ThePostGame "Retweet To Win New Era Cap Sweepstakes" Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: ThePostGame "Retweet to Win a New Era Cap Sweepstakes" Promotion (the "Promotion") is open only to legal residents of the fifty (50) United States (including the District of Columbia, and excluding U.S.Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.) who are eighteen (18) years of age or older and who have a Twitter Account. Employees, officers and directors of Sports Media Ventures, Inc (DBA ThePostGame) and its subsidiaries, as well as the immediate family members (spouse, parents, siblings and children) and household members of each such employee, are not eligible. The Promotion is governed by these Official Rules, is void where prohibited or restricted by law, and is subject to all applicable federal, state, and local laws and regulations. SPONSOR: The Promotion is sponsored by Sports Media Ventures, Inc., 8401 Hillside Avenue Los Angeles, CA 90069 ("SMV" or "Sponsor").
PERIOD: The Promotion begins at 4:00 p.m. Eastern Time ("ET") on Thursday, June 30, 2016 and ends at 11:59 p.m. ET on Wednesday, July 6, 2016 (the "Promotional Period").
HOW TO ENTER:
Become a follower of ThePostGame (http://twitter.com/ThePostGame) on Twitter, if you are not already; then to enter:
• Retweet the tweet sent out from @ThePostGame with hashtag (Insert) during the Promotional Period.
Limit one (1) Entry per person during the Promotional Period. All Entries must be received by 11:59 p.m. ET on the last day of the Promotional Period in order to be entered. All Twitter accounts must be publicly accessible and public until the end of the Promotion Period.
For those who enter via mobile devices, standard message and data charges may apply.
ENTRY CRITERIA: Each Entry or Posting into the Promotion must meet the following content restrictions:
- The Posting must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
- The Posting must not contain material that is inappropriate, non-family-friendly, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
- The Posting must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- The Posting must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Entry (including Postings) is created.
For all Entries: You will indemnify and hold harmless the Sponsor, Twitter, and related entities or agents from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, your Posting, or your conduct in creating your Posting or otherwise in connection with this Promotion. Sponsor reserves the right to remove, reject or disqualify (along with the entrants who submitted them) any Entry (including any Posting) which, in its opinion or the opinion of the judges, violates any of these Official Rules or is otherwise inappropriate.
In the event of a dispute, Entries (including Postings) will be deemed made by the authorized account holder of the account submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to account by an Internet access provider, service provider or other online organization that is responsible for assigning accounts for the domain associated with the submitted account. Entries (including Postings) made by any other individual or entity that is not the person named on the submitted Entry (including Postings), or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Promotion.
By submitting an Entry (including Postings), all entrants agree that Sponsor has the unrestricted right to use the Entry (including Postings) in whole or in part, commercially or non-commercially, in all forms of media known or unknown, in perpetuity, worldwide, including the right to publish and display the Entry (including Postings) for advertising and publicity, and to edit and make derivative works, without notice or compensation, except where prohibited. Entrants also agree that Sponsor may post any Entry (including Postings), including the entrant's first name, on its Web site(s) and/or its Web pages on third-party sites.
AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein.
WINNERS PRIZE SELECTION AND NOTIFICATION: This is a game of chance. Odds of winning are based on eligible number of Entries. There is one (1) Phase to this promotion:
- At approximately 10:00 a.m. ET on Thursday, July 7, 2016, five (5) potential winners will be chosen in a random drawing, among all eligible Entries received during Promotional Period, to receive one (1) New Era 2016 MLB All Star Game hat each.
The potential winners will be notified by ThePostGame in the following way:
- Sponsor will visit the potential winner’s Twitter account and send a direct message to the potential winner. Winners will have the opportunity to choose from a selection of MLB team hats.
REQUIREMENTS OF POTENTIAL WINNERS:
- A potential winner must claim the prize within two (2) days of being notified. A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") and a confidentiality agreement ("Confidentiality Agreement") within two (2) days of being notified. If a potential winner fails to claim the prize; to sign and return the Affidavit/Release and Confidentiality Agreement within the required time period, if any prize or winner notification is returned as undeliverable, or in the event of noncompliance with these Official Rules, such potential winner will be disqualified and an alternate entrant may be selected in his/her place in a random drawing of all Entries. Only up to one (1) alternate drawing may be held after which the prize will remain unawarded. Upon disqualification, no compensation will be given.
- There will be five (5) Prizes, consisting of one (1) New Era 2016 MLB All Star Game hat each.
- The approximate total value of each prize is $40.00. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, participants agree to release and hold harmless the Sponsor, Twitter, and each of their related companies, parents, subsidiaries, affiliates, directors, officers, employees, and agents (the "Released Parties") from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Promotion or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Promotion. The Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Promotion or in the announcement of prizes. Participation in Promotion and acceptance of prize constitutes winner's permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Promotion without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible Entries received up to the time of such Force Majeure event. All Entries are the property of Sponsor and are not returnable. The laws of the state of California (USA), without regard to its conflict of law rules, will govern these Terms. Any action relating to this Promotion shall be initiated only in the state and federal courts located in County of Los Angeles, California (USA).
Twitter is not affiliated with this Promotion in any way and is not responsible for the administration of the Promotion or the awarding of any prizes. If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California law.
ONLINE REGISTRATION: This Promotion is intended for viewing in the United States only. Do not enter this Promotion if you are not located in the 50 United States or District of Columbia or if you are not a legal U.S. resident. Repetitive automated electronic submission of Entries is specifically prohibited, and any such Entries will be disqualified. Entrants who have created multiple Twitter accounts to enter will be disqualified. In the event of a dispute, the potential winner may be required to provide proof that he/she is the authorized account holder of the identified Twitter account, and Sponsor's decision will be final. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, all of which are void. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, including any error that may result in an erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of Entry. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST: The names of the winners may be obtained by sending a self-addressed, stamped envelope postmarked by October 15, 2016 to: Sports Media Ventures, Inc., 257 Park Ave South, New York, NY 10010. Attn: ThePostGame "Retweet to Win a New Era Cap Sweepstakes."