Million Card Giveaway - Official Rules

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NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.

By participating in the Topps Million Card "Giveaway" ("Giveaway"), you (if a minor in jurisdiction of residence, your parent or legal guardian) agree to these Official Rules and the decisions of The Topps Company, Inc. ("Sponsor"), which are final and binding in all respects and not subject to appeal. In using www.toppsmillion.com ("Website") to participate in the Giveaway, you (if a minor, your parent or legal guardian) understand and agree that your participation is subject to compliance with the Terms of Use of the Website and the Website's Privacy Policy. If you (if a minor, your parent/legal guardian) do not agree to the Terms of Use and the Privacy Policy, do NOT use the Website or participate in the Giveaway. If you are a minor, you are advised to obtain the permission of your parent or legal guardian before using the Website or participating in the Giveaway.
1. Eligibility.: OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS STATES OF THE UNITED STATES, THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING QUEBEC PROVINCE). Employees, officers and directors (and their immediate families and same household members, whether related or not) of Sponsor, its parent, subsidiaries, affiliates and agencies; retailers and distributors of Topps products and MLB Entities (as defined below) are NOT eligible. For purposes of these Official Rules, "immediate family" is defined as parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Groups, clubs, organizations, commercial entities, and businesses cannot participate. Void in Alaska, Hawaii, Quebec Province, Puerto Rico and where prohibited by law.
2. To Play.: A. Get a MCGC. Look for a Million Card Giveaway Code Card ("MCGC") randomly inserted in packs of 2010 Topps Baseball Series 1, while supplies last. The odds of obtaining a MCGC per pack are approximately 1:6. NO PURCHASE NECESSARY. For a chance to obtain a MCGC without purchase at the same odds, send your name and complete address on 3"x5" card and mail in a business size (#10) envelope to: NPN MILLION CARD GIVEAWAY CODE CARD, P.O. Box 764, PITTSTON, PA USA 18640. Only one (1) 3"x5"card per envelope, mailed separately, postmarked by 11/17/2010 and received by 11/24/2010. No metered mail. Limit one (1) request for MCGC per household.; B. Sign Up @ the Million Card Giveaway Site. Beginning on or about 02/15/2010 at 12:00:01 a.m. ET, go to www.toppsmillion.com and create your Giveaway account ("Account") by first providing your date of birth. If you are (13) or over, complete registration by providing your first and last name, e-mail address, and creating a unique password and username. You are solely responsible for maintaining the security of your password, username and your Account. If you are under (13), you will be asked to provide your first name, your parent/legal guardian's e-mail address [DO NOT PROVIDE YOUR OWN E-MAIL ADDRESS], and to create a unique password and username. (Your parent/legal guardian will receive an e-mail from Sponsor and must provide his/her verifiable consent in a form prescribed by Sponsor before your Account will be activated and you will be permitted to participate in the Giveaway on-line.) In order to create your Account, you must check the box indicating that you have read and agree to these Official Rules. Limit of one (1) Account per person/e-mail address.; C. Enter Code from MCGC. When prompted, manually key-stroke the code from your MCGC ("Code") beginning on 02/15/2010 at 12:00:01 a.m. ET and ending on 02/01/2011 at 11:59:59 p.m. ET. If the Code is accepted, a baseball card from among the 36,000 different base cards in the entire Topps baseball card collection (dating from 1952) will be randomly allocated to the inputted Code. The universe of base cards includes more than one (1) of certain cards as well as autographed cards, but EXCLUDES insert cards and other brands of baseball cards produced by Sponsor. A virtual image of the baseball card randomly allocated to your Code will be placed into your Account. One (1) baseball card per accepted Code. Receipt of baseball card subject to verification and compliance with Official Rules. If virtual image of baseball card cannot be placed into Account for any reason, baseball card will be forfeited. FORFEITED CARDS WILL NOT BE AWARDED.; **(The virtual image represents a person's ownership of one (1) of the corresponding actual, physical baseball card. The virtual image, in and of itself, has no value or significance beyond serving as a representation