ONLINE SWEEPSTAKES RULES
SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
To enter: Access www.baseballexpress.com between 12:00:01 a.m. CT on November 1, 2014 and 11:59:59 p.m. PT on December 31, 2014 (“the Sweepstakes Period”) and follow the on-screen instructions. Limit one (1) entry per Sweepstakes Period, per person and per e-mail address, regardless of whether more than one person uses the same e-mail address. Automated entries are prohibited, and any use of such automated devices will cause disqualification. All entrants must have a valid e-mail address to enter. In case of dispute as to identity of the winner who enters, entry will be declared made by the registered user (meeting eligibility criteria) of the e-mail account, and if a prize is won, it will be awarded to that registered user.
Prizes: One (1) Grand Prize: (1) Any Easton MAKO Baseball Bat of your choice available on www.baseballexpress.com (Approximate Retail Value (ARV): up to $449.95). No cash substitutions for prizes will be permitted and prizes are non-refundable and non-transferable, except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value. Limit one prize per person/e-mail address per Sweepstakes Period. Federal, state and local taxes on prize are solely the responsibility of the winner.
Winner Selection: Winners will be selected in a random drawing from all eligible entries received for the Sweepstakes Period on January 14, 2014. Odds of winning depend on number of eligible entries received for that Sweepstakes Period. Winners will be notified by e-mail. By entering the Sweepstakes, entrants accept and agree to these rules and the decision of the judges, which shall be final. Return of any prize or prize notification as undeliverable will result in disqualification and an alternate winner may be selected. By accepting a prize, winner agrees to allow use of his or her name, likeness and/or biographical information for advertising and promotional purposes in any and all media (including online) without limitation as to time or territory and without additional compensation, except where prohibited.
Eligibility: Sweepstakes open to legal residents of the 50 United States and District of Columbia, 18 years or older. Employees of Team Express Distributing, LLC, their respective affiliates, subsidiaries, promotion and advertising agencies (collectively, the “Promotional Parties”), and the immediate family members of such employees (including spouse, siblings, and parents and their spouses) and persons living in the same household as such employees are not eligible. Void where prohibited by law.
Disclaimers: Sweepstakes Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access the Sweepstakes, the Website, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the prize for the winner and his/her guest due to reasons beyond Sponsor and/or Sweepstakes Entities control and/or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE EXCLUSIVE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE CITY OF SAN ANTONIO AND THE STATE OF TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF SAN ANTONIO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
For a copy of the winners list, send a self-addressed stamped envelope to: WIN ANY EASTON MAKO BASEBALL BAT, 5750 Northwest Pkwy, Suite 101, San Antonio, TX, 78249.
Requests must be received by 01/28/15.
Winners list will be sent after all prizes have been awarded. This offer may not be published elsewhere without the written permission of Sponsor.
Sponsor: Team Express Distributing, LLC
5750 Northwest Pkwy, Suite 101
San Antonio, TX, 78249