Swing for Your Seats

LOUISVILLE BATS SWING FOR YOUR SEATS OFFICIAL RULES

Eligibility. To participate in the Louisville Bats “Swing for Your Seats” promotion (the “Promotion”) a person must comply with the following:

a. Register for the Promotion in accordance with Section 2 below; and

b. Be of legal age of majority in his/her jurisdiction and at least eighteen (18) years of age at the time of registration and a legal resident of Kentucky, Ohio, Indiana, or West Virginia.

c. The following individuals are not eligible to participate in the Promotion:

i. Professional baseball players who were paid or received any form of compensation to play baseball;

ii. Ticket brokers/re-sellers (as defined by the Louisville Bats in its sole and absolute discretion);

iii. Participants who played any level of collegiate or professional sports (whether major, minor or independent league); and

iv. Employees, officers, owners, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of The Louisville Bats LLC, the MiLB Entities, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Promotion are not eligible to participate. The “MiLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MILB.com”), Major League Baseball Properties, Inc., BAMTech LLC, The MLB Network, LLC, the Major League Baseball Clubs and Minor 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. The Promotion is subject to all applicable federal, state and local laws, rules and regulations.

Registration. On or around March 10, 2023, notification will be made via email to the email address on file for each Eligible Participant. To register to participate in the Promotion, the Eligible Participant must follow the instructions in the email to sign up online by the time specified in the email (each Eligible Participant properly registering, a “Participant”). There is a limit of one (1) registration per person and no more than one (1) Eligible Participant per account. Space is limited to the first one hundred (100) Eligible Participants that register.
Swing for Your Seats. On March 25, 2023, each Eligible Participant will have the opportunity to step in the batter’s box at Louisville Slugger Field in Louisville, KY for one (1) official Promotion at-bat. An “official Promotion at bat” is defined as the first to occur of the following: (i) three (3) pitched balls, regardless of whether an Eligible Participant swings, (ii) three (3) swings, and (iii) an Eligible Participant hitting a Home Run. A swing will be determined by and at the discretion of Louisville Bats personnel attending the Promotion. Baseballs will be pitched by an automatic pitching machine at a height, speed and interval to be determined by the Louisville Bats in its sole and absolute discretion. In the event an Eligible Participant who is a Bats Season Ticket Account Holder is unable to attend the Promotion Event, the Eligible Participant may elect a proxy to take his or her official Promotion at bat (“Proxy”) by completing and signing a Louisville Bats Swing For Your Seats Promotion Proxy Designation Form prior to March 25, 2023. The Proxy must meet all of the eligibility requirements of Section 1 of these Official Rules. For the purposes of these Official Rules, each Proxy shall be considered an “Eligible Participant”, provided that the Proxy is not eligible to be a Jackpot Prize Winner or Additional Prize Winner, as further described in Sections 7 and 8 below. A Proxy may only take one (1) official Promotion at-bat, i.e., a Proxy may only participate in the Promotion for one (1) account holder.
At-bat Conditions. Eligible Participants must present valid identification on the day of the Promotion in order to participate. All Eligible Participants must sign a waiver prior to entering the batter’s box and must wear a batting helmet and use a baseball bat provided by the Louisville Bats. The exact time, order, nature and duration of an official Promotion at-bat shall be determined by the Louisville Bats at its sole discretion. Transportation to/from Louisville Slugger Field, parking and lodging are not included and are the responsibility of each Eligible Participant or their Proxy. Each Eligible Participant agrees to comply with all applicable ballpark regulations in connection with his/her participation in the Promotion. The Louisville Bats and the applicable MiLB Entities reserve the right to remove or to deny entry to any Eligible Participant who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Promotion. The Louisville Bats and the MiLB Entities will not be responsible for Eligible Participants missing their official Promotion at-bat for any reason. The Louisville Bats, in its sole and absolute discretion, shall determine whether conditions (weather or otherwise) at Louisville Slugger Field on the date of the Promotion are held are suitable for the Promotion to begin and/or continue to its conclusion. In the event of inclement weather, as determined in the sole discretion of the Louisville Bats, the Promotion date shall be rescheduled.
A Winning Swing. If an Eligible Participant swings and hits a Home Run during his/her official Promotion at-bat, he/she will be declared a winner of the Promotion (each a “Jackpot Prize Winner” and collectively, the “Jackpot Prize Winners”). A “Home Run” shall occur when the baseball is hit over the outfield wall of Louisville Slugger Field, in fair territory, without first bouncing on the field or foul territory during the official Promotion at-bat. The ultimate determination of whether a hit constitutes a Home Run shall be made by the Louisville Bats, in its sole and absolute discretion.
