Indians Home Sweepstakes- Rules
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
UNION HOME MORTGAGE ULTIMATE GAME DAY EXPERIENCE SWEEPSTAKES (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, HAWAII, FLORIDA, NEW YORK, UTAH, RHODE ISLAND, NORTH DAKOTA, AND SOUTH DAKOTA) AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID OUTSIDE THE UNITED STATES OR WHERE PROHIBITED BY LAW. PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
The Promotion is open to all legal residents of the United States and the District of Colombia who are 18 years of age or older at the time of entry except as set forth below, but excludes residents of Alaska, Hawaii, Florida, New York, Utah, North Dakota, South Dakota and Rhode Island.
Notwithstanding the foregoing, the following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate household members (whether related or not) are not eligible for participation: employees, officers, and directors of Sponsor (defined below), Mutual Title, Union Home Insurance Services (“UHIS”), The Cleveland Indians Baseball Company, LLC (“Cleveland Indians”), the other MLB Entities (defined below), FanUp Software, INC and each of their parent, subsidiary, and affiliated companies, and Sponsor’s advertising and promotional agencies. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), 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. All federal, state, and local regulations apply.
2. START/END DATES:
The Promotion begins at 12:01 AM Eastern Time (“ET”) on June 1, 2021 and ends at 11:59 PM ET on September 30, 2021 (the “Promotion Period”).
3. HOW TO ENTER:
During the Promotion Period, visit uhm.com/homerun and follow the on-screen entry instructions to enter. You must fully complete the registration, including your first and last name, date of birth, daytime telephone number (including area code), and e-mail address. Normal time rates, if any, charged by Internet service provider will apply.
Limit one (1) entry per person.
By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Union Home Mortgage Corp (“Sponsor”) and its appointed agents, which will be final and binding in all matters relating to the Promotion.
By participating and submitting an entry, entrant agrees that Sponsor, the MLB Entities and any participating parties are authorized to contact entrant via e-mail to make entrant aware of information pertinent to the Promotion, and to distribute information regarding Sponsor’s featured products, special events, promotional offers, or coupons. Entrants may opt out of any further e-mail communication at any time following the provided opt-out instructions.
The Promotion includes one (1) grand prize (the “Grand Prize”) and four (4) monthly prizes (the “Monthly Prizes,” and with the Grand Prize, the “Prizes”).
One (1) winner will receive the Grand Prize. The Grand Prize includes access to a dugout suite at Progressive Field for the winner and up to eleven (11) friends at a 2022 Cleveland Indians game at Sponsor’s sole discretion, $500 cash in the form of a check to be used for food and beverages, twelve (12) Official Cleveland Indians jerseys, and a meet and greet with Tom Hamilton. The Grand Prize winner will also receive the opportunity to receive a tour of the radio booth at Progressive Field and throw the honorary first pitch for the Grand Prize winner only. Grand Prize to be provided on a date and time to be determined by Sponsor and/or the Cleveland Indians in their sole discretion, currently expected to be during the 2022 Major League Baseball season. Total approximate retail value (“ARV”) of grand prize: $9,000. The exact duration and nature of the meet and greet opportunity is at the sole and absolute discretion of Sponsor and subject to availability. In the event Tom Hamilton is unavailable for any reason, Sponsor reserves the right to substitute an alternate member of the Cleveland Indians personnel as determined solely by Sponsor to participate in Tom Hamilton’s absence. Exact nature and duration of the tour and first pitch shall be determined in the sole discretion of the Cleveland Indians and subject to availability.
Four (4) winners will receive a Monthly Prize as follows:
- Two (2) winners – the winners of drawings conducted on July 1 and September 1 – will each receive $500 in cash in the form of a check. ARV of each prize: $500.
- Two (2) winners – the winners of drawings conducted on August 1 and October 1 – will receive a wrapped Yeti Cooler, branded with Sponsor and Cleveland Indians branding. ARV of each prize: $250.
Total ARV of all Promotion prizes: $10,500.
Limit of one (1) Monthly Prize per person.
All Promotion prize details are at Sponsor’s sole discretion. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. The winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Sponsor consents in writing. No more than the stated number of Prize(s) will be awarded. The Released Parties are not responsible for and Winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material.
All expenses and travel costs incurred as a result of seeking, winning, and/or making use of a prize are the sole responsibility of winner. Any expense or cost not expressly stated in the description of the prizes set forth above is the sole responsibility of winner. Without limiting the foregoing, the Grand Prize does not include transportation to Progressive Stadium or lodging.
Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see indians.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the Cleveland Indians 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/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see indians.com/ballpark for details. Sponsor and the Cleveland Indians reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, 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/exhibition ticket.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with his/her federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.
5. ODDS OF WINNING:
Odds of winning a Monthly Prize depend on the number of eligible entries received by 11:59 PM ET on the day before the applicable Monthly Prize Drawing Date.
Odds of winning the Grand Prize are dependent on the number of eligible entries received during the Promotion Period.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
Potential Monthly Prize winners will be selected on the following dates (the “Monthly Prize Drawing Date”) from all eligible entries received as of 11:59 PM ET on the day prior to the Monthly Prize Drawing Date: July 1, 2021; August 1, 2021; September 1, 2021; and October 1, 2021.
Potential Grand Prize winner will be selected in a random drawing from among all eligible entries received, to be held on or about October 1, 2021.
Entrants will not be deemed a winner, and will not be eligible to receive the Grand Prize or Monthly Prize, unless and until such potential winner is verified as being eligible to receive the Grand Prize or Monthly Prize, and returns all necessary documents in accordance with this section and these Terms and Conditions.
Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winners will be contacted by telephone, e-mail, and/or text. If any potential winner cannot be reached within seven (7) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given.
All potential Monthly Prize winners may be required to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within seven (7) days of notification that he/she is a potential winner. All potential Grand Prize winners will be required to sign and return, where legal, an Affidavit of Eligibility / Release of Liability/Publicity within seven (7) days of first notification that he/she is a potential winner. No potential winner will be an official winner until his/her Affidavit of Eligibility / Release of Liability/Publicity has been returned and eligibility has been formally verified by Sponsor. If any potential winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Promotion and acceptance of prize constitute winner’s and guest’s permission for Sponsor, the MLB Entities, or their agents to photograph, film, and record each winner and guest and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner and guest regarding the Promotion or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, winner(s), and guest(s) acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, Cleveland Indians, the other MLB Entities and all of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Released Parties shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor and the MLB Entities shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase required to participate in the Promotion or to win any prize in the Promotion. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor and the MLB Entities reserve the right to alter, suspend, or terminate the Promotion at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Promotion becomes or is likely to become compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion termination or suspension date will be included in the next prize drawing. No automated devices, bots, and/or other programs and/or software are permitted. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. No mass or mechanically reproduced, photocopied, altered, or forged entries will be allowed. Delivery of a prize will require a street address located within the fifty (50) United States or the District of Columbia (except those states where the Promotion is prohibited). Sponsor and the MLB Entities are not responsible for lost, late, illegible, stolen, torn, altered, incomplete, invalid, unintelligible, misdirected, technically corrupted, garbled, or postage-due entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, requests, fraud, technical failure, human error, or any other cause beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor and the MLB Entities reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Promotion. Sponsor and the MLB Entities assume no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Sponsor and the MLB Entities are not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation or downloading of any materials in the Promotion.
Sponsor, the MLB Entities, and their agents are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Promotion based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a random drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor and the MLB Entities shall have the right to modify, suspend or terminate the Promotion or Prize, as applicable. Sponsor and the MLB Entities shall further have the right to modify, suspend, or terminate the Promotion or Prize, as applicable, if in Sponsor’s sole discretion the same should become adversely affected by the COVID-19 pandemic, including without limitation due to any cancellations of Cleveland Indians games as applicable and as set forth herein
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws, 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.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION.
9. DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Cleveland, Ohio. The parties agree not to raise the defense of forum non conveniens.
10. USE OF DATA:
Mobile Terms and Conditions
1. There is no fee from Union Home Mortgage Corp to receive text messages. Message and data rates may apply- this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account.
2. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages.
3. We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.
4. If you have any questions, text HELP to 86225 or contact us at 440-252-4932 or ma[email protected]. To stop receiving messages, text STOP to 86225.
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Union Home Mortgage Corp, ATTN: Marketing Department, 8241 Dow Circle West, Strongsville, Ohio 44136. All requests for a list of winners must be postmarked by October 15, 2021 and received by October 30, 2021.
12. SPONSOR: Union Home Mortgage Corp, NMLS 2229, 8241 Dow Circle, Strongsville, OH 44136.