@MLBPlayersInc SWEEPSTAKES — OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. If you choose to participate via mobile phone, message and data rates may apply, based on your wireless carrier’s rate plan, even if your use of a mobile phone does not result in Sweepstakes entry. Internet access may not be available from your wireless carrier, or in your area.
1. GENERAL INFORMATION:
The @MLBPAClubhouse Sweepstakes consists of 30-200 separate random draws (each, a “Sweepstakes” and collectively, the “Sweepstakes”) per each Major League baseball season, including the spring training period and the postseason for such season (collectively, the “Sweepstakes Period”). The sponsor of the Sweepstakes is Major League Baseball Players Association (the “Sponsor”). By entering and/or participating in any Sweepstakes promoted by the @MLBPAClubhouse Twitter account (the “Official Twitter Account” or “@MLBPAClubhouse”), you agree to these official rules (“Official Rules”).
2. BINDING AGREEMENT AND RULES:
These Official Rules are a binding contract, so read them carefully before participating. By entering and/or participating, each entrant/participant (“entrant”, “participant” or “you”) agree that he/she has read these Official Rules and to abide by and to be bound by the terms and conditions herein. False and/or deceptive entries or acts shall render entrants ineligible. This contract includes without limitation indemnification by you to the Released Parties (defined below) and a limitation of your rights and remedies. The details and requirements for entry or participation in any Sweepstakes shall be provided by the Official Twitter Account, and/or on https://www.facebook.com/MLBPAClubhouse/ from time to time, in the sole and complete discretion of Sponsor. Entries via Twitter must follow the directions provided by Official Twitter Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Sweepstakes.
A. NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, age eighteen (18) years or older at the time of entry, who have Internet access during the applicable Entry Period (defined below) and, for Twitter Entries, a valid, public (i.e., not protected) Twitter account. Employees, their spouses and immediate families (defined as parent, child, sibling, and any of their respective spouses) and household members (whether or not related) of Sponsor and its members, affiliated entities, parent companies and subsidiaries, and each of their employees, officers, directors, trustees, board members and agents are not eligible to enter or win (Sponsor and its affiliated entities, collectively, the “Sweepstakes Entities”).
B. The Sweepstakes is governed by United States law and is subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, entrants agree to accept and be bound by applicable law and all terms of these Official Rules. Void where prohibited by law, rule or regulation.
C. For Twitter Entries, entrants must be a member in good standing of Twitter, adhere to all Twitter Rules, Terms of Service and any other Twitter terms and conditions, and must follow @MLBPAClubhouse on Twitter at https://twitter.com/MLBPAClubhouse. There is no charge to become a member of Twitter or to become a follower of @MLBPAClubhouse. If you “tweet” with Twitter via your wireless phone, message and data rates may apply, and your wireless-service provider may charge you for each text message sent and received. Please consult your wireless-service carrier/provider regarding its pricing plans. Internet access may not be available on all wireless carriers or in all areas. If you already have a Twitter account, log onto Twitter using your Twitter user name and password, then become a follower of @MLBPAClubhouse by searching for “MLBPA,” clicking on the MLBPA icon and then clicking the “Follow” button. If you do not already have a Twitter account, follow the instructions on the Twitter website (www.twitter.com) to create a Twitter account and then follow the instructions indicated above to “follow” MLBPA on Twitter. Please note that you must agree to comply with all the applicable Twitter terms and conditions in order to create a Twitter account. By clicking “Follow,” among other things, entrants are granting the Sweepstakes Entities the right to contact entrants through Twitter to communicate with them about the Sweepstakes and their submissions.
4. SWEEPSTAKES PERIOD:
For each Sweepstakes, there will be a designated entry period (each an “Entry Period”). The time and date of each Entry Period will be at Sponsor’s sole and complete discretion, and will be set by the Official Twitter Account. Each Entry Period will begin when the Sponsor sends a Sweepstakes Message (defined below) from the Official Twitter Account and will end at the time indicated in the Sweepstakes Message. The Entry Periods typically will fall within the Sweepstakes Period; however, Sponsor reserves the right to hold, or not to hold, an Entry Period on any date, in its sole and complete discretion.
