Candy Digital – CandyVision: Home Run Derby Pro Rewards Terms & Conditions
OFFER GOOD UNTIL JULY 15, 2024 AT 8 PM ET OR WHILE SUPPLIES LAST. ALLOW NINETY (90) DAYS FOR REWARD DELIVERY.
Any person (“you” or “your”) visiting www.candy.com (the “Website”), including those who purchase any items offered by Candy Digital, Inc. (“Candy Digital”), agrees to be bound by the following Reward Terms & Conditions (“Reward Terms”), as well as our Privacy Policy, Terms of Use, and any applicable additional terms (which are incorporated herein).
1. Promotional Offer. A participant can earn the rewards set forth in Schedule A (the “CandyVision: Home Run Derby Pro Rewards”) during the period starting at 2:30 PM ET on July 11, 2024 and ending at 8 PM ET on July 15, 2024 (the “Promotion Period”), by doing the following:
(i) either (A) purchasing the Home Run Derby Gem (the “HRD Gem”) on the Website and holding the HRD Gem in your Candy Digital account until the end of the Promotion Period, OR (B) if you are a participant in the 2024 Candy League Season, having ranking in one of the First (1st) through Twenty-fifth (25th) places on the 2024 Candy League Season Leaderboard (“Candy League Ranking”) by the start of the Promotion Period (i.e., at 2:30 PM ET on July 11, 2024); and
(ii) completing the Qualifying Promotion Activity (as defined below) and achieving the ranking set forth opposite the applicable reward(s) (the “Reward(s)”) listed in Schedule A on the CandyVision: Home Run Derby Pro Leaderboard as listed at https://candy.com/mlb/candyvision/leaderboard (the “Leaderboard”), as determined by Candy Digital in its sole discretion following the end of the Promotion Period.
Your Leaderboard ranking will be determined on the basis of your ability to accurately predict the top four (4) batters of the 2024 MLB Home Run Derby (the “Home Run Derby”), and if applicable, your answer(s) to the two tie breaker questions under a single Candy Digital account (collectively with purchase of the HRD Gem and/or Candy League Ranking, as applicable, “Qualifying Promotion Activity”), during the Promotion Period. You must conduct all Qualifying Promotion Activity using the same Candy Digital account. If you have technical or other difficulties, please contact us at fans@candy.com, so we may investigate.
For the purposes of the Leaderboard rankings, with respect to the Qualifying Promotion Activity, participants will be ranked based on (i) the number of batters in the top 4 batters of the Home Run Derby accurately predicted; and (ii) the order of the top 4 batters of the Home Run Derby (i.e., first place, second place, third place, etc.) accurately predicted. In the event of a tie, participants will be ranked based on the most accurate prediction(s) in response to the tiebreaker questions. Only those participants with a ranking of any of First (1st) through Fifth (5th) Places on the Leaderboard will be eligible for the Rewards, as applicable, as set out on Schedule A. Participants with a ranking of Sixth (6th) Place or higher on the Leaderboard will not be eligible for any Rewards. If you qualify for this promotional offer (the “Promotion”), the applicable Reward corresponding to your ranking on the Leaderboard will be delivered to you within ninety (90) days following the Promotion Period. The Promotion is a skill-based prediction game. The Promotion is limited to residents of the fifty (50) United States and District of Columbia, as well as Canada (excluding Quebec), aged 18 or older. You must have a Candy Digital account. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the Reward recipient.
In order to receive a Reward, you must possess or establish a Candy Digital account. Limit one (1) submission per Candy Digital account. You are not required to purchase any cryptocurrency or tokens or to otherwise make a purchase (other than as set forth herein) in order to receive a Reward. You are advised that transferring or selling NFTs usually incurs a transaction fee. You must consult with your chosen digital wallet entity for information on any such fees.
The value of any NFT is subjective and therefore can be volatile. NFTs and similar assets are collectibles and have no inherent or intrinsic value. The Released Parties (as defined below) do not and cannot guarantee that any NFT won will retain its original value. You agree to assume all risk associated with the use and value of the Rewards.
