LUVSEATS, LLC

“Homerun Derby Contest” Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. YOU MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. YOU REPRESENT AND WARRANT THAT BEFORE SUBMITTING ANY ENTRY INTO THE SWEEPSTAKES, YOU HAVE REVIEWED AND ACCEPTED THESE OFFICIAL RULES IN THEIR ENTIRETY AND AGREED TO PARTICIPATE. 

  1. The “Upgrade of the Game Presented by LuvSeats” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry.
  2. SPONSOR: The Sweepstakes is sponsored by LuvSeats, LLC, a Delaware limited liability company, located for notice at LuvSeats LLC, 1421 N. Jones #430, Las Vegas, Nevada 89108 (the “Sponsor”) and administered by Sponsor, or a third party administrator which Sponsor may in the future designate (as the case may be, the “Administrator”). You are providing your information to Administrator and the information you provide will only be used in accordance with Sponsor’s privacy policy found on its website at https://luvseats.com/privacy-policy/ (the “Privacy Policy”).  By entering into the Sweepstakes, you are consenting to the sharing of your information between Sponsor, Administrator, and any vendor of either which is necessary to carry out the Sweepstakes or any purpose reasonably related thereto.
  3. ELIGIBILITY: The Sweepstakes is open to legal U.S. residents residing in the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Sponsor, Administrator, their respective affiliated entities, and each of their respective parent companies, employees, shareholders, officers, directors, members, managers, partners, joint venturers, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, heirs, beneficiaries, trustees, and the respective successors and assigns of each of the foregoing (including, without limitation, LuvSeats, collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law.  Void with respect to any person treated as an individual within the European Union or the European Economic Area for the purposes of the General Data Protection Regulation 2016/679 (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).  Entry in the Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes.
  4. AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
  5. FOUR WAYS TO ENTER: The Sweepstakes consists of a series of Sweepstakes Periods.  The first “Sweepstakes Period” begins at 12:00:01 a.m. Pacific Time (“PT”) on May 5, 2021 and ends when the Grand Prize Winner is determined at the first Las Vegas Aviators home game.  Each subsequent “Sweepstakes Period” begins at the end of each Las Vegas Aviators home game and runs until the Grand Prize Winner is announced at the next Las Vegas Aviators home game (each a “Sweepstakes Period”).The date and time of each Game is subject to change, including postponement, rescheduling, relocating, and/or cancellation.  In the event that a Game is postponed, rescheduled, relocated, and/or cancelled, Sponsor reserves the right to postpone, reschedule, relocate, and/or cancel the Sweepstakes for that Sweepstakes period at Sponsor’s sole discretion.  The Sponsor’s computer is the official time-keeping device for the Sweepstakes. 
    1. For purposes of this Agreement, a “Game” refers to the Las Vegas Aviators game for the next upcoming Sweepstakes Period.    
    1. Download the LuvSeats app and go to the promotions tab in your profile to enter (an “In-App Entry”).  Each In-App Entry will be entered into the Sweepstakes for the next upcoming Sweepstakes Period.  Each In-App Entry must be received prior to the announcement of the Grand Prize Winner of the Upgrade of The Game presented by LuvSeats to be entered into the Sweepstakes for a given Sweepstakes Period.  NOTE: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED.  IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.”
    1. Take a “LuvSeats Selfie.”  Take a picture of yourself at the Game and post that picture to social media (each a “LuvSeats Selfie Entry”).  Social media posts to Instagram or Twitter must use the hashtag #RealLuvSeats for entry; Social media posts to Facebook or LinkedIn must tag Sponsor using the handle @LuvSeats for entry.  Each LuvSeats Selfie Entry will be entered into the Sweepstakes for the next upcoming Sweepstakes Period.  Each LuvSeats Selfie Entry must be posted prior to the announcement of the Grand Prize Winner of the Upgrade of The Game presented by LuvSeats to be entered into the Sweepstakes for a given Sweepstakes Period.