5. HOW TO ENTER THE SWEEPSTAKES:
A. METHODS OF ENTRY. There are two (2) possible methods of entering this Sweepstakes: (1) via correctly responding on Twitter as described in Section 5(B) below (a “Twitter Entry”) and (2) when indicated by Sponsor, via the online entry form described in Section 5(C) below (an “Online Entry”). No other method of entry will be accepted. Twitter Entry and Online Entry together are referred to as “Entries” or “Entry”. Limit one (1) Entry per person, per email address and per Twitter account for each Sweepstakes during the applicable Entry Period, regardless of method of Entry. Additional Entries beyond the specified limit will be void.
B. TWITTER ENTRY.
i. During the Sweepstakes Period, Sponsor will send, from the Official Twitter Account, a “tweet” referencing the Sweepstakes and containing a trivia question, poll question, or open question about Major League baseball players and/or other instructions for entry (each such tweet, a “Sweepstakes Message”). To enter the Sweepstakes for a chance to win a Prize, entrants must, by the designated time specified in each respective Sweepstakes Message (the “Deadline”): (a) retweet the applicable Sweepstakes Message and (b) respond with the material requested by the Sweepstakes Messages, such as the requested image or information or an answer to any question in the Sweepstakes Message, as applicable (the “Response”, via an @reply, by clicking the “Reply” link in the Sweepstakes Message, as required in the applicable Sweepstakes Message. The Response must include (1) the hashtag indicated in the Sweepstakes Message (the “Designated Hashtag”), (2) the hashtag #entry and (3) any other text or images requested by the instructions provided by the Official Twitter Account in the Sweepstakes Message, and must be received by the corresponding Deadline. ONLY RESPONSES THAT CONTAIN THE CORRECTLY DESIGNATED HASHTAGS AND CORRECTLY RESPOND TO THE SWEEPSTAKES MESSAGE (BY CORRECTLY ANSWERING THE QUESTION, PROVIDING THE REQUESTED IMAGE/INFORMATION, OR, IF NO QUESTION IS ASKED OR IMAGE/INFORMATION IS REQUESTED, OTHERWISE FOLLOWING THE INSTRUCTIONS FOR ENTRY) WILL BE CONSIDERED A TWITTER ENTRY.
ii. The time of receipt of any valid Twitter Entry shall be the time such valid entry becomes available to Sponsor on Twitter. Sponsor’s computer clock is the official time clock for the Sweepstakes.
iii. To be eligible, all Twitter Entries must (a) be received via an @reply tweet through Twitter within the Entry Period and by the Deadline corresponding to the respective Sweepstakes Message; (b) contain the Designated Hashtag and a correct or appropriate answer to the trivia question, poll question or open question or the requested image or text (or, if no question is asked or image/text is requested, then otherwise following the instructions in the Sweepstakes Message for entry); (c) not contain any personally identifiable information; and (d) in Sponsor’s sole and complete discretion, not include any illegal, obscene, defamatory, libelous, offensive or other inappropriate content, or any reference to a third party or a third party’s products or services, or any materials that violate any of the policies of the Sweepstakes Entities. Entries that fail to meet any of the foregoing criteria, as determined in Sponsor’s sole and complete discretion, may be disqualified. All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning Twitter account. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected Entries, all of which will be disqualified.
iv. NOTE: Due to the way Twitter operates its service, Sponsor may not receive entries from Twitter users with “protected” updates (i.e., entrant has set his/her account so that only people the entrant has approved can view his/her updates).
v. You must be an active holder of a non-private Twitter account and be a follower of @MLBPAClubhouse for at least two (2) weeks after the Sweepstakes Period for notification purposes if you are deemed a potential Winner.
C. ALTERNATE METHOD OF ENTERY – ONLINE ENTRY.
ii. Entrants to the Sweepstakes via Online Entry may be given the option to receive commercial e-mails and/or mobile text messages and updates from Sponsor; however, eligibility to participate in any Sweepstakes is not dependent upon entrant’s consent to receive such e-mails and/or mobile text messages and updates and consenting to receive such e-mails and/or mobile text messages and updates will not impact any entrant’s chances of winning.
