NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES
OF WINNING. VOID WHERE PROHIBITED.
By taking part in this Sweepstakes (as defined below) you accept and agree to be bound by these Official Rules and agree that all decisions of Sponsor are final and binding. These Official Rules apply only to this Sweepstakes and not to any other promotions, contests, sweepstakes, or giveaways sponsored by New Era.
SPONSOR: This Sweepstakes is sponsored by New Era Cap, LLC, 160 Delaware Ave., Buffalo, NY 14202 (“New Era” or “Sponsor”).
SWEEPSTAKES PERIOD: The NEW ERA MLB ALPHA BASEBALL BAT INSTAGRAM SWEEPSTAKES (the "Sweepstakes") entry period begins on August 4, 2022 at the time of @neweracap’s and @neweracapstyle’s Posts (defined below) and ends August 23, 2022 at 11:59PM Eastern Time (the “Sweepstakes Period”).
ELIGIBILITY, RESIDENCY AND AGE: The Sweepstakes is open only to legal residents of the United States who are eighteen (18) years of age or older as of the date of entry (each, a “Participant”). Employees, officers, representatives or agents of Sponsor, Alpha, the MLB Entities (as defined below), and their affiliated entities and subsidiaries, and their immediate family members (spouse, parents, siblings, children, in-laws, grandparents, grandchildren),
are not eligible to enter. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB
Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. This Sweepstakes is subject to all federal, state and local laws and regulations. VOID anywhere outside of the Territory and VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.
HOW TO ENTER THE SWEEPSTAKES: On August 4, 2022, @neweracap and @neweracapstyle will each post a photo on their respective Instagram accounts regarding the Sweepstakes (the “Posts”). To enter, Participants must have a public Instagram account and post a photo during the Sweepstakes Period to Participant’s Instagram account a) containing the Participant with a New Era product (Participant can be wearing, holding, standing next to, or just near the New Era product in the photo); b) tagging @neweracap; and c) using the hashtag #NewEraAlphaGiveaway (collectively, a “Valid Entry”).
LIMIT OF ONE ENTRY PER PERSON. The entry will be limited to only one per person regardless of the number of accounts used by that person. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, illegible, mutilated, invalid, unintelligible, or misdirected entries; all such entries will be disqualified. No facsimiles, mechanical reproductions, alterations or forged entries are permitted.
SELECTING THE SWEEPSTAKES WINNERS: At the conclusion of the Sweepstakes Period as determined by Sponsor in its sole discretion, one (1) winner will be randomly selected from amongst all Valid Entries to win the Prize.
PRIZE: One (1) grand prize Winner will receive one (1) New Era x Alpha
baseball bat (the “Prize”). The retail value of the Prize is approximately $400.00. The odds of winning depend on the number of Participants and Valid Entries received during the Sweepstakes Period. The Winner is responsible for any and all other expenses related to his/her acceptance of the Prize, including but not limited to those related to any device, platform, and/or internet service that may be necessary to participate in the administration of the Prize. The winner is also responsible for all federal, state and local taxes, including completion of W-9 taxation
NOTIFICATION TO WINNER: Winners will be notified via Instagram
direct message. If a potential winner cannot be reached OR in the event a potential winner does not accept the prize or fails to comply with these rules and requirements, the prize will be forfeited. Upon prize forfeiture, no compensation will be given and New Era will have sole discretion to select another winner. The prize is non-transferable; the prize cannot be substituted for another prize; the prize cannot be sold; and the prize cannot be redeemed for cash from Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value in the event that the prize is unavailable. The winner shall be required to complete and sign an Affidavit of Eligibility, General Liability and/or other documents if required by Sponsor when such winner claims his/her prize. Failure by the winner to sign any requested documents or failure by the winner to comply with any terms in these Official Rules may disqualify the winner in New Era’s sole discretion and winner may forfeit his or her interest in the prize.
CLAIMING THE PRIZE: To claim the prize, the winner must sign and
return to the Sponsor within three (3) days of being contacted by Sponsor an Affidavit of Eligibility, General Liability and/or Publicity Release where permitted by law and/or other documents as required by Sponsor.
GENERAL CONDITIONS: This Sweepstakes is intended for participation in the United States only and shall be construed only according to United States law. Participants agree the Sweepstakes is governed by New York state law.
ALL INSTAGRAM POSTS MUST COMPLY WITH THE RESTRICTIONS AND REQUIREMENTS LISTED BELOW.
Sponsor reserves the right to review each post and reject any post in its sole discretion for any purpose or any reason without notifying the entrant.