    1. Hit a “Home Run” at the LuvSeats “Bases Loaded” Home Run Derby Toss (the “Derby Toss”).  Participate in the Derby Toss at select Las Vegas Aviators home games of Sponsor’s choosing,, and successfully score a “Home Run” (each a “Derby Entry”). The time and location of operation of the Derby Toss is at Sponsor’s sole discretion and is subject to change and/or cancellation without notice. Entry in the  Derby Toss is free.  Rules for the Derby Toss are subject to change at any time by Sponsor without notice.  Each Derby Entry will be entered into the Sweepstakes for the current Sweepstakes Period.  Each Derby Entry must be made prior to the announcement of the Grand Prize Winner of the Upgrade of The Game presented by LuvSeats to be entered into the Sweepstakes for a given Sweepstakes Period.
    1. Mail-in: Entrants also have the option to obtain Sweepstakes entries via mail (each a “Mail-In Entry”) by legibly hand-printing, on a 3” x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a #10 envelope (hand printed), with proper postage affixed, to: “Upgrade of the Game by LuvSeats” Sweepstakes, LuvSeats LLC, 1421 N. Jones #430, Las Vegas, Nevada 89108.  Each valid Mail-In Entry received will count as seven (7) Sweepstakes entries. You may submit as many postal entry requests as you wish, but each request must be mailed separately. .  Mail-In Entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.  Each Mail-In Entry will be entered into the Sweepstakes for the next upcoming Sweepstakes Period according to when the Mail-In Entry is received, regardless of mailing date.  Sponsor is not responsible for lost, damaged, or untimely Mail-In Entries.
    1. All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
    1. Each Entrant must be a natural person.
    1. Entrant must be present at the Game at the time of the announcement of a potential Winner to win.  
    1. Any incorrect or incomplete entry is void. Any attempt by any Entrant to obtain entries by using multiple/different identities, registrations or logins, or any other methods will void that Entrant’s entries and that Entrant will be disqualified from the Sweepstakes.
    1. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including Sweepstakes entry services) will void all entries by such Entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
  6. GENERAL CONDITIONS:
    1. If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification, or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsors Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
    1. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, APPLICATION, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  7. RELEASE AND LIMITATIONS OF LIABILITY:
    1. By participating in the Sweepstakes, Entrants agree to release, indemnify, hold harmless, defend, and protect (with counsel selected by Released Parties), the Released Parties from and against any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, arising out, in connection with, or in any way relating to, the Sweepstakes or receipt or use of any prize, including, but not limited to: (i) the subject matter of the Sweepstakes; (ii) any inability to submit a Sweepstakes entry; (iii) any defects or deficiencies in a Sweepstakes entry; (iii) the content or context of any Sweepstakes entry; (iv) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (v) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (vi) unauthorized human intervention in any part of the entry process or the Sweepstakes; (vii) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (viii) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes;  (ix) use or redemption of any prize; (x) the process by which the Sweepstakes draws winning Entries, including the outcome of the Sweepstakes; (xi) the inability to redeem or use any prize, including, without limitation, due to Force Majeure (defined below), and/or (xii) the administration of the Sweepstakes. 
    1. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes.
    1. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of actually entering in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
    1. TO THE MAXIMUM EXTENT PERMISSIBLE 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.
    1. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND SPONSOR HEREBY DISCLAIMS ANY SUCH WARRANTIES.  TO THE EXTENT THAT ANY PRIZE MAY BE SUBJECT TO MANUFACTURER WARRANTIES OF ANY KIND, NO ASSURANCE OR GUARANTY IS MADE THAT SUCH WARRANTIES ARE STILL VALID OR IN EFFECT.
    1. Each Entrant releases, and hereby agrees to indemnify, defend, protect, and hold harmless the Released Parties from any and all liability, including, without limitation, claims/actions based on publicity rights, defamation, and/or invasion of privacy, that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
  8. DRAWING AND NOTIFICATION: The Grand Prize drawing will be conducted by the Administrator or an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The drawing will be conducted during the fourth inning of play, or at a time of Sponsor’s choosing if circumstances require. Odds of winning the Grand Prize will depend on the total number of eligible entries received during the Sweepstakes Period.  The potential Winner will be notified by the Administrator via announcement at the Game, by email, and/or by in-app message.