D. Entries submitted by any other individual or any entity other than entrant, and/or originating at any other website or email address, including without limitation commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or software to automate the Entry process is prohibited. Entries generated by script, macro or other automated means will be void.
E. The Released Parties (defined below) are not responsible for any: incorrect or inaccurate Entry information; misdirected, incomplete, lost, garbled, late, illegible, undelivered, inaccurate or delayed Entries, or any combination thereof; human error; for technical, hardware, or software failures or malfunctions of any kind; lost, disrupted or unavailable network connections, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website; issues with availability, accessibility, technical failure or miscommunications in connection with a computer, satellite, telephone, cable or wireless transmissions, lines; failed, incomplete, garbled or delayed computer transmissions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, providers, or software, including any injury or damage to participant’s or any other person’s computer or cell phone device relating to or resulting from participation in this Sweepstakes; inability to access any text message, transmission, email connection or web page, theft, tampering, destruction, corruption or unauthorized access to, or alteration of Entries; nondelivery; incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; Entries that are processed late or incorrectly or are incomplete or lost due to cellular/mobile device, computer or electronic malfunction or traffic congestion on the Internet or on any website or email address, and/or cellular telephone lines; printing or other errors; or other errors, difficulties or problems which may limit or affect a person’s ability to participate in the Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of a prize, in any Sweepstakes-related materials or the cancellation or postponement of any Major League baseball game, event or exhibition. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Sweepstakes. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect entries received prior to the event requiring such cancellation.
F. All entries become the property of Sponsor and will not be acknowledged or returned. Proof of submitting an Entry is not considered proof of delivery or receipt. Illegible, incomplete and duplicate Entries will be disqualified. False or deceptive entries or acts will render the entrant ineligible.
G. MULTIPLE ENTRIES PER DAY BY THE SAME PERSON, REGARDLESS IF ENTRY IS THROUGH A DIFFERENT TWITTER ACCOUNT, WILL BE VOID, AND ANYONE CREATING MULTIPLE ACCOUNTS TO ENTER THIS SWEEPSTAKES WILL BE INELIGIBLE. ANY ATTEMPT DELIBERATELY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS 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.
6. WINNER SELECTION:
A. RANDOM DRAWING. Promptly following the Deadline designated in the respective Sweepstakes Message (typically within 48 hours of such Deadline, at Sponsor’s sole and complete discretion), one (1) potential winner will be selected in a random drawing from all eligible Entries received for each such Sweepstakes by representatives of the Sponsor or its designee, whose decisions are and shall be final and binding in all matters relating to this Sweepstakes. Prospective prize winners will be notified as follows: he/she will be notified within three (3) days of the drawing, via direct message to the prospective winner’s Twitter account or the email address, mailing address or telephone number (at Sponsor’s sole and complete discretion) provided by the prospective winner at the time of entry (collectively, each a “Notification”). Such prospective winner will be required to: (i) respond to the Notification, as directed therein, within three (3) days following the time such Notification was sent, providing the information contemplated in this section and any other information requested therein to verify eligibility; (ii) provide his/her correct first and last name, date of birth, daytime telephone number, a valid mailing address (no post office boxes accepted) and any other personal information requested; (iii) meet all eligibility requirements; and (iv) execute and return all necessary releases and documents (if any) required by Sponsor. Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within such three (3) day period. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules, and failure to provide all information and documents set forth herein may result in disqualification and forfeiture of the Prize, at Sponsor’s sole and complete discretion. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner(s) will be declared the official winner(s) of the applicable Sweepstakes (each, a “Winner” and collectively, the “Winners”). Limit one (1) Prize per person, family or household per Sweepstakes.
B. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder at time of entry of either the Twitter account used for a Twitter Entry or the email address submitted for an Online Entry. The authorized account holder for a Twitter Entry is deemed the natural person who is assigned to a Twitter account by Twitter. For Online Entries, the authorized account holder is the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the Twitter account associated with the winning Entry and that all eligibility requirements are met. At Sponsor’s sole and complete discretion, a potential winner may be disqualified, the Prize forfeited and an alternate potential winner may be selected by alternate random drawing from among all remaining eligible entries and an alternate Winner may be awarded the Prize, if: (i) any Notification is returned as undeliverable; (ii) a potential winner declines his or her prize; (iii) a potential winner fails to comply with any of the Official Rules as contemplated herein; or (iv) a potential winner does not respond to accept the Prize within three (3) days.