2. General Conditions: Candy Digital reserves the right in its sole discretion to not redeem the Rewards of any individual they find to be (i) engaging in fraud or undermining the legitimate operation of this Promotion, (ii) acting in an abusive, fraudulent, deceptive or disruptive manner, and/or (iii) in violation of these Reward Terms. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law and should such an attempt be made, Candy Digital reserves the right to seek damages from any such person to the fullest extent permitted by law. Candy Digital reserves the right to make the final decision with respect to admission and/or redemption and fulfillment of the Rewards, in its sole discretion.
Candy Digital reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion, including any Qualifying Promotion Activity, should Candy Digital determine (in its sole discretion) that any virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control have corrupted or affected, or may corrupt or affect, the administration, security, fairness or proper conduct of the Promotion. Void where prohibited or expired. Candy Digital is not responsible for late, non-compliant, or misdirected requests. Requests not complying with all offer requirements will not be honored. Duplicate requests will constitute fraud.
Participation in the Promotion and acceptance of any Reward constitutes each winner’s permission for Candy Digital and MLB Entities and Player Entities to use his/her name, address (city and state), likeness, photograph, picture, video, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Candy Digital for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
By participating, and to the fullest extent permissible under law, you hereby release and agree to hold harmless Candy Digital, the MLB Entities (as defined below), the Player Entities (as defined below) and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action, whether presently known or unknown, arising out of or in connection with participation in the Promotion or in any Promotion-related activity and/or receipt, possession, use or misuse of any Reward, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical, mechanical or printing errors; (c) the administration of the Promotion (including any errors) and/or the processing fulfillment or redemption of requests; and/or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or in any Promotion-related activity or receipt, possession, use or misuse of any NFT or Reward. You further agree that in no event shall the Released Parties be liable for attorney’s fees. To the fullest extent permissible under law, you hereby irrevocably waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, in connection with the Promotion and/or your receipt, possession, use or misuse of the Reward or participation in the Promotion or in any Promotion-related activity. “MLB Entities” means 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 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. The “Player Entities” means, collectively, the Major League Baseball Players Association (“MLBPA”) and MLB Players, Inc. (“MLBPI”), 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 MLBPA and/or MLBPI, and the owners, general and limited partners, shareholders, directors, officers, members, employees and agents of the foregoing entities, including each and every Major League baseball player.
3. Governing Law. These Reward Terms shall be governed by the laws of the State of New York.
4. Arbitration; No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Your participation in the Promotion constitutes your acceptance of this Arbitration provision.
As a condition to participating in the Promotion, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Promotion and/or Rewards (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
5. Sponsored by: Candy Digital, Inc., 222 Broadway, New York, NY 10038.
THE PROMOTION IS IN NO WAY SPONSORED, ADMINISTERED, EXECUTED OR PRODUCED BY ANY OF THE PLAYER ENTITIES OR MLB ENTITIES. MLBPA AND MLBPI TRADEMARKS, COPYRIGHTED WORKS AND OTHER INTELLECTUAL PROPERTY RIGHTS ARE OWNED AND/OR HELD BY MLBPA OR MLBPI AND MAY NOT BE USED WITHOUT THE WRITTEN CONSENT OF MLBPA OR MLBPI. VISIT MLBPLAYERS.COM, THE PLAYERS CHOICE ON THE WEB. ALL RIGHTS RESERVED. MAJOR LEAGUE BASEBALL TRADEMARKS AND COPYRIGHTS ARE USED WITH PERMISSION OF MAJOR LEAGUE BASEBALL. VISIT MLB.COM.
Schedule A – CandyVision: Home Run Derby Pro Rewards
| Ranking* | Reward** |
| First (1st) Place |
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| Second (2nd) Place |
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| Third (3rd) Place |
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| Fourth (4th) Place |
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| Fifth (5th) Place |
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Actual value of each autographed item is subject to market fluctuations. No certificate of authenticity is provided by Sponsor. Item is not used.
*Ranking on the CandyVision: Home Run Derby Pro Leaderboard following the end of the Promotion Period.
**With respect to any Reward, in the event of a tie between any participants, the winner will be selected based upon which participant makes the most accurate predictions in response to two tiebreaker questions. If still tied, winners will be selected at random by Candy Digital in its sole discretion.
“ARV” as used in the table above refers to the total approximate retail value of each prize, as determined by Candy Digital in its sole discretion.