NO PURCHASE OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR CONSIDERATION WILL NOT IMPROVE CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY.

MANY WILL ENTER, FEW WILL WIN. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES.

IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, BEFORE PARTICIPATING IN THE PROMOTION, YOU MUST OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN. PROOF OF PERMISSION MAY BE REQUIRED AT ANY TIME AND IN ANY FORM DEEMED NECESSARY BY EASTON.

PLEASE READ THESE OFFICIAL RULES CAREFULLY. BY ENTERING THE PROMOTION, YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE PROMOTION.

1.     ELIGIBILITY; GENERAL. This promotion is open only to legal residents of 50 United States and the District of Columbia who are 13 years old or older. Minors are not eligible to participate if they have not obtained consent from their parent or legal guardian. In addition, employees, representatives, and agents of Easton Diamond Sports, LLC (“Easton”), and its affiliates and subsidiaries, and the immediate families and household members of each are not eligible to participate in this promotion. By entering the promotion, you (a) agree to comply with and be bound by these Official Rules, the decisions of Easton, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (collectively, “Applicable Laws”); and (b) represent to Easton that you satisfy these eligibility requirements.

2.     BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to the promotion. If you do not agree to the Official Rules, you are not eligible to participate in the promotion or to win any of the prizes. Your submission of an entry to the promotion constitutes your agreement to these Official Rules.

3.     PROMOTION PERIOD. All times displayed are Pacific Time Zone. The promotion begins at 6:00 a.m. (PT) on October 29, 2021, and ends at 3:59 p.m. (PT) on November 19, 2021 (the “Promotion Period”); however, the Promotion Period will be comprised of the Submission Period and the Voting Period, as further described below.

a.      The “Submission Period” begins at 6:00 a.m. (PT) on October 29, 2021 and ends at 11:59 p.m. (PT) on November 13, 2021. All Entries must be received during the Submission Period to be eligible.

The “Voting Period” begins at 3:00 p.m. (PT) on November 15, 2021 and will end at 3:59 p.m. (PT) on November 19, 2021. As further described in Section 6 below, the Voting Period will be comprised of multiple rounds of voting by Instagram users on Instagram through Easton’s story, and each individual round of voting will last as long as the respective story post on Instagram, namely, twenty-four (24) hours immediately following such post. The individual voting rounds will take place at or near the dates and times designated below. All votes for finalists must be received during the respective round of voting in order to be counted.

·       First round: 3:00 p.m. (PT) on November 15, 2021 to 2:59 p.m. (PT) on November 16, 2021

·       Semi-final round: 4:00 p.m. (PT) on November 16, 2021 to 3:59 p.m. (PT) on November 17, 2021

·       Final round: 4:00 p.m. (PT) on November 18, 2021 to 3:59 p.m. (PT) on November 19, 2021

4.      HOW TO ENTER. You may enter by one of the following two ways:

(i)       The “Video or Photo Entry Method”: During the Submission Period, post on Instagram a video or photo (each, a “Work”) created solely by you that (A) meets the Work Requirements set forth in Section 5, (B) includes a post description beginning with the hashtag #ADVHypeContest, and (C) tags @eastonbaseball in the submitted Work itself (i.e., not only in the comments or the caption of the post). If the post of the Work does not meet the foregoing requirements, the entry will not be received or included. In addition, (x) any post of the Work as a story on Instagram will not be included or considered an entry; and (b) if Easton does not receive your post or maintain access to your post during the Promotion Period because your Instagram profile is set to private settings, such post will not be included or considered an entry. You must also follow Easton on Instagram (@eastonbaseball) in order to be considered an entry. Each entry pursuant to this Video or Photo Entry Method is a “Video or Photo Entry.”

(ii)     The “Alternative Entry Method”: During the Submission Period, enter your first and last name and your email address, and indicate that you have read and agreed to the terms of these Official Rules, in the applicable fields at the bottom of the page located at https://1.ourcontest.io/qFVXkz. Each entry pursuant to this Alternative Entry Method is an “Alternative Entry.”

