sweepstakes

sweepstake rules last updated on 05/31/2024

HOW I SWEETSPOT SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

INTERNET ACCESS, VALID E-MAIL ADDRESS AND INSTAGRAM ACCOUNT REQUIRED.

Open only to legal residents of the 50 States of the United States and Washington, D.C., who are 13 years of age or older.** See Rule 10 below for additional restrictions on eligibility. Void where prohibited or restricted by law.   

**If you are a minor in your state of residence (generally, under 18), be sure to get permission from your parent or legal guardian before entering.

  1. Sponsor: SweetSpot Baseball, LLC, 12800 Whitewater Dr Ste 100, Minnetonka, MN 55343.
  2. Administrator: Blue Engine Marketing, Inc., 10 Garden Ct., Ho-Ho-Kus, NJ 07043.
  3. Sweepstakes Period: June 7, 2024 at 12:00:01 a.m. Eastern Time (“ET”) – September 9, 2024 at 11:59:59 p.m. ET.

  4. To Enter:
    1. From your public account on Instagram, follow @playsweetspot, Sponsor’s official Instagram account.
    1. Post a photo or video of yourself playing with or using any SweetSpot baseball products.†
    1. Post your photo/video to your public Instagram account, tagging @playsweetspot and including the hashtag #HowISweetSpotSweepstakes. 


†A purchase is NOT required to enter the Sweepstakes and will NOT increase your chances of winning. To enter without purchase, instead of playing with the SweetSpot baseball product in the photo/video, hold up a sign with the words HOW I SWEETSPOT SWEEPSTAKES.   

By participating in the Sweepstakes, you (if a minor, your parent or legal guardian) accept and agree to abide by and be bound by these Official Rules and the decisions of Sponsor and Sweepstakes Administrator (the independent judging agency for the Sweepstakes) which are final and binding in all respects and not subject to appeal.

In entering the Sweepstakes, you are providing your personally-identifying information to Sponsor and not to Meta Platforms, Inc./Instagram.  BEFORE entering the Sweepstakes, you  (if a minor, have your parent/legal guardian) are encouraged to review Sponsor’s privacy policy, accessible at https://playsweetspot.com/privacy-policy/, for information as to how Sponsor collects, uses and shares your personally-identifying information. 


5. Restrictions on Entry- Content:

A photo/video will not be accepted as an entry if Sponsor and/or Sweepstakes Administrator determines in their sole discretion that the photo/video:

  • Shows the SweetSpot baseball product not being used in full accordance with the safety and other instructions, including horseplay or dangerous stunts of any kind;   
  • Includes content that may infringe the trademark or copyright or other intellectual property rights of any other party, including music in the video (with the sole and limited exception of the SweetSpot baseball or the SWEETSPOT name);
  • Depicts or references another person (including their name or image) without their consent;
  • Includes content that demeans, insults or denigrates another individual because of his/her race, religion, national origin, ethnicity, gender/gender identification, sexual orientation, citizenship status, disability or other classification protected under law;
  • Includes content that is pornographic, sexually suggestive, profane, obscene or otherwise inappropriate;
  • Includes consumption of alcohol or drug use, acts of violence, or animal cruelty;
  • Includes content that is illegal;
  • Includes personal information about entrant or any other person, such as full name, e-mail address, phone number or street address;
  • Is not relevant to the Sweepstakes theme (including any material that relates to a particular cause or viewpoint);
  • Includes any content that has been previously published (including on entrant’s Instagram page); or
  • Includes any content that reflects negatively on or adversely affects the business reputation and goodwill of Sponsor or its SweetSpot baseball products.


Should Sponsor or Sweepstakes Administrator determine in their sole discretion that a given photo/video is in violation of any of the above requirements, the prospective entrant posting same will not be notified that their photo/video did not result in entry. 

If photo/video includes use of SweetSpot baseball product, you (if a minor, your parent or legal guardian) represents and warrants that the photo/video/entry represents the true, actual experience of entrant in utilizing the SweetSpot baseball product and the entrant’s honest opinions as to same. You (if a minor, your parent or legal guardian) further agree upon Sponsor’s request and without compensation from time to time in the future to advise whether the opinions reflected in the photo/video/entry still reflect your opinion of the SweetSpot baseball product.


6. Restrictions on Entry:

Photo or video must be in full compliance with all file size and format requirements of the Instagram social media platform as well as fully complying with the Instagram Terms of Use.

Proof of posting photo/video on one’s Instagram account does not constitute proof of Sponsor’s/Sweepstakes Administrator’s receipt of same or proof of entry in the Sweepstakes.

Sponsor may acknowledge receipt of entry (including via reply comment on one’s Instagram account and/or re-posting a photo/video on @playsweeetspot) but any such acknowledgment is not binding upon Sponsor beyond indicating that the entry was received. Without limitation, any such acknowledgment does not constitute any representation that the entry is eligible for the Sweepstakes or has been selected as the prize winner.