of a person's ownership of the corresponding baseball card.); If your Code is accepted, you will also receive one (1) entry in a random drawing to win one (1) 1952 Mickey Mantle card (the "Random Drawing Prize"). One (1) entry per accepted Code. Sponsor will conduct random drawing from among all eligible entries received on or about 02/08/2011. Person initially selected as potential Random Drawing Prize winner will be notified via e-mail within three (3) days of drawing.; D. Baseball Cards. Once a virtual image of a baseball card is placed into his/her Account, the Accountholder may take the following actions: (i) keep the corresponding baseball card in his/her Account; (ii) trade the corresponding baseball card to another Accountholder; or (iii) take physical possession of the baseball card. The option selected will not affect a participant's entry in the random drawing.; Option (i): Sponsor will not assess any maintenance or other charges in conjunction with keeping baseball cards in his/her Account.; Option (ii): Available from 03/15/2010 at 12:00:01 a.m. ET to 03/01/2011 at 11:59:59 p.m. ET.; Accountholders are only permitted to trade one (1) baseball card received via the Giveaway to another Accountholder in exchange for one (1) or more baseball cards received via the Giveaway. Trades CANNOT include cash or other value (e.g., baseball cards NOT received via the Giveaway). Trading must take place on Website, as administered by Sponsor. It is the sole responsibility of the Accountholder to independently evaluate the sufficiency or adequacy of any trade. Sponsor disclaims any and all liability for trades made by Accountholders. Once a trade is made, it cannot be modified, cancelled or reversed except by mutual written consent of both trade partners in a form satisfactory to Sponsor in its sole discretion. Younger participants may wish to consult a parent/legal guardian or other unbiased adult for an assessment of the fairness of a given trade BEFORE making such trade.; Option (iii): Available from 03/15/2010 at 12:00:01 a.m. ET to 03/01/2011 at 11:59:59 p.m. ET.; FOR MOST BASEBALL CARDS AVAILABLE IN THE GIVEAWAY (I.E., NON-PRIZE BASEBALL CARDS), IN ORDER TO TAKE POSSESSION OF THE BASEBALL CARDS, YOU MUST PAY A SHIPPING AND HANDLING FEE OF $2.92 (USD) FOR THE FIRST BASEBALL CARD AND $0.53 (USD) FOR EACH ADDITIONAL BASEBALL CARD.; THIS PAYMENT IS ONLY REQUIRED IF BASEBALL CARD IS NOT IDENTIFIED BY SPONSOR AS A "PRIZE BASEBALL CARD." IN ADDITION, THIS PAYMENT DOES NOT APPLY TO THE RANDOM DRAWING PRIZE.; Non-prize baseball cards will be shipped via U.S. Postal Service as first class mail, unless an individual specifically requests shipment via certified delivery method. Fees for shipment via certified delivery method will vary depending on location of user.; Sponsor will ship Prize Baseball Cards and Random Drawing Prize via certified delivery method. Shipments of non-prize baseball cards and Prize Baseball Cards (or Random Drawing Prize) may only be combined at the sole discretion of Sponsor.; To receive baseball cards via certified delivery method, a physical address is required (P.O. Boxes not accepted). Allow 4-6 weeks from notification to Sponsor of exercising Option (iii) for receipt of baseball cards. Once you have exercised Option (iii) and elected to take physical possession of baseball cards, the corresponding virtual images of such baseball cards will be removed from your Account and you will be unable to use those cards to participate in other contests/promotions that Sponsor may offer to Accountholders. Once Option (iii) has been exercised, it cannot be modified, cancelled or reversed.; Warning: Giveaway ends 03/15/2011. After 03/15/2011, Option (iii) will no longer be available and all Accounts will be closed by Sponsor. Once closed, the contents of Accounts automatically revert to Sponsor and Accountholder waives and releases any and all property rights in Account and its contents without compensation of any kind. Participants may not receive any further notification prior to Account closure on 03/15/2011.
3. Prizes/Odds.: (2000) Prize Baseball Cards are available to be won. Odds of obtaining a Prize Baseball Card depend on a variety of factors including the number of Codes inputted and when a particular Code is inputted. The total approximate retail value of all Prize Baseball Cards is $162,190.00 (USD).; (1) Random Drawing Prize -- 1952 Mickey Mantle Baseball Card. Odds of winning Random Drawing Prize depend on the total number of eligible entries received. Approximate retail value is $15,000.00 (USD).; TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $177,190.00.