Regardless of method of entry, limit one (1) entry per person. Limit one (1) vote per person per Instagram poll during the Voting Period (as further described in Section 6 below). For avoidance of doubt, you may not enter or vote multiple times using multiple accounts, etc. If there are multiple people included in the Video or Photo Entry, the entrant will be deemed to be the owner of the account that posted the Work to Instagram. Except as expressly stated herein, all promotion entries become the property of Easton and will not be acknowledged or returned.  

Easton is not responsible for and will not consider any entries that (i) are incomplete, incorrect, damaged, illegible, misdirected, inaccurate or inaccurately captured, not received by Easton, lost, stolen, delayed, undelivered or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, social media or other website or application, access provider, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties (including any active or passive filtering) of any kind (collectively, “Transmission Failures”), or (ii) do not conform with the remainder of the requirements of these Official Rules, including any Video or Photo Entry that does not include the required hashtag (collectively, “Faulty Entries”).

Without limiting Section 15, if Easton determines there is any suspected or actual tampering, it may void the entries at issue, and/or terminate the promotion, at which time, it may conduct a random drawing to award prizes using all eligible entries received as of the termination date.

5.     WORK SUBMISSION REQUIREMENTS

Each Work submitted in connection with a Video or Photo Entry must comply with the following requirements (the “Work Requirements”):

a.      The Work must be an original work made solely by you. It must not be copied or plagiarized from any third party in whole or in part.

b.      You must have all rights necessary to upload your Work, including written permission and agreement to these Official Rules from anyone (or, if under 18 or the age of majority, written permission from their parent or legal guardian) featured in your Work. The Work must not infringe upon or violate any third-party copyright, trademark, moral right, right of privacy/publicity or intellectual property or other right of any person or entity.

c.      Mentioning Easton or featuring an Easton product in the Work will be preferred but not required. However, the Work must not make any objective, false, deceptive, or misleading claims about the Easton’s ADV bat or any other product of Easton.

d.      The Work must not mention or feature any product of an Easton competitor.

e.      Any Work that is a video must be no longer than 60 seconds.

f.       The Work must comply with all Applicable Laws.

g.      The Work must be produced in a safe and responsible manner. The Work may not, in the sole discretion of Easton, contain obscene, provocative, defamatory, disparaging, sexually explicit, or otherwise unlawful, objectionable or inappropriate content.

h.      The Work must not contain any watermarks.

i.       The Work must comply with all applicable Instagram terms and conditions.

You will reimburse and indemnify Easton for any and all Claims (defined in Section 12) arising from or relating to a breach by you of this Section 5. By posting the Work, you represent, acknowledge, and warrant that the Work does not infringe on any copyright, trademark, moral right, right of privacy/publicity, or intellectual property right of any person or entity, and that no other party has any right, title, claim, or interest in the Work.

6.     SELECTION OF WINNERS. There will be a total of four winners, comprising of two first-place winners and two second-place winners.

a.      Selection of Winners among Video or Photo Entries:

                             i.     Selection of Finalists among Video or Photo Entries Received during Submission Period. On or before the Voting Period, a panel of judges, selected by Easton in its sole discretion, will select eight (8) Video or Photo Entry finalists among the Video or Photo Entries based on the following criteria: (1) creativity of the Work; (2) quality of the Work; (3) interpretation and use of the promotion theme; and (4) compliance with the Work Requirements. Easton will place the finalists in brackets, to be voted on by Instagram users during the Voting Period. Before an entrant selected as a potential finalist may proceed to the Voting Period, such entrants: (a) must provide any necessary documentation, as further described in Section 8; and (b) may be required to make the Work submission available to Easton in a different form or format in order to allow Easton to post, and potentially modify (in accordance with Section 13), the Work during the Voting Period. Failure to comply with the foregoing within twenty-four (24) hours of being contacted by Easton may result in forfeiture of the right to proceed to the Voting Period. Decisions of the judges are final and binding.

