#PlayCatchContest Terms & Conditions
Baseball Lifestyle 101’s #PlayCatchContest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST WILL BE GOVERNED BY NEW YORK AND U.S. LAW. DO NOT ENTER IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS AT THE TIME OF ENTRY.
Contest Entry Period. The Contest Entry Period begins on 12:00 a.m. Eastern Standard Time (“ET”) on Friday June 26th, 2020 and ends at 11:59 p.m. ET on Friday July 17th, 2020 (the “Contest Entry Period”). All Entries (defined below) must be received prior to 11:59 p.m. ET on Friday July 17th, 2020 to be validly entered into the Contest.
Entire Contest Period. The Baseball Lifestyle 101’s #PlayCatchContest (the “Contest”) begins upon the start of the Content Entry Period (i.e., on Friday June 26th, 2020 at 12:00 a.m. ET) and will end after the Sponsor-judges determine the Prize Winner after the conclusion of the Fan Vote (defined below) at or around 12:00 p.m. ET on Thursday July 30th, 2020 (the “Contest Period”).
- Sponsors.The sponsor of this Contest is Baseball Lifestyle 101, LLC, 55 Central Avenue, Unit-O, Farmingdale, NY 11735 (“BL101”); (631) 396-0400; www.bl101.com; firstname.lastname@example.org (the “Sponsor”).
- Eligibility: The Contest is open to legal residents of the fifty (50) United States and the District of Columbia. Contest participants must be age 13 or older as of the date of Entry (defined below). The following individuals are not eligible to participate: (i) employees of Sponsor or any of their subsidiaries or affiliate companies, or the employees of their Contest sponsors/partners, or any of their advertising, marketing, promotional and fulfillment agencies, (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Contest is subject to all federal, state and local laws and regulations and is void outside of the United States, and where prohibited by law.
- Entry Material Requirements and Prohibitions.By participating in the Contest, each Entrant (defined below) warrants and represents that his or her Entry Material (as defined below):
- is original to him or her and that the Entrant has all necessary rights in and to the Entry Material used to enter the Contest;
- does not violate any law, statute, ordinance or regulation;
- does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals (and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence);
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and,
- is not defamatory, trade libelous, pornographic or obscene material, in the opinion of the Sponsor, and further, that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
- explicit, graphic or excessive sexual activity;
- crude, vulgar or offensive language and/or symbols;
- derogatory characterizations of any ethnic, racial, gender, sexual or religious groups;
- content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- information known by you to be false, inaccurate or misleading;
- personal information of individuals, including, without limitation, names and addresses (physical or e-mail);
- commercial messages, comparisons or solicitations for products or services other than those of the Sponsor or the Sponsor’s contest partners;
- any identifiable third party products and/or trademarks or brands;
- any representation of celebrities, athletes, musicians, or any other public figure; or
- any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.
- Sponsor’s Ability to Edit Entries; No Guarantee. The Sponsor reserves the right, in its sole discretion, to edit or modify any Entry, in order to ensure that the Entry Material complies with these Official Rules; or, in response to a complaint received with respect to the Entry Material; or, for any other reason. However, the Sponsor does not guarantee that Entrant will have any recourse through the Sponsor to edit or delete any Entry Material that is submitted.
Agreement to Official Rules: Submitting an Entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Sponsor-elected judges, which shall be final and binding on all matters relating to the Contest.
- How to Enter: There is NO PURCHASE NECESSARY to participate in the Contest. There is no cost to enter the Contest. Each video that meets the criteria in this Section 7, and otherwise complies with these Official Rules, constitutes an Entry, and an individual person may submit multiple Entries, however, we encourage each Entry to be unique. The odds of winning will depend on the number of eligible Entries, together with the characteristics of the Entry (measured by the Judging Criteria) and the results of the Fan Vote.
- Create Your Entry: To create your Entry, record a video of yourself playing catch with a baseball or softball (by yourself or with a partner or partners) and natively post that video to your public Instagram, Twitter or TikTok feed and use the hashtag #PlayCatchContest (an “Entry” or “Entries” or “Entry Material”).