(a) MUST respect Sponsor’s brand image and MUST NOT reference any
competitors of New Era;
(b) MUST NOT infringe upon the copyrights, trademarks, rights of
privacy, publicity or other intellectual property or other rights of any person
or entity not licensed by New Era;
(c) MUST NOT contain music;
(d) MUST NOT contain any identifiable commercial product brands
and/or logos other than those depicted on the New Era product;
(e) MUST NOT contain the name, likeness or image of any celebrity;
(f) MUST NOT contain any phone numbers, website links, street
addresses, e-mail addresses, license plate numbers, area codes, zip codes, or
(g) MUST NOT contain any obscenities, profanities, vulgar
language, lewd behavior, or offensive, obscene, or inappropriate content for a
(h) MUST NOT contain any nudity or any sexually explicit
(i) MUST NOT contain any references to violence;
(j) MUST NOT contain any references to an illegal act or an
(k) MUST NOT contain any gang references;
(l) MUST NOT contain any derogatory, disparaging, libelous
content about Sponsor, Sponsor’s competitors, or any entity or person;
(m) MUST NOT contain any discriminatory references whether based on
race, religion, national origin, physical disability, age, sex, sexual orientation
or preference, or otherwise;
(n) MUST NOT contain any references to any weapons; AND
(o) MUST NOT display any other element that does not comply with
the theme and spirit of the Sweepstakes.
Entries which do not conform to these guidelines will be disqualified. Any false information provided within the context of the Sweepstakes by any entrant concerning identity, age, eligibility, mailing address, telephone number, email address, ownership of right, or non-compliance with these Official Rules or the like may result in the immediate elimination of the entrant from the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed, or administered by Instagram. By entering an Instagram post, the Participant warrants and represents that he or she consents to the entry of and all uses of the post(s) including but not limited to the display, copying, modifying, editing, and posting of the post on the Internet or in emails, web blogs, and/or print advertising, in connection with advertising, marketing, and promotion of the Sweepstakes. The Participant also warrants and represents that he or she consents to the use and all uses of his or her Instagram account name/user name and avatar including but not limited to the display, copying, modifying, editing, and posting of the foregoing in connection with the advertising, marketing, and promotion of the Sweepstakes.
By entering the Sweepstakes, entrants agree to be bound by these Official Rules and agree: (1) the Sponsor, Alpha, the MLB Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, governors, owners, distributors, retailers, agents, assignees, and advertising and sweepstakes agencies may use (unless prohibited by law) the entrant’s name, voice, city/state of residence, photograph, and visual and/or audio likeness for advertising and/or trade purposes, and for any other purpose in any media or format now or hereafter known without further compensation, permission or notification; and (2) to release and hold harmless Sponsor, Alpha, the MLB Entities, and each of their respective advertising and sweepstakes agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in this Sweepstakes, or possession, acceptance and/or use or misuse of the Prize or participation in any sweepstakes-related activity and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
ADDITIONAL TERMS: Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.
Sponsor, Alpha, the MLB Entities, and each of their respective affiliates, partners and sweepstakes and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, which may occur in the distribution of prizes in this Sweepstakes.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Sweepstakes should it determine, in its sole discretion, non-authorized human intervention or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.
Potential winner(s) may be subject to a background check of any and all records at Sponsor’s sole discretion, including without limitation, civil and criminal court records and police reports, and entry into this Sweepstakes constitutes consent for Sponsor to conduct such background check. Winner(s) may be disqualified at the sole discretion of the Sponsor for any of the
following reasons: (i) if charged with or convicted of a felony or misdemeanor; (ii) if not eligible based on the eligibility requirements set forth in these Official Rules; (iii) if delinquent on a government ordered payment, including, but not limited to, child support, spousal support, alimony or tax payments; (iv) violates the law(s) of any jurisdiction; and/or (v) engages in any activity or behavior which offends the public morals or embarrasses or puts the Sponsor in a negative light.
Any false information provided within the context of the Sweepstakes by any entrant concerning identity, age, eligibility, mailing address, telephone number, email address, ownership of right, or non-compliance with these Official Rules or the like may result in the immediate elimination of the entrant from the Sweepstakes.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law.
OFFICIAL RULES: For a set of Official Rules, send a self-addressed stamped envelope to: NEW ERA MLB ALPHA BASEBALL BAT INSTAGRAM SWEEPSTAKES c/o Marketing Department, New Era Cap, LLC160 Delaware Ave., Buffalo, NY 14202. Requests for Official Rules must be received no later than August 23, 2022.
WINNER’S NAME: A list of the winner(s) may be obtained after the completion of the last Sweepstakes Period, by sending a self-addressed stamped envelope to: NEW ERA MLB ALPHA BASEBALL BAT INSTAGRAM SWEEPSTAKES c/o Marketing Department, New Era Cap, LLC 16 Delaware Ave., Buffalo, NY 14202. Requests for a list of winners must be received no later than August 31, 2022.
This promotion is in no way sponsored, endorsed or administered by, or associated with, the MLB Entities.
Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.
© 2022 NEW
ERA CAP, LLC