                            ii.     Selection of Winners among Finalists during Voting Period. During the Voting Period, Easton will post as a story on its Instagram page (@eastonbaseball) the finalists’ Works (which, without limiting Section 13, may be modified from its original form by Easton) with a corresponding poll for the public to vote on during the 24 hours immediately following such post. Specifically, each finalist will be placed in a bracket, with all voting to be comprised of three rounds. In each round, Easton will post the finalist Works to be voted on by the public in a series of 1 v. 1 competitions. For clarity, any finalist’s Work may be paired off against any other finalist’s Work, regardless of whether the Works are videos or photos. Each finalist Work with more votes than its respective opponent will advance to the next round, to be paired off against a different finalist who received more votes than such finalist’s opponent in the prior round, and each Work receiving less votes than its respective opponent will be eliminated, until there is a first-place winner. Each person voting may only vote once per each individual 1 v. 1 competition. In the event of any tie in any round, Easton will post a new poll until there is no longer a tie at the end of the respective poll. In the event there is a tie in the final voting round, Easton may, but is not required to, award both remaining finalists the prize. For clarity, Easton will use Instagram’s polling technology to determine which finalist received more votes in each round, which technology may provide Easton with more detail than what is visible to Easton’s followers on Instagram. The final winner will be a first-place winner for purposes of this promotion, and the first runner up will be second-place winner for purposes of this promotion.  

b.      Selection of Winners among Alternative Entries: A first-place winner and a second-place winner will each be chosen by a random drawing among all Alternative Entries.

7.     FINALIST & WINNER VERIFICATION. Each potential Video or Photo Entry finalist will be deemed a finalist and eligible to be voted on in the Voting Round only after such potential finalist’s verification of eligibility and Easton’s final verification and approval thereof. Each potential winner will be deemed a winner and eligible to receive the prize only after such potential winner’s verification of eligibility and Easton’s final verification and approval thereof. Easton may disqualify you from this promotion and deem any such entry by you void if it suspects or finds that you have violated any Applicable Law or these Official Rules, including by (a) entering as a minor without permission from your parent or legal guardian, (b) entering or attempting to enter or vote multiple times in violation of these Official Rules, including through use of multiple accounts, (c) tampering or attempting to tamper with the entry process or the operation of the promotion, including by generating entries through an automated means to subvert the entry process; (d) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (e) attempting to undermine the legitimate operation of the promotion by cheating, hacking, deception, or other unfair playing practices (collectively, “Violating Entries”). ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE DEEMED A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, EASTON WILL DISQUALIFY YOU AND MAY SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY BAN OR DISQUALIFY YOU FROM THIS AND FUTURE PROMOTION. All materials submitted become the property of Easton and will not be returned.

8.     OFFICIAL NOTIFICATIONS. The potential Video or Photo Entry finalists will be contacted by Easton on or about November 14, 2021 via direct message on Instagram. The potential winners (regardless of method of entry) will be contacted by Easton on or about November 19, 2021 via direct message on Instagram or via email, as applicable. For clarity, for any communications on social media, Easton will only contact entrants through its verified account. THE POTENTIAL FINALISTS AND POTENTIAL WINNERS MUST RESPOND TO ANY SUCH DIRECT MESSAGE OR EMAIL, AND PROVIDE ANY REQUIRED / SIGNED DOCUMENTATION TO EASTON, WITHIN TWENTY-FOUR (24) HOURS OF SUCH NOTIFICATION, UNLESS OTHERWISE EXPRESSLY PERMITTED BY EASTON. In order to be a finalist for the Voting Period, and in all cases, in order to receive the prize, the potential finalist and the potential winner, respectively, may be required to sign and return an affidavit of eligibility and release and/or a name/likeness license & liability release, and if a potential finalist or a potential winner is a minor, the potential winner’s parent or legal guardian will also be required to sign such documents. Easton may also require provision of a name/likeness license & liability release or other documentation, including parental consents if necessary, for all persons included in any Video or Photo Entry. Each potential winner must supply Easton with his/her legal first and last name, email address, mailing/shipping address, birth year, and phone number. Return of a finalist or prize notification as “undeliverable,” or any failure to respond or to return any required document or information in the time noted, or any other failure to comply with these Official Rules, will result in disqualification of the selected finalist or winner and forfeiture of the chance to win the prize or prize, as applicable. Easton is not required to select a replacement finalist after forfeiture of a potential finalist, and it is not required to award elsewhere any prize forfeited by a chosen winner. Each finalist will be determined and each prize will be awarded only after Easton’s receipt of the potential finalist’s or potential winner’s response, any document required by Easton, and proper verification of the finalist’s or the winner’s identity.