There is a limit of one (1) entry per person per day; and a given person may only use one (1) Instagram account to enter the Sweepstakes.  Violation of the preceding will result in only the initial entry being accepted (if eligible.) But, if Sponsor or Sweepstakes Administrator determines that a given individual has engaged in repeated, egregious or blatant violations of the entry limit (for example, by use of automated, programmed or similar means or use of third party sweepstakes subscription services), Sponsor and Sweepstakes Administrator reserve the right to disqualify such individual from the Sweepstakes altogether. In addition, such conduct may constitute tampering as discussed in Rule 11 below.

Should a dispute arise as to the identity of an entrant, the entry shall be deemed to be submitted by the person who is the authorized account holder of the e-mail account associated with the Instagram account on which the entry is posted.  “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an internet access provider, online service, or other organization that is responsible for assigning e-mail addresses. Any dispute as to the identity of entrant shall be resolved by Sponsor in its sole discretion.

Participating in the Sweepstakes via mobile device may result in the imposition of wireless Internet access fees and/or other charges as per the wireless carrier’s billing policy. It is recommended that one (if a minor, his/her parent or legal guardian) review the wireless carrier’s rate plan before utilizing a mobile device to enter the Sweepstakes. All such fees are the sole responsibility of the entrant. Wireless Internet access is not available in all areas or on all mobile devices.


7. Grant of Rights in Entry:

Entrant (if a minor, his/her parent or legal guardian) grants to Sponsor the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her photo/video/entry, in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such entrant (if a minor, or to his/her parent or legal guardian). 

Entrant (if a minor, his/her parent or legal guardian) further waives any “Moral Rights of Authors” (“Droit Moral”) or similar natural rights of ownership that entrant (if a minor, or to his/her parent or legal guardian) may have in the photo/video/entry whether under statutory or common law.

Entrant (if a minor, his/her parent or legal guardian) understands and agrees that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it by outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the photo/video/entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

Entrant (if a minor, his/her parent or legal guardian) understands and agrees that Sponsor as well as Sweepstakes Administrator do not have any duty of confidentiality or other fiduciary duty to entrant (if a minor, or to his/her parent or legal guardian) relative to the photo/video/entry.


8. Winner Selection & Winner Notification:

The winner will be selected in a random drawing from among all eligible entries received.  Sweepstakes Administrator will conduct the random drawing on or about September 12, 2024.  Provided that the entry is in compliance with these Official Rules (including Rule 5 above), the content and quality of the entry will NOT be taken into account in the winner selection procedure.

The winner will be notified by direct message from @playsweetspot; BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @playsweetspot TO CONTACT YOU VIA DIRECT MESSAGE.(The notification will direct you to contact Sweepstakes Administrator via e-mail but will NOT ask for payment of any kind. If direct message asks for payment, DELETE THE DIRECT MESSAGE AS IT IS NOT FROM OR IN ANY WAY AUTHORIZED BY SPONSOR.)

Winner may be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within five (5) days of notification. If Sponsor is unable to contact winner despite commercially reasonable efforts to do so, if winner does not timely return the completed and signed affidavit/release (if required) or if Sweepstakes Administrator determines that the winner is not eligible or otherwise in violation of these Official Rules, the winner will be disqualified, and the prize forfeited without compensation of any kind. In the event of forfeiture, an alternate winner may be selected from among all remaining eligible entries received, as discussed above.   


9. Prize/Odds:

Prize (1) – $500 DICK’S Sporting Goods gift card, redeemable at all DICK’S, Public Lands and Golf Galaxy retail locations or online at DICKS.com, PublicLands.com and GolfGalaxy.com. Terms and conditions apply. Without limitation, gift card (a) will NOT be replaced if lost or stolen; (b) is re-loadable; (c)does not expire; and (d) cannot be redeemed for cash except where required by applicable law. Approximate Retail Value: $500.

Odds of winning depend on the total number of eligible entries received.

No prize substitution except by Sponsor in its sole discretion for prize of equal value. Prize is not transferable. Prize must be accepted as awarded.

Winner is solely responsible for any and all unspecified expenses in conjunction with prize acceptance and use (including for cost of purchase using gift card in excess of its value) as well as for any taxes incurred as a result of prize award.

 

10. Conditions of Participation:

The following persons are also not eligible to enter or win:

  • Employees, officers and directors of Sponsor, its subsidiaries, affiliates, franchisees or distributors; Sweepstakes Administrator; and other entities in any way involved in the design, production, development or implementation of the Sweepstakes;
  • the immediate family (defined as: parent, child, sibling, spouse; regardless of where they live) and same household members (whether related or not) of the above.