Additional Ways to Win. The Louisville Bats shall place targets on the Louisville Slugger Field playing field (the “Targets”). The size and placement of the Targets shall be determined by the Louisville Bats in its sole and absolute discretion. An Eligible Participant who hits a pitched ball during his/her official Promotion at-bat which ball comes to rest inside or hit a Target without aid of or interference by any person or object will be declared an Additional Prize winner of the Promotion (“Additional Prize Winner” and together with the Jackpot Prize Winners, the “Winners”) and eligible for an Additional Prize. In addition to the Targets, an Eligible Participant may become an Additional Prize Winner if he/she hits a pitched ball during his/her official Promotion at-bat which ball hits the outfield wall on a fly in fair territory without aid of or interference by any person or object. The ultimate determination of whether an Eligible Participant qualifies as an Additional Prize Winner shall be made by the Louisville Bats, in its sole and absolute discretion.
Jackpot Prizes. Each Jackpot Prize Winner will receive the lessor of (i) the full payment amount of his/her Eligible Season Ticket Plan (including for the avoidance of doubt, the Deposit); or (ii) a Three Thousand Dollar ($3,000) credit to be deducted from the full payment amount owed for his/her Eligible Plan (the “Jackpot Prize”). For avoidance of doubt, the value of Eligible Plans does not include any Postseason tickets. Limit one (1) Jackpot Prize per Participant. No Proxy is eligible to claim the Jackpot Prize.
Additional Prizes. Each Additional Prize Winner pursuant to Paragraph 7 will receive an Additional Prize. The “Additional Prizes” will be determined by the Bats in its sole and absolute discretion and have an approximate retail value ranging from Five Dollars ($5) (e.g., redeemable coupons and gift certificates) to Six Hundred Forty Dollars ($640) (e.g., use of a Bats suite for one regular season game and up to 16 game tickets for that game). No Proxy is eligible to claim an Additional Prize.
Jackpot Prize & Prize Conditions. All Jackpot Prize and Additional Prize details shall be determined in the sole and absolute discretion of the Louisville Bats. Each Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). In order to claim the Jackpot Prize or an Additional Prize, each Winner must complete and sign an affidavit, Prize Claim, release and all applicable tax forms. All costs and expenses associated with a Prize acceptance and use, including, but not limited to, lodging, transportation costs, meals, gratuities and other expenses incurred by a winner accepting a Prize, are the sole responsibility of each individual Winner. The Prizes are nontransferable and non-assignable.
Inclement Weather. In the case of inclement weather, the Swing For Your Seats Promotion will be canceled. All registered participants will be automatically entered into a giveaway for four (4) on-deck seats, a custom Louisville Bats jersey, and a Louisville Bats hat.
Waiver of Liability/Publicity Release. By participating in the Promotion, each Eligible Participant agrees to (a) be bound by these Official Rules, and (b) waive any and all claims against the Louisville Bats LLC , the other MiLB Entities, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Jackpot Prize or Additional Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By registering for this Promotion, each Eligible Participant gives his/her express permission to be contacted by the Louisville Bats and/or MLBAM by telephone, email and/or postal mail for Promotion purposes. Each Winner, by acceptance of a Prize, grants to the Louisville Bats , MLBAM and each of their respective designees the right to publicize such Winner’s name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
General Terms. Released Parties are not responsible for late, incomplete, inaccurate, delayed, undelivered transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, or the cancellation or postponement of any official Promotion at-bats. Persons who tamper with or abuse any aspect of the Promotion or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Louisville Bats or the other MILB Entities or who are in violation of these Official Rules, as solely determined by the Louisville Bats, will be disqualified and all associated registrations will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Louisville Bats, MLBAM or their respective agents. The Louisville Bats shall have the sole right to disqualify any Participant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. The Louisville Bats ’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Suspension; Modification. The Louisville Bats reserve the right, in its sole discretion, to cancel or suspend the Promotion (or any portion thereof) should unauthorized human intervention or any other cause corrupt the administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). The Louisville Bats also reserve the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE LOUISVILLE BATS WILL DISQUALIFY ANY REGISTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE LOUISVILLE BATS , MILBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
As a condition of entering this Promotion, each Eligible Participant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Promotion, or any prizes awarded (each, a “Claim”), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in the State of Kentucky before a single arbitrator appointed by AAA in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of Kentucky applicable to contracts entered into and performed exclusively in the State of Kentucky.