- Content Requirements: Please make sure that your Entry complies with the Eligibility Requirements set out in Sections 3, 4 and 5 and otherwise complies with these Official Rules.
Submit Your Entry: Entries must be posted by 11:59 p.m. ET on Wednesday July 15th, 2020 as described in these Official Rules. This is the only one way to submit an Entry:
- Publicly Post your Entry: Natively post your Entry to your Instagram, Twitter or TikTok account and use the hashtag #PlayCatchContest. Your social media account must be public in order to validly submit an Entry. Entries must be received before the Contest Entry Period ends. Each potential Entrant is solely responsible to take all steps required for Sponsor to be able to detect and view his or her Entry. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry post using a search to find eligible Entries.
- Entrant.Each person that submits an Entry is an Entrant.
- Data and Message Rates. Data and message rates may apply. Other charges may also apply; check your mobile plan for rates/details.
- Proof of Transmission; No Automated Entries.Proof of transmission (e.g. screenshots or captures, etc.) does not constitute proof of delivery of an Entry or receipt by Sponsor of that Entry. Entries generated and/or transmitted (or, in Sponsor’s sole opinion, suspected of being generated or transmitted) by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Sponsor will not be responsible for late, lost, illegible, falsified, damaged, altered, misdirected, mutilated, garbled or incomplete Entries, which, at the sole discretion of Sponsor, may be voided by Sponsor or void and of no effect.
- Selection of Finalists and Prize Winners.
- Selection of Finalists. Each submitted Entry will be judged by a panel of Sponsor-selected judges based on Creativity/Originality (34%), Quality of Video (33%) and Relevance to Contest Theme (33%) displayed in the Entry (the “Judging Criteria”). There will be a total of ten finalists (the “Finalists”) selected by the panel of Sponsor-selected judges on or around July 18th, 2020. The selection of the ten Finalists by the Sponsor-selected judges will be final and binding and cannot be appealed. The Finalist will then participate in the Fan Vote described below. In the event of a tie among any potential Finalist Entries, the score for Creativity/Originality will be used as the tie-breaker.
- Fan Vote via Instagram Polling. During the period beginning on or around 12:00 p.m. ET on July 18th, 2020, and ending on 12:00 p.m. July 30th, 2020 (the “Voting Period”), fans will have the opportunity to vote for their favorite Finalist Entry by way of a voting conducted via Instagram Polling on Sponsor’s Instagram account (baseball_lifestyle 101) as described in this Section 10(b) (collectively referred to as the “Fan Vote”).
- The Fan Vote process will be conducted by a single-elimination, knockout bracket tournament via Instagram Polling on Sponsor’s official Instagram account (baseball_lifestyle 101) with the winners in each round determined by popular vote via Instagram Polling. The placement of the ten Finalist Entries within the knockout tournament brackets will be at the Sponsor’s sole discretion. The ten Finalist Entries will be announced on the Sponsor’s official Instagram account at or around 12:00 p.m. ET on July 18th, 2020.
- The Fan Vote knockout bracket tournament via Instagram Polling will work as follows:
- First Round – all 10 Finalists will be paired off in 5 groups of 2 Entrants (the pairings will be randomly generated by Sponsor). The Entries of each Entrant in each of these pairs will offered up for popular vote (i.e., a contest between the two Entries from each pair) through a Sponsor Instagram Story on Sponsor’s official Instagram account (baseball_lifestyle 101). The highest vote-getter from each pair will advance from the First Round, leaving 5 Finalists at the end of the First Round. The top overall vote-getter of these 5 First Round pairs will get a “bye” and advance to the Third Round.
- Second Round – Same process as the First Round, but with 2 pairs of Entrants, which will leave 2 top-vote getters (one from each pair) from this Second Round that will advance into the Third Round.