4. Conditions of Participation.: A. About Codes. Codes are valid only for the Giveaway and may only be used in accordance with these Official Rules. Any other use (or attempted use) of Codes is prohibited. Without limiting the foregoing, Codes have no cash value and cannot be redeemed or exchanged for cash or credit. Any attempt to purchase/sell (at auction or otherwise), trade, transfer, assign or exchange Codes is void and may result in disqualification and perhaps other sanctions as per Rule 5D. See Rule 4G for effect of disqualification.; B. Canadian Residents. To be deemed a winner of a Prize Baseball Card or the Random Drawing Prize winner, a Canadian participant must first correctly answer a mathematical skill testing question without mechanical or other assistance of any kind. Privacy Notice: Sponsor collects personal data when you participate in the Giveaway on-line. On-line participation constitutes your permission for the Sponsor and its affiliated companies to maintain the data in the U.S. The data is collected to maintain a record of those who have participated in the Giveaway, to administer the Giveaway (and activities in conjunction with the Giveaway) and, in the case of U.S. residents only, for marketing purposes in accordance with the Sponsor's privacy policy located at www.toppsmillion.com.; C. Sponsor's Computer as Clock. Sponsor's computer is the official clock of the Giveaway and shall be controlling in all respects.; D. Account Maintenance. It is the sole responsibility of the participant to keep his/her Account information up-to-date at all times. Sponsor disclaims any and all responsibility or liability for inability to contact an individual or for return of virtual images of baseball cards or actual baseball cards themselves as undeliverable if his/her Account information has changed and/or the shipping information provided by participant is inaccurate (as applicable). Additionally, you are strongly advised to maintain your own records of your participation in the Giveaway and you understand and agree that at any given time the information available regarding the Giveaway at the Website may be inaccurate or incomplete and you release Sponsor from any and all liability relative to same.; E. Additional Restrictions. All unspecified expenses in conjunction with participation in Giveaway (as well as shipping and handling costs for taking physical possession of non-Prize Baseball Cards as per Rule 2D above) are the sole responsibility of the participant. For Random Drawing Prize and Prize Baseball Cards, such unspecified expenses include but are not limited to property insurance. Should one elect to take physical possession of baseball cards, he/she understands and agrees that the baseball cards are provided AS IS and have not been graded or otherwise evaluated by Sponsor (or any outside authority). The condition of a given baseball card may be Mint, Near Mint, Excellent - Near Mint, Excellent, Very Good, Good, Fair or even Poor. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, IN FACT OR IN LAW, EXPRESS OR IMPLIED, AS TO THE CONDITION OR VALUE/RESALE VALUE OF ANY BASEBALL CARDS. THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED PURPOSE. (THE PRECEDING ALSO APPLIES TO THE RANDOM DRAWING PRIZE.) All taxes on baseball cards received via the Giveaway (including but not limited to the Random Drawing Prize) are the sole responsibility of participant and Sponsor will report distribution of baseball cards to participants (including but not limited to the award of the Random Drawing Prize) to the appropriate authorities in compliance with applicable law. No prize substitution or cash equivalent except at Sponsor's sole discretion due to prize unavailability for any reason and only then for prize of comparable value. No prize transfer.; F. Affidavit of Eligibility/Release. Winners of Prize Baseball Cards and the Random Drawing Prize may be required to sign and return an affidavit of eligibility, a liability release and a publicity release (where legal) within an indicated time period. If won by a minor, Prize Baseball Cards or the Random Drawing Prize may be awarded to parent or legal guardian of winner who must sign affidavit/release document on winner's behalf. Failure of winner to timely complete and sign affidavit/release may result in disqualification. If Random Drawing Prize winner is disqualified or cannot be notified, an alternate winner of the Random Drawing Prize will be selected from among all remaining eligible entries received for the random drawing.; G. Effect of Disqualification. If a participant is disqualified for any reason, such participant's registration for the Giveaway will be revoked, and his/her Account closed, with all baseball cards in his/her Account being forfeited without compensation of any kind. And, all entries of a disqualified person in the random drawing will be voided. Disqualification of a participant in no way prevents Sponsor from seeking additional remedies as allowed under law; see also Rule 5D.
