TERMS & CONDITIONS
“Entry” means the pages within the MLB Softball60 website or App which must be completed and submitted by the Team Enroller to enable a team to participate in an Event.
“Entry Confirmation” means a confirmation of acceptance of the Team to participate in the Event, sent by email to the Team Enroller by the Event Organiser.
“Event” means Series play during a five (5) week season at an Event Venue. Some Teams may also participate in a Finals Day.
“Finals Day” means a one off day at an Event Venue that teams can qualify for through the Series system.
“Event Organiser” means XYZ (a company registered in England with company number 07283844) and/or such other entity appointed by MLBE to manage, operate or promote the Event, which can be contacted by email at email@example.com
“Event Venue” means the softball venue where an Event will be held.
“Series” means a collection of Teams that participate in an Event.
“Series Rules” mean the MLB Softball60 Rules and Regulations published and displayed on the Softball60 App & web platform.
“MLBE” means Major League Baseball Europe (a company limited by guarantee registered in England with number 06737789).
“Participant” means an individual who registers to participate on a Team and receives a Participation Confirmation.
“Participation Confirmation” means confirmation of acceptance (via email) of a Participation Registration enabling participation on a Team in the Event.
“Participant Registration” means the pages within the MLB Softball60 website or App which must be completed and submitted by an individual seeking to participate on a Team.
“Team” means a team that receives an Entry Confirmation and then participates in the Series.
“Team Enroller” means the person who submits an Entry on behalf of a team seeking to enrol them to participate in a Series.
“Team Equipment” means baseball caps, softball mitts, softball bats and softball balls that are provided to the Team Enroller by the Event Organiser for a Team’s use during an Event.
“Terms and Conditions” means these Terms and Conditions, as may be amended.
“Website” means the website found at www.mlbsoftball60.com or the official MLB Softball60 App
1. ELIGIBILITY RULES
1.1. Individuals seeking to participate on a Team must be at least 18 years of age on the date of registration. Verification of eligibility must be provided upon request. Event Organizer will determine eligibility. All decisions shall be final.
1.2. Individuals seeking to participate on a Team must submit a Participant Registration, receive a Participant Confirmation. All Participants on the Team must be registered prior to the Event.
1.3. Each Participant must certify that he/she is medically fit to take part in the Event, complies with eligibility rules stated herein, and agrees to the Participant Release, Waiver and Grant of Rights included herein.
1.4. If at any time it is discovered that any Participant was ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever), the Event Organiser reserves the right to disqualify from/refuse entry to such Participant to the Event. Further, the Event Organiser reserves the right to reject at any time any Registration which is believed to be fraudulent, or to disqualify any Participant believed to have not complied with the Terms and Conditions from attending, or participating in any future events operated by or on behalf of MLBE. The Event Organiser shall not be liable in any way to the Participant as a result of such disqualification or refusal.
2. EVENT; REGISTRATION
2.1. The Event is a social softball series in which Teams of seven (7) Participants each adopt an MLB Club name and play against other Teams in the Series at Event Venues within the designated city, at an agreed time on a weekly basis over a five (5) week period.
2.2. The Event Organiser is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/Internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organiser of an Entry or Participant Registration.
2.3. Participants may be contacted regarding the Event by email, telephone call or text messages.
3. THE EVENT – Game Days and Final Days
3.1. The Event will take place on pre-determined dates specific to each Series location within a participating city.
3.2. The Event Organiser reserves the right to change the time, date and/or Event and format of the Event and to cancel the Event, in whole or in part, without notice or liability.
3.3. The Event Organiser reserves the right to reject or disqualify any Team or Participant whose conduct is inappropriate to the spirit of the Event. Individual disqualification may lead to disqualification of the entire Team for one or more games. It is expected that Teams and Participants will act in a sportsmanlike and professional manner at all times.
3.4. Each Participant agrees to abide by the Series Rules.
3.5. Each Participant has the responsibility to hydrate before, during and after the Event.
3.6. Each Participant must have his/her equipment at each game. The Event Organiser will not replace any lost or damaged Team Equipment.
3.7. Game results can only be submitted by the Team Captains immediately following the game.
3.8. The Finals Day will take place at a confirmed location. Teams will have the opportunity to qualify for the Finals Day through the Series. The Finals Day will constitute a knockout system until a Series winner is decided.
4. SERIES RULES; TERMS and CONDITIONS
4.1. The Event Organiser reserve the right to make additions, changes, or clarifications to the Series Rules without prior notice to Teams or Participants. Any change is binding upon all Teams and Participants upon notice of the change.
4.2. Series Rules are subject to interpretation by the Event Organiser. All decisions of the Event Organiser are final.
4.3. The Event Organiser reserves the right to amend, remove or add any Terms and Conditions at any time.
4.4. No drugs or illegal substances are permitted to be brought to the Event or used by any Participant either before or during participation in the Event. The Event Organiser reserves the right to refuse attendance at, or participation in, the Event to any persons believed to have consumed or to have in their possession any drugs or illegal substances.
4.5. Violation of any of the Series Rules or Terms and Conditions may result in disqualification of any Participant and/or Team for the Event. The decision of the Event Organiser is final.
5. PARTICIPANT’S DECLARATION
5.1. Each Participant agrees to be bound by the Series Rules and the Terms and Conditions.
5.2. Each Participant agrees that any medical information provided during Registration may, where deemed necessary, be used for assisting medical staff to treat or otherwise assist the Participant as a result of illness or injury at the Events. The Event Organiser shall not be under any obligation whatsoever to process, analyse, or otherwise take action on such information, either during or after Registration. Participant undertakes and agrees to inform the Event Organiser of any pertinent change in his/her medical condition. Each Participant is encouraged to have a physical examination by a healthcare professional.
