SWAG TWEET OFFICAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWAG TWEET GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. Sponsor (as defined below) has created the Swag Tweet Giveaway (the “Giveaway”), which it may discontinue at any time with or without notice. Sponsor, through its staff, has sole discretion to choose winners of the Giveaway to win a prize (the “Prize”). The Prize may include, but is not limited to, a wristband.
In order to be eligible for the Prize, participant must: (i) follow @varobaseball on Twitter; (ii) tweet a picture of participant in a baseball game and/or on a baseball field swinging a Sponsor bat weight product and (A) tag @varobaseball and (B) include #SwingVaro; (iii) direct message @varobaseball in Twitter after steps (i) and (ii) are completed.
Each participant may participate in the Giveaway one (1) time, and each Twitter account is only eligible to participate in the Giveaway one (1) time. Each participant is limited to one (1) Prize. Each photograph must be unique, and if two participants use the same photograph, both participants may be disqualified. The Giveaway ends July 31, 2015, provided, however, Sponsor may end the Giveaway prior to such date, with or without notice, in its sole discretion.
Participants are solely responsible for internet/data connection. The Giveaway is only open to legal residents of the United States, who are eighteen (18) years or age or older and live in the contiguous United States (meaning, US states except for Hawaii and Alaska).
All Prize details shall be determined in the sole and absolute discretion of Sponsor. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one or comparable or greater value at its sole and absolute discretion. The winner of a Prize is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes).
If a participant submits content to Sponsor for the Giveaway, participant grants Sponsor and its designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her content throughout the world and in perpetuity, including, but not limited to, the right for Sponsor to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the content via the Internet or any other interactive media, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the participant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming and (iii) release in perpetuity the Released Parties (as defined) from any claims, demands, content, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein. By participating in the Giveaway, each participant (a) accepts and agrees to be bound by these Official Rules, including all eligibility requirements; and (b) gives his/her express permission to be contacted by Sponsor and/or its representatives for Giveaway administration purposes. All applicable federal, state, territory, provincial and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and Twitter and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with the Giveaway, including, without limitation, errors or problems which may occur in connection with the offer or administration of the Giveaway, the processing of entries, the cancellation of games or any errors appearing in any Giveaway related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the Prize. Sponsor reserves the right to modify these Official Rules.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Giveaway, each participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Giveaway, Giveaway-related activity, participant's entry/content, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof). If the Giveaway is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Giveaway. Released Parties assume 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. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Giveaway. In the event that the Giveaway is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Giveaway, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participant who is disqualified due to such an action. As a condition of entering this Giveaway, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Giveaway, or any Prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Orange County, California 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; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, applicable to contracts entered into and performed exclusively in that State. This Giveaway may not be used for, or in connection with, any form of gambling.
For the winners’ names of any Giveaway, mail a request and self-addressed stamped envelope to Varo Baseball, Attn: Swag Tweet Giveaway Winner, 1000 Bristol St. North, Suite 17-383, Newport Beach, CA 92660. Sponsor trademarks and copyrights are proprietary to the Sponsor. All rights reserved. Sponsor shall be Mattern Enterprises, LLC dba Varo Baseball.
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