5. Limitations of Liability.: A. Not Responsible for Errors. Sponsor is not responsible for any computer, programming, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions, errors, failures, connections, availability, or garbled or jumbled transmissions, service provider/Internet/website/use net accessibility or availability, traffic congestion, unauthorized human intervention or for inaccurate or incomplete recordation of information related to the Giveaway. Sponsor is not responsible for any typographical, programming, mechanical, technological or other error in the printing of the offer, the use and dissemination of virtual images of baseball cards, the acceptance of Codes/recordation of entries in the random drawing, administration of the Giveaway or in the announcement of baseball cards received by participants (including Prize Baseball Cards) and the Random Drawing Prize winner. These Official Rules are intended solely for the personal use by an individual participant and may be reproduced only once for his/her personal use; ANY FURTHER REPRODUCTION OF THESE OFFICIAL RULES IS PROHIBITED.; B. Force Majeure. If, for any reason, the Giveaway (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and conduct the Giveaway in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted at the Website.; C. No More than Indicated No. of Prizes Available. No more than the stated number of Prize Baseball Cards will be awarded; no more than one (1) Random Drawing Prize will be awarded. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the indicated number of Prize Baseball Cards to be available and/or claimed, Sponsor reserves the right to award only the quantity of Prize Baseball Cards as set forth in Rule 3 above (if previously not awarded), by a random drawing among all legitimate eligible claimants. For procedure for award of Random Drawing Prize if initially selected potential winner is disqualified, see Rule 5F above. IN NO EVENT WILL MORE THAN THE INDICATED QUANTITY OF PRIZE BASEBALL CARDS OR MORE THAN ONE (1) RANDOM DRAWING PRIZE BE AWARDED. Sponsor's sole liability for a defective Code is replacement with another Code, provided supplies last.; D. Tampering. Use or attempted use of robotic, programmed or like methods of participation is prohibited and constitutes tampering. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the operation of the Giveaway or the Website; who perpetrates (or attempts to perpetrate) any act of fraud on Sponsor or any other party in conjunction with the Giveaway; who violates these Official Rules. Sponsor reserves the right, at its sole discretion, to pursue remedies in addition to disqualification under these or other circumstances as deemed appropriate by Sponsor in its sole discretion.; E. No Waiver/Severability/Headings. Sponsor's failure to enforce any provision of these Official Rules in any given circumstance shall not constitute a waiver of such provision. If a court of competent jurisdiction determines that any provision of these Official Rules is invalid, unlawful or unenforceable, such determination shall not affect the validity, lawfulness or enforceability of the remainder of these Official Rules and the invalid/unlawful/unenforceable provision shall be replaced with a valid/lawful/enforceable provision that most closely approximates the original intent of Sponsor. Headings are intended only for reference purposes and are of no substantive effect.
6. Releases.: By participating, you (if a minor, your parent or legal guardian) indemnify, release and agree to hold harmless Sponsor, its parent company, affiliates and subsidiaries, MLB Entities, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations from any and all liability arising from participating in the Giveaway, any Giveaway-related activity and/or acceptance, receipt, possession or use/misuse of baseball cards (including Prize Baseball Cards and the Random Drawing Prize). The foregoing includes but is not limited to damage to participant's or any third party's computer or any information/data stored thereon in conjunction with participation in the Giveaway. By accepting baseball card(s), except in Tennessee and other jurisdictions where prohibited by law (if any), participant (if a minor, his/her parent or legal guardian) agrees to the use of participant's name, address (city, state), likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice.
7. DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL: To the fullest extent permitted by law, by participating in the Giveaway, you (if a minor, your parent/legal guardian) agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any participant and/or The Topps Company, Inc. shall be filed in either the courts of the State of New York, County of New York, USA OR the U.S. District Court for the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or The Topps Company, Inc., shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in this Giveaway but in no event attorneys' fees; and (d) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), 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 any participant and/or The Topps Company, Inc. shall be governed by and construed in accordance with the laws of the State of New York, USA without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the State of New York, USA or of any other jurisdiction.
8. WINNERS LIST.: For a copy of list of winners of Prize Baseball Cards and the Random Drawing Prize winner (only first name, last initial and city, state/province of residence will be listed), available after 03/01/2011, send a self-addressed, stamped envelope to Topps Million Card Giveaway Winner List, 401 York Avenue, Duryea, PA 18642, to be received by 02/01/2011.; SPONSORED BY THE TOPPS COMPANY, INC., One Whitehall Street, New York, NY USA 10004.; Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., MLB Advanced Media, Inc., MLB Online Services, Inc., the Office of the Commissioner of Baseball, the American and National Leagues of Professional Baseball Clubs, Baseball Television Inc. d/b/a Major League Baseball International, Major League Baseball Properties Canada Inc., and the Major League Baseball Clubs, and each of their respective shareholders, employees, parents, directors, officers, affiliates, representatives, agents, successors and assigns ("MLB Entities") and the Major League Baseball Players Association and its related entities are not responsible for the Promotion.