BY PARTICIPATING, ENTRANT INDEMNIFIES, RELEASES AND AGREES TO HOLD HARMLESS SPONSOR, SWEEPSTAKES ADMINISTRATOR; THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES (AS APPLICABLE); THE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, EMPLOYEES, SUCCESSORS AND ASSIGNS OF ANY OF THE ABOVE ORGANIZATIONS; AND META PLATFORMS, INC. FROM ANY AND ALL LIABILITY ARISING FROM PARTICIPATING IN THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED ACTIVITY AND/OR THE ACCEPTANCE, RECEIPT, POSSESSION OR USE/MISUSE OF THE PRIZE (IF APPLICABLE). 

Where legal, acceptance of prize constitutes the agreement of winner (if a minor, his/her parent or legal guardian) to the use of winner’s

name, address (city, state), likeness, photograph, other indicia of persona and/or statements made by winner regarding the prize, the Sweepstakes or the Sponsor for advertising/publicity/trade purposes by Sponsor without further compensation or review, approval or notice of any kind.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.

In the event of any inconsistency between these Official Rules and the content of any promotional/advertising materials for the Sweepstakes, these Official Rules shall prevail, govern and control.


11. Limitations of Liability:

Sponsor’s/Sweepstakes Administrator’s failure to enforce any provision of these Official Rules in any given instance shall not constitute the waiver of such provision.

Sponsor and Sweepstakes Administrator assume no responsibility for:

  • any incomplete, incorrect or inaccurate information whether caused by tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error of any kind;
  • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any entry;
  • any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of electronic transmissions on account of technical problems or traffic congestion on the Internet affecting the Sweepstakes (including filtering by or other operation of the functionality of the Instagram social media platform);    
  • late, lost, illegible/garbled, inaccessible, incomplete, damaged, misdirected, corrupted, jumbled, improperly recorded or unrecorded entries, regardless of cause, all of which are void‡; and
  • any damage to entrant’s or any third party’s computer or mobile device (or the data stored thereon) caused directly or indirectly in whole or in part by participation/attempted participation in the Sweepstakes.

‡Notwithstanding the foregoing, should an individual fully comply with these Official Rules and not receive an entry, the liability of Sponsor and Sweepstakes Administrator shall be limited to the provision of an entry if determined by Sponsor and Sweepstakes Administrator in their sole discretion to be feasible; and, if determined not to be feasible, then Sponsor and Sweepstakes Administrator shall not have any liability of any kind.

Force Majeure. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor/Sweepstakes Administrator which, in their sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or any part thereof), Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and, if deemed to be feasible in its sole discretion, to conduct the Sweepstakes and select the winner from among all eligible entries received prior to and/or after (as applicable) the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor/Sweepstakes Administrator in their sole discretion.  Notice of such action by Sponsor will be posted by Sponsor on @playsweetspot.

CAUTION: ANY ATTEMPT TO TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR TO DEFRAUD SPONSOR OR SWEEPSTAKES ADMINISTRATOR AS TO THE CONDUCT OF THE SWEEPSTAKES CONSTITUTES TAMPERING IN VIOLATION OF THESE OFFICIAL RULES AS WELL AS A POSSIBLE VIOLATION OF CIVIL AND/OR CRIMINAL LAW. IN SUCH CASE, SPONSOR/ SWEEPSTAKES ADMINISTRATOR RESERVE THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES (IF APPLICABLE) AND TO SEEK ALL AVAILABLE LEGAL REMEDIES AGAINST PERSONS DETERMINED TO BE ENGAGED IN SUCH CONDUCT.


12. DISPUTE RESOLUTION/GOVERNING LAW:

To the fullest extent permitted by law, by participating in the Sweepstakes, you (if a minor, your parent or legal guardian) agree:

  • that any action at law or in equity arising out of or relating to these Official Rules or this Sweepstakes shall be filed exclusively in the federal or state courts in Hennepin County, Minnesota;
  • to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, waiving any right of change of venue, forum non conveniens or the like;
  • that any such action shall be resolved individually, NOT as part of a class action;
  • that any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred (if any), with all other forms of damages, remedies and relief being expressly waived, and under no circumstances will you  (if a minor, your parent or legal guardian) be awarded attorneys’ fees; and
  • these Official Rules and this Sweepstakes shall be governed by the substantive laws of Delaware (i.e., without regard to the choice of law/conflict of law principles of Delaware or of any other jurisdiction).


13. Winner’s List:

For the name of the winner (first name, last initial; city/state), send a self-addressed, stamped envelope to: How I SweetSpot Sweepstakes, 10 Garden Ct., Ho-Ho-Kus, NJ 07423. Requests must be received by no later than October 7, 2024. Winner’s list will be available after October 15, 2024.

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