  9. GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize Winner (the “Winner”), upon the Administrator’s confirmation of eligibility and presence at the Game, will receive upgraded seats (chosen by and at the discretion of Administrator) for the remainder of the Game (the “Grand Prize” or “Prize”). The Prize will be made available to the Winner immediately at the Game, contingent upon the Winner’s compliance with the conditions below (and full compliance with the terms of these Official Rules).  Notwithstanding the foregoing, if the Winner is a resident of Florida, New York, Rhode Island, or any other state which may require registration or bonding of certain Sweepstakes, Sponsor and Administrator may, in their sole and absolute discretion, reduce the Grand Prize so as to comply with the laws and regulations (including state attorney general opinions) of the state in which the Winner resides.
  10. ADDITIONAL SWEEPSTAKES, PROMOTIONS, AND PRIZES. Notwithstanding the announcement of a Winner of the Sweepstakes for a given Sweepstakes Period, Sponsor reserves the right to participate in and conduct other promotional sweepstakes, promotions, giveaways, and prize programs separate and apart from this Sweepstakes, in relation to which, Sponsor reserves the right to provide additional “upgraded” seats to other attendees of a given Las Vegas Aviators home game. 
  11. PRIZE CONDITIONS:
    1. By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Grand Prize Winner must sign and return to the Administrator or its agent at the Game an Affidavit of Eligibility, Liability & Publicity Release in order to claim his or her prize and in any event prior to the end of the Game. Note: The Affidavit will require that the Winner provide his or her Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income; an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize is unclaimed as to a potential Winner, if a potential Winner cannot be reached or is not present at the Game, or if a potential Winner refuses to accept the Prize or fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected. 
    1. By accepting the Grand Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast, and use worldwide in all media without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval, or notification.
  12. USE OF DATA: Sponsor complies with the privacy laws and regulations of the United States of America, and makes no representations regarding the laws of other nations or any particular jurisdiction.  Sponsor does not knowingly collect personal information from children in connection with the Sweepstakes, as the Sweepstakes is only open to entrants of 18 years of age or older.  All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://luvseats.com/privacy-policy/. By participating in the Sweepstakes and providing his or her email address or any other applicable contact information, Entrant hereby agrees to Sponsor’s collection and usage of their personal information and acknowledges that they have read and accepted Sponsor’s Privacy Policy.  If an Entrant, after entry in the Sweepstakes, revokes such Entrant’s consent to receiving promotional emails and reminders from or about the Sponsor, the use such Entrant’s personal information submitted, will still be subject to the Privacy Policy of Sponsor. 
  13. DISPUTES:
    1. By entering the Sweepstakes, Entrants agree that: (1) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to, claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the state of Nevada.
    1. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving Nevada, and Entrants and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
    1. EACH ENTRANT AGREES THAT SUCH ENTRANT MAY BRING CLAIMS HEREUNDER ONLY IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    1. In addition, in the event of a breach of these Official Rules by Entrant, Sponsor and Administrator will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction without the need of posting a bond, and any other legal or equitable remedies. This right shall be cumulative with, and not exclusive of, any other remedies available in law or equity.
  14. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
  15. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant. 
  16. WINNER LIST REQUEST:  To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by December 1, 2021, to: “Upgrade of the Game by LuvSeats” Sweepstakes Winners List Request, 1421 N. Jones #430, Las Vegas, Nevada 89108.
  17. CONSENT TO PHONE AND EMAIL CONTACT, NOTICE, AND RELATED MATTERS.  Administrator and/or Sponsor may call or text Entrant or authorize others to call or text Entrant on Administrator’s or Sponsor’s behalf using any number Entrant provides to Administrator for any purpose.  This consent shall supersede Entrant’s registration of such number on any state or federal “do not call” lists.  Entrant is responsible for charges for incoming text messages on Entrant’s phone.  Entrant may however, opt out of calls marketing Administrator’s services by notifying Administrator and Sponsor of Entrant’s request to not be contacted by phone for marketing purposes.  Entrant agrees that Administrator and Sponsor may monitor or record Entrant’s telephone conversations with such party (whether or not Entrant initiates the call).  Administrator and/or Sponsor may email Entrant or authorize others to email Entrant on such party’s behalf using any address Entrant provides to Administrator for any purpose in connection with the Sweepstakes.  Entrant authorizes Administrator and Sponsor to provide required notices to Entrant on Administrator’s website, via email, or by any other communication permitted under applicable law.