted entries which comply with these official rules will be contacted via email after completion of the Registration Period and notified what time they need to appear at Wrigley Field on July 18, 2008, to audition. All such entrants must come to Wrigley Field on July 18, 2008 at the time determined by Cubs and sing "Take Me Out to the Ballgame" as an audition. No instruments will be allowed, except for handheld instruments. No props or display materials are allowed, except handheld props. No duets, trios or other group entries. All auditions and participants may be recorded. A panel of Cubs staff members will judge the performance and the essays submitted during the Registration Period, based on the criteria in Section 3 below. Cubs will then select as semi-finalists up to 50 persons from among those who audition. The semi-finalists will be announced on or about July 28, 2008, via press release and on cubs.com. Semi-finalists will then be posted on www.cubs.com in groups of five to allow voting and comment from the general public. Ten finalists will be chosen by Cubs on or about August 8, 2008, and invited to return to Wrigley Field on August 14, 2008, to sing "Take Me Out to the Ballgame" in front of a panel of judges selected by Cubs. Finalists will be videotaped and videos will be posted on www.cubs.com to allow voting and comment from the general public. Attendance is required. All finalists will then appear live at a pre-game ceremony on September 1, 2008, where the winner will be announced and invited to sing "Take Me Out to the Ballgame" during the 7th inning stretch.

3. How to win. Likelihood of winning depends on number of eligible entries received and on the strength and quality of the entry. The winner will be the individual who complies with these Official Rules and, in the opinion of Cubs, displays the best combination of creativity, talent, singing ability, loyalty to the Cubs, passion for the team and for "Take Me Out to the Ballgame," leadership skill and who embodies the spirit of being a Cubs fan. Semi-finalists will be chosen based on these criteria and on the quality of the essay submitted with their application. Public voting on semi-finalists and finalists will be conducted online. Note: Voting is one of many factors which may be considered in determining finalists and selecting winners. Ultimate decision on selection of finalists and winner will be by Cubs according to these rules. Entrants agree Cubs has the sole right to decide all matters and disputes arising from this Contest and Cubs' decision is final and binding.

4. Participant conduct. Participants understand and agree to abide by the highest level of standards, conduct and decorum. No profanity is allowed. Participants may not accept or agree to accept, directly or indirectly, any money, service or other valuable consideration for participation in the Contest or sing of "Take Me Out to the Ballgame" during the 7th inning stretch. Participants may not use their participation or appearance as an endorsement, express or implied, for any goods, services or entity. The entry is not transferable. With regard to entries, copies or other mechanical reproductions, facsimiles, entries containing technical or electronic reproductions, e-mail entries containing attached files and entries which do not comply with these rules are not eligible and will be rejected. Entries, including without limitation, registration information, all video and any recordings of all participants and all copyright in any recording(s) of participation in the Contest, the 7th inning stretch or at Wrigley Field, are the property of Cubs and/or MLBAM (as defined in Paragraph 7), as applicable and will not be returned.

5. Responsibilities of finalists and the winner. One winner will receive the opportunity to sing "Take Me Out to the Ballgame" during the 7th inning stretch at Wrigley Field on September 1, 2008. All participants, including without limitation the finalists and the winner, are responsible for their airfare, hotel, ground transportation, meals, incidental expenses and other costs to participate in the Contest and comply with these Official Rules. Participants must pay their own transportation and/or other expenses to and from Wrigley Field. Entries are non-transferable, non-negotiable and not redeemable for cash, credit or merchandise. If game is cancelled or there is no 7th inning stretch, Cubs may reschedule the date of the finalists in Cubs discretion or Cubs may cancel the Contest. Prize will not be awarded in this case. The Cubs Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation of Major League Baseball games, events or exhibitions. Finalists agree to a reasonable background check conducted by Cubs and to provide such information as may be requested by Cubs to facilitate this background check.

6. Release. Participants agree to grant the Cubs Parties and their respective designees the right to Use the Material in perpetuity (i.e., forever) throughout the universe in all Media without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law. Participants agree the Cubs Parties are not obligated to include any participant in any telecast or to Use the Material. Participants agree to release, indemnify and hold harmless Cubs, the other Cubs Parties, Nestle USA, Inc. and each of their respective parent companies and affiliates and each of their employees, officers, directors, representatives, contractors, sponsors and advertisers, from any and all liability, loss, damage, costs or claims related to any allegation regarding this Contest and their participation in the Contest or Use of the Material by any Cubs Party. Participants further agree to release and indemnify Cubs, Nestle USA, Inc. and the other Cubs Parties, and anyone acting under their authority, from all past, present and future claims or allegations of any nature whatsoever, whether known or unknown, related to my participation in the Contest and/or to any promotion or publicity about the Contest, the 7th inning stretch or the participant. This includes without limitation any claims for personal injury, loss or property damage. Participants release and agree to hold harmless the Cubs Parties from and against any and all claims and causes of action which they may have now, or which they may have at any time in the future, including without limitation claims for invasion of privacy, personal injury or death, property damage or destruction, or any other claim or cause of action arising out of the production, distribution, telecast, exhibition or promotion of, or participation in the Contest or appearance, "Take Me Out to the Ballgame" during the 7th inning stretch, or any other Use of any Material in any Media, including (but not limited to) any such claims or causes of action resulting from or arising out of the negligence of any of the Cubs Parties. Neither Cubs nor Nestle USA, Inc. nor any Cubs Parties is responsible for personal injury of any entrant incurred in connection with participation in the Contest. Each participant will be required to execute an agreement with Cubs prior to participation in the Contest. Participants assume all applicable tax liability for their prize. For a list of winners, send a stamped, self-addressed envelope after September 1, 2008, to: List of Winners / The Baby Ruth Ultimate 7th Inning Stretch Competition™ c/o Marketing Department, Chicago Cubs, 1060 W. Addison, Chicago, IL, 60613.