5.3. Participant acknowledges that if he/she becomes ill during or after the Event and/or received medical attention or treatment from an Event medical provider, or any doctor or hospital, Participant authorises such persons to provide the details (including details of medical treatment) to the Event Organiser or others authorised by the Event Organiser, subject to maintaining appropriate levels of confidentiality.
5.4. Participants’ data will be used solely in accordance with current data protection legislation. The Participant acknowledges that personal information (including medical information submitted) can be stored, used and disclosed by the Event Organiser in connection with the organisation and administration of the Events and for the compilation of anonymised statistical information.
5.5. The Event Organiser does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant. The Participant is advised to obtain such insurance.
5.6. Each Participant agrees to the Participant Release, Waiver & Grant of Rights below.
PARTICIPANT RELEASE, WAIVER & GRANT OF RIGHTS
I acknowledge that my participation in any Major League Baseball activity or event (each, an “Event”) is voluntary and that the opportunity to participate in the Event will be sufficient consideration for this Participant Release and Waiver (“Release”). I represent that I understand the nature of my presence in the Event. I acknowledge that if I believe conditions are unsafe in any way, I will immediately cease participation in the Event. I fully understand that participation in the Event may involve bodily injury, illness, or property damage, including permanent disability, paralysis, and death, which may be caused by my own actions or inactions, those participating in the Event (directly or indirectly), the conditions in which the Event takes place, and the negligence of MLBE or any MLBE Person (as each is defined below). I understand, accept, and assume all risks and dangers inherent and relating to my participation in the Event.
To the fullest extent permitted by applicable law, I hereby release, forever discharge, and covenant not to sue Major League Baseball Europe, Ltd., Major League Baseball Properties, Inc., MLB Advanced Media, L.P., the Office of the Commissioner of Baseball, each of the Major League Baseball clubs, BELP Ventures I, LLC, Limelight Sports Ltd (or any of its affiliates, employees or directors), the owners and operators of the venue on which the Event is held, and other past, present and future affiliated entities associated with the Event (collectively, “MLBE”), the City in which the Event is held, and each of their respective past, present and future related entities, subsidiaries, affiliates, officers, directors, partners, owners, shareholders, governors, agents, independent contractors, servants, officials, employees, including, without limitation, players, managers and coaches, volunteers, successors, assigns, rightsholders, sponsors, and/or other licensees (each, an “MLBE Person” and, collectively, the “MLBE Persons”), and MLBE and/or the MLBE Persons will not be responsible for any death, illness, personal injury, property damage, or other loss suffered as a result of my participation in the Event, including as a result of the negligence of MLBE or any MLBE Person. The foregoing will constitute a release and waiver of all liability, claims, demands, losses, or damages of whatever kind or nature, either in law or in equity, on my account arising from participation in the Event.
By signing below and/or participating in the Event, I hereby grant MLBE and the MLBE Persons the irrevocable, non-exclusive, transferable, sub licensable and assignable right to depict, without any additional consideration, for two hundred (200) years, in any and all media now or hereafter known, my likeness, image, name, words, voice and/or biographical information (collectively, “Images”) in photographic or other works for purposes of promoting, advertising, or marketing the Event and current or future events related to baseball and/or the Events, and I agree that such Images may be used by MLBE and/or the MLBE Persons for all such purposes. In addition, in connection with the use of the Images, I hereby release and waive any action or cause of action that I may assert in connection with the use of the Images including, but not limited to, any claims which I have or may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear.
I further agree that by signing below, I hereby forever release, discharge and covenant not to sue MLBE and/or the MLBE Persons, and I will indemnify and defend MLBE and the MLBE Persons from and against any and all liability arising from participation in the Event. I hereby sign this Release for myself, my personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make such a claim on my behalf. I further agree that if, despite this Release, including the waiver of liability and assumption of risk, I, or anyone on my behalf, makes a claim against MLBE and/or any MLBE Person, I will indemnify, save, and hold harmless each of such persons and/or entities from any claim, loss, liability, damage, or cost which may incur as a result of such claim, including attorneys’ fees incurred by any such persons or entities defending against such claims.
This Release will be governed by the laws of the laws of England and Wales, without regard to applicable conflicts of laws provisions or the principles of comity. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to the matters released herein. This Release is intended to cover all disputes, controversies or claims (“Claims”) in connection with and/or arising out of my participation in the Event. Should any Claims be deemed not to be covered by this Release, I agree that all such Claims that I wish to pursue (including any question regarding its existence, validity, formation or termination): (i) must be brought against Major League Baseball Europe, Ltd. only and may not be brought against any other MLBE entity or MLBE Person and (ii) must be brought on an individual basis only through confidential, final and binding arbitration at the London Court of International Arbitration (“LCIA”), in London, England before a private and impartial arbitrator conducted in accordance with the rules of the LCIA. I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly with any other person any claim against MLBE or any MLBE Person. I agree that the arbitrator will have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. In agreeing to submit all Claims for resolution by arbitration, I acknowledge that such agreement is given in exchange for the rights to which I am not otherwise entitled: namely being permitted to participate in the Event and the more expeditious and confidential resolution of any such disputes. I represent that I am eighteen (18) years of age or older.
I HAVE READ THIS RELEASE AND HAVE VOLUNTARILY AGREED TO IT. I ACKNOWLEDGE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN STATEMENT HAVE BEEN MADE OR OFFERED TO ME BY MLBE OR MLBE PERSONS.