- Third Round – After the Second Round, there will be 3 Finalist remaining (one from the First Round, which will be the top vote-getter from the First Round and 2 from the Second Round). The top vote-getter of the remaining three Finalist will get a “bye” into the Final Round. For purposes of this Third Round, “top vote-getter” will be measured by the votes from the First Round (for the Finalist from the First Round that got a bye into this Third Round) and will be measured by the votes from the Second Round (for the two Finalists from the Second Round that advanced into the Third Round). The remaining two Finalists will pair off. The top vote-getter of those 2 will advance to the Final Round.
- Final Round – After the Third Round, there will be two remaining Finalists ((i) the one who got a “bye” into this Final Round; and (ii) the top vote-getter from the Third Round). Those two will pair off and the top vote-getter in the Final Round will be the winner (the “Winner”).
- Voting for the First Round will start on 12:00 p.m. ET on July 18th, 2020 and end on 12:00 p.m. ET on July 23rd, 2020 Voting for the Second Round will start on 12:00 p.m. ET on July 24th, 2020 and end on 12:00 p.m. ET on July 25th, 2020. Voting for the Third Round will start on 12:00 p.m. ET on July 27th, 2020 and end on 12:00 p.m. ET on July 28th, 2020. Voting for the Final Round will start on 12:00 p.m. ET on July 29th, 2020 and end on 12:00 p.m. ET on July 30th. Remaining Entries after each round will be announced on the Sponsor’s official Instagram account.
- Subject to verification of eligibility and compliance with the terms of these Official Rules, the Winner will be the prize winner (the “Prize Winner”). There will only be one Prize Winner, and the Prize Winner will win one (1) prize. The Prize Winner will be determined at the conclusion of the Final Round on 12:00 p.m. ET on July 30th, 2020 and announced at approximately 8:00 p.m. ET on July 30th, 2020 on the Sponsor’s official Instagram account. In the event of a tie in the popular vote in any round, tied Entries will be re-judged by the Sponsor-elected judges based on the Judging Criteria and such determination will be final.
- Votes generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void.
People can cast their vote via an authorized Instagram account on Sponsor’s official Instagram account. For each bracket in each round, people are limited to one vote per authorized Instagram account on theSponsor’s official Instagram account. The Sponsor may adjust the vote counts at any point in the competition to discount votes from those who attempt to vote for a single Entry multiple times in one round on one social media platform.
- In the event of a dispute about the identity of any winner, the winner’s identity will be decided via the identity of the authorized account holder of the Instagram, Twitter or TikTok account (as applicable) used for the Entry, determined as of the time the Entry is submitted.
- Prize and Approximate Retail Value (“ARV”).
- There will be one Prize, consisting of $1,000 cash and a $1,000 Easton product credit (collectively, the “Prize”). The total approximate retail value of the Prize is $2,000 USD and will be delivered to the Prize Winner by mail and/or email within approximately 90 days of the end of the Contest Period. No additional remuneration or financial sponsorship will be provided by the Sponsor and the Sponsor is not liable for any other additional costs associated with winning this Contest or the Prize. No transfer, substitution or cash equivalent for the Prize or any portion of Prize will be permitted, except at the sole discretion of the Sponsor due to Prize unavailability for any reason, including but not limited to, cancellation, scheduling conflicts or an event of force majeure; and, in such circumstance, an alternate prize/prize component of equal value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. All applicable taxes (including federal, state, and local income taxes), duties, if any and the like are the sole responsibility of the Prize Winner.
- The Prize Winner is subject to determination of eligibility and verification before the Prize will be awarded.
- Winner Notification and Requirements:
- Prize Winner will be notified via Instagram Direct Message. The Prize Winner will be required to:
- sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things):
- confirms compliance with the Official Rules;
- acknowledges acceptance of the Prize as awarded;
- provide Sponsor with a true and accurate completed IRS W-9 form.