9.     ODDS OF WINNING.  Odds of winning will depend on the number of eligible entries. Many will enter, only four will win (comprised of two first-place winners and two second-place winners).

10.   PRIZES.

a.      First-Place Prize: Each first-place winner will receive an ADV Hype Bat and a Swag Bag, each described in more detail below:  

Prize
Estimated Retail Value
ADV Hype Bat (or other Easton bat of choice of lesser value, subject to Section 11)
$499.95
 

Swag Bag Contents:
Walk-Off NX Backpack
$69.95
Two hats
$34.99 each
Two pairs of batters gloves
$49.99 each
Two headbands
$12.99 each
Two shirts
$24.99 each
Custom water bottle
$50.93
 

The total estimated value of a First Place Prize Pack is $866.75.

b.      Second-Place Prize: Each second-place winner will receive an ADV Hype Bat (or other Easton bat of choice of lesser value, subject to Section 11). The estimated retail value of an ADV Hype Bat is $499.95.

c.      The total estimated value of all prizes is up to $2,733.40.

11.   GENERAL PRIZE CONDITIONS/LIMITATIONS. Easton may take into account a winner’s preferences on sizing, color, and models, but any such requests are subject to availability. No prize substitution, cash equivalent of prizes, transfer, or assignment of prizes is permitted, except Easton may substitute a prize or prizes of similar value in its sole discretion. In addition to the requirements set forth in Section 8, Easton may require personal identification and/or proof of permission from a parent or a legal guardian to be presented in any form deemed necessary by Easton to redeem the prize. Easton is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes. The prizes described in Section 10 (or any substitutes, as contemplated by these Official Rules) are the sole prize(s) that the respective winner is entitled to, regardless of whether the actual retail value is less than the estimated retail value set forth in Section 10. (For example, if a winner chooses a different Easton bat that costs less money than Easton’s ADV Hype Bat, such winner will not be entitled to any balance or the difference in the values.)

12.   NO FACEBOOK, INSTAGRAM, TIKTOK, OR TWITTER ENDORSEMENT; RELEASE. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. (“Facebook”), Instagram, LLC (“Instagram”), ByteDance Ltd. (d/b/a TikTok) (“TikTok”), or Twitter, Inc. (“Twitter”, and collectively with TikTok, Facebook, and Instagram, the “Social Media Platforms”).  You understand that you are providing information to Easton and not to the Social Media Platforms; however, you understand that by using and interacting with the Social Media Platforms’ respective websites or mobile apps, you are subject to the terms, conditions, and policies that govern the use of those websites and mobile apps. You should therefore review the applicable terms and policies, including privacy and data gathering practices, before using or interacting with them.  By entering this promotion, you agree to and do hereby release, discharge, and hold harmless the Social Media Platforms and their respective affiliates, employees, officers, directors, and representatives from any claims, losses, liability, rights, damages, and actions of any kind (collectively, “Claims”) arising out of participation in this promotion, any promotion-related activities (including the creation or use of any Work), or the acceptance and use, misuse, or possession of any prize awarded hereunder.