7. Definitions. The following capitalized terms shall have the following meanings in this Contract:

  • "Cubs Parties" means Cubs, the other MLB Entities, Cubs' owners and affiliated, subsidiary and parent companies, each of their predecessors and successors, their licensees, assignees and sponsors, and the officers, directors, shareholders, agents, representatives, employees and attorneys of each of them and any entity designated by Cubs.
  • "Material" means the name, address (city and state of residence) voice, photograph, actions and likeness, the essay submitted with any entry, the video and audio recordings of auditions and of the performance during the 7th inning stretch at Wrigley Field and any other facts about any participant or their participation, including without limitation recordings or reproductions of all or portions of, or relating to, participants' proposed appearance or actual appearance at Wrigley Field, any audition or submission in connection with the Contest, the singing of "Take Me Out to the Ballgame" during the 7th inning stretch at Wrigley Field and in any portion of the Contest, and any other interviews, comments, statements or appearances by any participant in connection with the Contest or the 7th inning stretch.
  • "Media" means all media now known or hereafter invented, including without limitation the Internet and all other interactive media, all forms of television, home video and merchandising (for example, coffee mugs, T-shirts, books, etc.).
  • "MLB Entities" shall mean the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc. (doing business in its own name and as Major League Baseball Productions), Tickets.com, Inc., SportsOnEarth, LLC, the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball and the directors, officers, employees and agents of the above entities.
  • "Use" means recording or using for any purpose (including, without limitation, editorial, entertainment, advertising, exhibition, promotion, cross-promotion, merchandising and trade purposes and any other use in Cubs discretion) and allowing third parties to use for any purpose whatsoever.

8. Agreement to reimburse Cubs. Participants understand and acknowledge Cubs will incur substantial cost and expense to produce the Contest and the 7th inning stretch and Cubs are relying on each participant's statements. In consequence of the foregoing, each Participant agrees if she/he has lied or otherwise distorted the truth in connection with participation or activity, Participants shall be responsible and shall reimburse the Cubs Parties for all associated costs.

9. Resolution of Disputes. Any dispute, controversy or claim arising out of or relating to participation in the Contest, "Take Me Out to the Ballgame" during the 7th inning stretch, or the Use of any Material or these Rules, including claims arising out of or relating to the breach thereof, shall be resolved by arbitration under the auspices of the American Arbitration Association, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. No such claim may be brought as a class action. Any such claim shall be governed by the laws of the State of Illinois, without regard to choice-of-law rules or principles. Any arbitration instituted in accordance with this paragraph shall take place in Chicago, Illinois. For the purpose of dispute resolution, each Participant consents to personal jurisdiction in Chicago, Illinois, as the most convenient and appropriate forum for resolution of such disputes. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If any portion of this paragraph is found to be invalid, illegal or unenforceable, for any reason, that portion shall be severed from the rest and shall not affect the agreement to resolve all controversies and claims through arbitration.

10. Limitation of Remedies. Participants agree in no event to seek or obtain injunctive or other equitable relief with respect to any dispute related to the Use of the Material, any breach, or alleged breach, of any obligation, representation or warranty of any of the Cubs Parties hereunder or for any other purpose against any of the Cubs Parties. Participants agree not to seek or recover punitive or exemplary damages from the Cubs Parties.

11. Severability. If any provision, covenant, term or condition, or any portion of any provision, covenant, term or condition, of this Contract is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provisions, covenants, terms or conditions of this Contract.

12. Sponsor. Nestle USA, Inc., is a title sponsor only. Void where prohibited or restricted by law, rule or regulation. Cubs are responsible for management, operation, execution and fulfillment of the Contest.

13. Internet. Cubs Parties are not responsible for stolen, late, misdirected, lost, damaged, garbled, delayed, incomplete, inaccurate, postage due or illegible entries or mail. Entries generated by a script, macro or other mechanical or automated means will be disqualified. Cubs Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, 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, the announcement of the prizes or in any Contest-related materials. Cubs Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Cubs Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. If for any reason, the Internet-related portion of this Contest is not capable of running as planned, including 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 the Contest, Cubs and MLBAM reserve the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (or any portion of the Contest) and, if terminated, to determine the winners, if any, from among all eligible, non-suspect entries received up to the point of termination. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE CONTENT OR FAIR AND LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM THE CONTEST AND THE CUBS, THE OTHER CUBS PARTIES AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. Information submitted in Internet entries is subject to the Cubs.com Privacy Policy accessible at http://mlb.mlb.com/chc/help/chc_help_about_privacy.jsp. Online entrants to this Contest will be given the option to receive commercial e-mails from Cubs.com and/or MLB.com; however, eligibility to participate in the Contest is not dependent upon entrant's consent to receive such e-mails. Contest rules shall be governed and enforced pursuant to Illinois law, excluding choice of law provisions.

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