- releases the Sponsor and its employees, officers, directors, agents, representatives, successors and assigns, together with (a) the Contest sponsors their employees, officers, directors, agents, representatives, successors and assigns; and (b) the employees, officers, directors, agents, representatives, successors and assigns of the Sponsor’s affiliates and of the Contest sponsors’ affiliates (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected Entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof;
- agrees to the publication, reproduction and/or other use of the selected Entrant’s Entry, name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor or any Contest sponsor, in any manner whatsoever, including print, broadcast or the internet;
- an assignment from the Entrant to Sponsor of all of the Entrant’s intellectual property rights in the Entry, together with a promise from the Entrant to Sponsor that the Entrant will indemnify all the Releasees for all third-party claims against any Releasee that pertain to the Entry or the Contest.
- If the Prize Winner cannot be contacted by Instagram Direct Message, or fails to respond, or fails to return the Sponsor’s declaration and release form within the specified time, he or she will forfeit his or her Prize, and an alternative winner may be selected, in the sole discretion of the Sponsor.
- General Rules:
- Subject to Applicable Laws.This Contest is subject to all applicable federal, state and local laws and regulations.
- Sponsor’s Decisions Final.The decisions of the Sponsor and Sponsor-elected judges with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or Entrants.
- Entrants’ Agreement.By participating, each Entrant: (i) agrees to be bound by these Official Rules; (ii) without limiting any other provision of these rules, grants to the Sponsor, in perpetuity, a non-exclusive license (with sublicensing rights) to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; (iii) waives all moral rights in and to his/her Entry in favor of the Sponsor; (iv) releases the Releasees from any and all liability in connection with claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, the Prize, or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light); (v) agrees to release and hold harmless the Releasees from and against any and all claims that pertain to the Entry or the Contest and (vi) agrees to hold the Releasees harmless from any and all claims costs, losses, or damages of any kind arising out of or in connection with the Contest and the Entry, including any use of the Entry or Prize by any third parties.
- No Releasee Liability.The Releasees will not be liable for any failure of any website or social media platform during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the internet or at any website or lost, late, illegible, incomplete, misdirected Entries; or any combination of the above. The Releasees will not be liable for any injury or damage to an Entrant’s or any other person’s computer or mobile device (as applicable) related to or resulting from participating or downloading any material in the Contest.
- Entries Belong to Sponsor.All Entries become the property of the Sponsor and none will be returned.
- Disqualification.Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or Sponsor’s website or with Instagram, Twitter or TikTok; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or any person whom Sponsor suspects has engaged in the foregoing.
- Identity of Entrant.All Entries will be declared made by the authorized account holder of the Instagram, Twitter or TikTok account that is used to submit the Entry at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to the Instagram, Twitter or TikTok account by Instagram, Twitter or TikTok, as applicable.
- Withdrawal, Amendment, Suspension. The Sponsor reserves the right, in its sole discretion, to withdraw, amend or suspend this Contest (or to amend these Official Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole discretion, to cancel, suspend or amend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, administrative error, or other error of any other kind.
- Intellectual Property. All intellectual property used by the Sponsor or any Releasee in connection with the Contest, including, without limitation, all trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or the Releasees. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
- Discrepancy or Inconsistency. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: social media postings, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
- NEW YORK LAW GOVERNS.As a condition of entering the Contest, except as prohibited by law, you agree that: (1) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (2) any and all claims, judgments, and awards WIll be limited to actual out-of-pocket costs incurred (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), but in no event will any claim, judgment, or award include attorneys’ fees or court costs. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES, ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Contest, shall be 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. By participating in this Contest, you consent to the State of New YORK as the venue for settling any dispuTE. EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
- Invalidity or Unenforceability. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not here. Sponsors’ employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
- Winners List: For a winners list, contact email@example.com.
- This Contest is not sponsored, endorsed or administered by, or associated with, Instagram, Twitter or TikTok and Entry information will not be shared with Instagram, Twitter or TikTok. All use of Instagram, Twitter or TikTok by an Entrant must comply with Instagram’s, Twitter’s or TikTok’s Terms of Service and all other applicable Instagram, Twitter or TikTok rules and policies. Instagram, Twitter and TikTok are completely released of all liability by each Entrant in this Contest. Any questions, comments or complaints regarding the contest must be directed to the Sponsor and not Instagram, Twitter or TikTok.