C. The decisions of Sponsor in all matters regarding this Sweepstakes are final and binding. The odds of winning a Prize depend on the total number of eligible Entries received and are equal regardless of method of Entry.
A. The prize(s) and quantity of such prize(s) to be offered in each Sweepstakes will be selected by Sponsor in its sole and complete discretion and identified by the Official Twitter Account (each, a “Prize” and collectively, the “Prizes”). The Prizes will be awarded as follows: there will be 30-200 separate random draw Sweepstakes and each of the 30-200 separate Sweepstakes Winners will receive a Prize. Exact Prize details shall be determined in the sole and complete discretion of Sponsor. The approximate retail value (“ARV”) of each Prize will be $5-$400. TOTAL ARV OF ALL PRIZES: $500-$4500 USD.
B. No substitution, assignment or transfer of prizes or cash redemption is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole and complete discretion. No substitution for the prize by the prize Winner will be allowed. Prize must be accepted as awarded.
C. Each Winner is fully responsible for the reporting and payment of all federal, state and local taxes (including income and withholding taxes), if any, and any other costs and expenses associated with prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. Prizes will be fulfilled within approximately four (4) weeks of Sponsor’s verification of Winner. All prize details and additional terms, conditions or eligibility requirements are in Sponsor’s discretion.
A. By entering and/or participating in this Sweepstakes, entrants consent to receive one or more Twitter messages and/or emails from Sponsor, or be contacted by Sponsor by telephone and/or postal mail for Sweepstakes purposes. By entering or participating in this Sweepstakes, entrant grants Sweepstakes Entities and their designees the right, unless prohibited by law, to use and publicize his/her name(s), Twitter user name, cities and states of residence, voice, avatar, photograph, image, statements and likeness, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Sweepstakes Entities and all matters related to the Sweepstakes, in any manner or medium, now known or hereafter devised, throughout the world, in perpetuity. Each Winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize such Winner’s name, address (city and state/province of residence), photograph, image, 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.
B. By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Released Parties for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The term “Released Parties” shall mean the Sweepstakes Entities and each of their respective parents, affiliated companies, subsidiaries, officers, directors, trustees, employees, agents, licensees, distributors, dealers, retailers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, members, trustees, agents and representatives.
C. THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
D. If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any email address, web site or cellular telephone number or service associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper Entry to this Sweepstakes and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, cheating, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole and complete discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is canceled, the Sponsor will conduct a random drawing to award the prize from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at www.facebook.com/pages/MLBPA-Players-Clubhouse/1456216447928390 or https://twitter.com/MLBPAClubhouse, at Sponsor’s discretion. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR EMAIL, CELLULAR TELEPHONE NUMBER OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Persons who abuse any aspect, or attempt to undermine the legitimate operation, of the Sweepstakes or website, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole and complete discretion.
A. Except where prohibited, as a condition of entering any Sweepstakes, each entrant agrees that (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded will be resolved individually, without resort to any form of class action, consolidation or joinder, and exclusively by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association 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 located in New York County, New York; (ii) any and all claims, judgments, and awards to entrants will be limited to actual out of pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages other than for actual out of pocket expense and any and all rights to have damages multiplies or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or entrants’ and/or Sponsor’s rights and obligations in connection with the Sweepstakes are governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
B. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in sweepstakes materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
11. OFFICIAL RULES OR WINNERS’ LIST: For a copy of the Official Rules or Winners’ List — available on or about December 31 following the end of the Sweepstakes Period during which the Sweepstakes was conducted (the “List Date”) — send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address no later than 60 days following the List Date: Major League Baseball Players Association, @MLBPAClubhouse SWEEPSTAKES, 12 East 49th Street, New York, NY 10017. Please specify “Official Rules” or “Winners” and the date of the applicable Sweepstakes Message.
SPONSOR: The Sponsor of this Sweepstakes is Major League Baseball Players Association, 12 East 49th Street, New York, NY 10017.
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