13.   LICENSES; GRANT OF RIGHTS. If you enter via the Video or Photo Entry Method, you will retain ownership of your Work; however, by entering the promotion, you grant an irrevocable, perpetual, worldwide, non-exclusive license to Easton and its affiliates to reproduce, modify, distribute, display, publish, and create derivative works of your Work in whole or in part in all media now known or hereafter devised, throughout the universe, in any way such Easton sees fit, including in advertisements, publicity, on social media, and other communications. For clarity, Easton may freely modify and use your Work; you consent to Easton doing or omitting to do any act that would otherwise infringe your “moral rights” in your Work. Display or publication of your Work on Easton’s website or social media properties does not indicate that you will be selected as a winner; and Easton is not required in any way to display or publish your Work. Easton will not be required to pay any additional consideration or seek any additional approval in connection with any use of your Work.  Additionally, you grant to Easton the irrevocable, perpetual, worldwide, and unrestricted right to use your name, image, likeness, voice, persona, hometown, prize information, and all statements made in connection with the promotion in all media now known or hereafter devised throughout the universe in perpetuity in any way such Easton sees fit, including in advertisements, publicity, and other communications, to the extent permitted by law.  Easton will not be required to pay any additional consideration or seek any additional approval in connection with such use.  Upon Easton’s request, you will sign any necessary documentation that may be required for Easton to make use of the rights granted herein.

14.   PRIVACY. By entering the promotion, you recognize and agree that the entry information provided by you will be made available to Easton and/or its affiliates or subsidiaries, and use of such information will be governed by Easton’s Privacy Policy found at https://easton.rawlings.com/company-privacy.html. You agree that personal information shared in connection with the promotion may be processed, shared, and otherwise used for the purposes and within the context of the promotion and any other purposes outlined in these Official Rules. Personal information may also be used by Easton to verify your identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the promotion.  

15.   TERMINATION OF PROMOTION; CHANGES TO OFFICIAL RULES.  Easton may terminate, suspend, or modify these Official Rules or this promotion (or any portion thereof) at any time in any manner without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the promotion is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness, or proper conduct of the promotion, Easton may terminate the promotion.

16.   RELEASE; DISCLAIMER. Easton, the Social Media Platforms, and their respective affiliates and subsidiaries, all prize suppliers, and the directors, officers, employees, representatives, and agents of all such entities (the “Released Parties”) do not assume any liability for and may not be held liable for, and you agree to release and will hold them harmless from any and all Claims in connection with (i) the promotion, including the administration of the promotion, the selection or confirmation of winners, the creation or use of any Work (including any derivative works thereof), any errors, omissions, or the acceptance, possession, use, or misuse of any prize, including personal injury, death, and property damage; (ii) publicity rights, defamation, or invasion of privacy, whether suffered by you or a third party; (iii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer related to or resulting from downloading any material connected to the promotion, all of which may affect a person’s ability to participate in the promotion; (v) any errors, omissions, or incorrect or inaccurate information in any promotion-related materials, including printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the promotion howsoever caused; or (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by a third party, including third-party computer “hackers” or otherwise. Easton disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose with respect to the promotion and any prizes. This section shall apply to the extent permitted by law.

17.   TAXES.  Each winner will be solely responsible for any and all taxes or other assessments associated with receipt and use of the prizes.

18.   FORCE MAJEURE. Easton will not be liable for failure or delay in the promotion because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third-party networks or communications infrastructure.

19.   WINNER LIST; RULES REQUEST. To request a copy of these Official Rules or a list of winners’ names, please send an email to eastonbaseball@easton.com with the subject line “Official Rules Request; ADV Hype Promotion” or “Winner’s List Request; ADV Hype Promotion,” as applicable.

20.   WAIVER OF JURY TRIAL AND CLASS ACTIONS. EACH PARTY HERETO (INCLUDING IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES, THE PROMOTION, OR ANY PRIZE. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. THIS SECTION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

21.   CHOICE OF LAW; JURISDICTION; EQUITABLE RELIEF.  This promotion is void wherever prohibited or restricted by Applicable Law and is subject to all Applicable Laws. This promotion will be governed by and construed in accordance with the laws of the state of California. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts of the state of California for resolution of all claims, differences, and disputes the parties may have regarding this Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause Easton irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, Easton will be entitled to injunctive or equitable relief.

PROMOTION SPONSOR:

Easton Diamond Sports, LLC

3500 Willow Lane
Thousand Oaks, CA 91361