USA Baseball Logo Files
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The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 18 years or older.
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on October 15, 2019 until 11:59 p.m. Eastern time on October 30, 2019 (the “Promotion Period”), you may enter the USA Baseball Pop Socket Design Contest (the “Promotion”) by submitting a Submission (as defined below) via email to shop@usabaseball.com. Incorrect and incomplete entries are void. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. All Submissions must be received by 11:59:59 a.m. ET on October 30, 2019 to be eligible.
- Submission Requirements: Submissions for the Promotion must consist of a graphic design made from the Pop Socket design template made available by Sponsor, celebrating or promoting youth baseball (collectively, the “Submissions” and each, a “Submission”). Entrants should visit https://usabaseballshop.com/blogs/blog/usa-baseball-popsockets-design-contest (the “Website”) for additional details about the Promotion prior to creating and submitting a Submission. Each Submission should meet the following formatting requirements: 1000x1000 JPEG or PNG squares. The image must be attached to the Submission email; if submitted in any other manner or at any other time, the Submission will not be accepted.
If you are selected as the prospective winner, you will be required to execute and return releases and additional documentation supplied by Sponsor, as well as original and working design files, in accordance with Sponsor’s instructions or such prospective winner will be disqualified. Incomplete and/or late Submissions will also be disqualified. Completed Submissions that are created and received within the guidelines contained in these Official Rules shall be referred to herein as “Eligible Entries”. Submissions that are not your original work and/or illegible/corrupted/garbled or incomplete entry forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.
Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations or logins, or any other methods, may void your entries and you may be disqualified from the Promotion. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
In addition to complying with the above, the Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights (Submission should not refer to or depict products by brand name); (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language or content that promotes alcohol, tobacco, or drug use or any illegal activity; (f) any language or content that is disparaging to any of the Promotion Entities; or (g) any other language or content that Sponsor determines is not reasonably related to the Promotion.
- Representations and Warranties:By making a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission and have obtained any necessary third-party clearances; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit original Submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.
- Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 18 years of age or older and legal age of majority in applicable jurisdiction as of the Promotion start date. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
- Privacy: In connection with the Promotion entry process Sponsor will be collecting personal data about Entrants in accordance with its privacy policy. Please review Sponsor’s privacy policy located at: https://www.usabaseball.com/about/privacy-policy. By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor’s use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.
- Intellectual Property. Sponsor may make available to Entrant content, images, video, text, logos, or other material developed or provided by Sponsor, its employees, or agents (“Sponsor Materials”). All Sponsor Materials, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto, shall remain the sole and exclusive property of Sponsor. Entrant shall have no right to use, reproduce, disclose, distribute, alter, make derivative works, publish, and/or sublicense Sponsor Materials for any purpose other than to create and submit a Submission. Entrant agrees to cooperate with Sponsor to effectuate the ownership provisions of this section by taking all actions reasonably required to assert or protect Sponsor’s ownership of the Sponsor Materials. Entrant retains no rights, title, or interests in the Sponsor Materials.
- Limitations of Liability: United States Baseball Federation Inc., dba USA Baseball (“Sponsor”) and other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website or send e-mail; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the prize winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
- How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select three (3) finalists (each, a “Finalist”) based on the following judging criteria (the “Judging Criteria”): (a) 34% based on originality; (b) 33% based on patriotism; and (c) 33% based on relevance to baseball. If a selected Finalist is deemed ineligible or cannot be reached within two (2) days of first notification attempt, another Finalist will be selected.
Each Finalist confirmed by Sponsor to be eligible and to have an eligible Submission associated with it will be matched against each other in a public vote posted by Sponsor on social media from the time Finalists are announced until 11:59pm ET on November 4, 2019 (the “Voting Period”). The Finalist that receives the most verified votes during the Voting Period will be the winner of the contest (the “Winner”). Dates and times are subject to change. Sponsor reserves the right to alter the above schedule or remove a Finalist at its sole discretion and without advance notice.
To cast a valid vote, in any round, users must follow the instructions included in the Sponsor social media post(s) on which the vote is held. Each social media response properly submitted in favor of a Finalist during the Voting Period will count as one (1) vote. Finalists and their employees, agents, and any other entity acting on a Finalist’s behalf, are prohibited from soliciting votes by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such votes disqualified. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all votes Sponsor determines, at its sole discretion, to have resulted from the use of such method. Ties will be broken based on an equitable method determined by Sponsor at its sole discretion. All results are unofficial until verified by Sponsor. Sponsor’s decisions with respect to the Finalists, voting, prize winners, and other matters pertaining to the Promotion shall be final.
Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that no eligible entrants exist from which to determine a Prize Winner, then Sponsor may in its sole and exclusive discretion determine that no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
- Prize Conditions: The Winner will be notified by email on or around November 12, 2019, to be determined by Sponsor. The Winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the Winner within three (3) days from first notification attempt, if the Winner fails to complete and return all requested forms by the specified date, or if the Winner fails to comply with any of the requirements, their prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission that is not already receiving a prize.
- Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Ownership of Submissions: By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.
- Prizes: The Winner will (i) receive a $250 gift card from the USA Baseball Shop; (ii) have their Submission featured on a pop socket sold through the USA Baseball Shop; and (iii) receive three (3) pop sockets featuring their winning design. Approximate retail value (“ARV”) of the First Prize: $286.00.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the prizes not specifically addressed above are the sole responsibility of the Winner. All federal, state and local taxes on the prizes are the Winner’s responsibility.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prizes, or portions thereof, with a prize of equal or greater value.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of North Carolina. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Wake County, North Carolina, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of North Carolina. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Winner List: Beginning on or about November 12, 2019 you may obtain the name of the prize winners by going to the Website.
- Sponsor: United States Baseball Federation Inc., dba USA Baseball, 1030 Swabia Court, Suite 201, Durham, NC 27703.