EASTON GHOST WEEK SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCEPT RHODE ISLAND) AND WASHINGTON, D.C. WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY. VOID IN RHODE ISLAND. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES. MANY WILL ENTER; FOUR WILL WIN.
IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, BEFORE PARTICIPATING IN THE SWEEPSTAKES, 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, WHICH INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, CAREFULLY. BY ENTERING THE SWEEPSTAKES, YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES, AND YOU AGREE THAT DISPUTES BETWEEN YOU AND EASTON WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT PARTICIPATE IN THE SWEEPSTAKES.
1. ELIGIBILITY; GENERAL. This sweepstakes is open only to legal U.S. residents residing in the 50 United States (except Rhode Island) and Washington, D.C. 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. This sweepstakes is void in Rhode Island. Employees of Rawlings Sporting Goods Company, Inc. (“Rawlings”) their respective affiliates, subsidiaries, and members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in this sweepstakes. By entering the sweepstakes, you (a) agree to comply with and be bound by these Official Rules, the decisions of Rawlings, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (collectively, “Applicable Laws”); (b) represent that you satisfy these eligibility requirements, and (c) waive any right to claim ambiguity in the sweepstakes or these Official Rules. This sweepstakes is void wherever prohibited by Applicable Law, and this sweepstakes is subject to all Applicable Laws.
2. BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to the sweepstakes. If you do not agree to the Official Rules, you are not eligible to participate in the sweepstakes or to win any of the prizes. Your submission of an entry to the sweepstakes constitutes your agreement to these Official Rules.
3. SWEEPSTAKES PERIOD. The sweepstakes begins at 12:00 AM ET on MARCH 11th, 2024 and ends at 11:59 PM ET on MARCH 17th, 2024 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period in order to be eligible.
4. HOW TO ENTER. You may enter by by one of the following two ways:
· OPTION 1: Purchase any Ghost fastpitch bat from easton.rawlings.com
· OPTION 2: Enter your email address and consent to receive marketing messages in the form located at easton.rawlings.com/easton-ghost-week.html
Regardless of method of entry, limit one (1) entry per person. For avoidance of doubt, you may not enter multiple times using multiple accounts, duplicate posts, etc.
Rawlings 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 Rawlings (including as a result of your privacy settings on a website or a Social Media Platform (defined in Section 11 below)), 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 Platform, website, 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 any the requirements of these Official Rules (collectively, “Faulty Entries”).
If Rawlings determines that there is any suspected or actual tampering, it may void the entries at issue, and/or terminate the sweepstakes, at which time, it may conduct a random drawing to award prizes using all eligible entries received as of the termination date.
5. SELECTION OF WINNER. One (1) potential winner will be chosen by a random drawing to be conducted on or about March 18th, 2024 from all eligible entries received during the Sweepstakes Period.
6. WINNER VERIFICATION. Any potential winner will be deemed a winner and eligible to receive the prize only after Rawlings’s verification of eligibility of the potential winner. Rawlings may disqualify you from this sweepstakes and deem any such entry by you void if it suspects or finds that you have (i) 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 multiple times in violation of these Official Rules, including through use of multiple accounts, or (c) entering as a resident of a place in which this sweepstakes is void; (ii) tampered or attempted to tamper with the entry process or the operation of the sweepstakes, including by generating entries through an automated means to subvert the entry process; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (iv) attempted to undermine the legitimate operation of the sweepstakes 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 SWEEPSTAKES MAY BE DEEMED A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, RAWLINGS 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 SWEEPSTAKES AND/OR FUTURE SWEEPSTAKES.
7. PRIZES. The potential winner will either: a Ghost backpack, batting gloves, helmet, and apparel; Jen Schro All Day All Night apparel; an Easton custom glove; a 2024 Easton Ghost Advanced. All prizes have an estimated retail value of up to five hundred dollars ($500) USD. The actual retail value of a prize may depend on the product assortment.
8. GENERAL PRIZE CONDITIONS/LIMITATIONS. No prize substitution, cash equivalent of prizes, transfer, or assignment of prizes is permitted, except Rawlings may substitute a prize or prizes of similar value. Prizes are subject to product availability. In addition to the requirements set forth in Section 10, Rawlings 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 Rawlings to redeem the prize. Rawlings is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes. If a potential winner is a minor, the prize may be awarded to the minor’s parent or legal guardian who must sign and return all required documentation.
9. ODDS OF WINNING. Odds of winning will depend on the number of eligible entries received. Many will enter, only four (4) will win.
10. OFFICIAL NOTIFICATION. A potential sweepstakes winner will be contacted by Rawlings via an email to an email address used when entering the sweepstakes. A winner must respond within seven (7) days of being notified of winning. A potential winner must supply Rawlings with the potential winner’s legal name, email address, mailing address, and age at the time of entry. The potential winner may also be required to sign and return an affidavit of eligibility, release, and/or name/likeness license and liability release, and if a potential winner is a minor, the potential winner’s parent or legal guardian will also be required to sign such documents. Return of the prize notification as “undeliverable,” or any failure to respond or to return any required document in the time noted, or any other failure to comply with these Official Rules, will result in disqualification of the selected winner and forfeiture of the prize. Rawlings is not required to award elsewhere any prizes forfeited by the chosen winner. The prize will be awarded after Rawlings’s receipt of the winner’s response and any required documents, as well as proper verification of the winner’s identity and eligibility.
11. NO SOCIAL MEDIA PLATFORM ENDORSEMENT; RELEASE. Depending on the particular sweepstakes, the sweepstakes may involve one or more social media platforms. In all cases, however, this sweepstakes is in no way sponsored, endorsed, administered by, or associated with any such platform, including Meta Platforms, Inc. (Facebook), Instagram Inc., ByteDance Ltd. (TiKTok), Google Inc. (YouTube), or X Corp. (X, and formerly Twitter) (collectively, “Social Media Companies”). You understand that by using and interacting with the application or website of any of the Social Media Companies (the “Social Media Platforms”), you are subject to the terms, conditions, and policies that govern the use of those Social Media Platforms (including, for example, YouTube’s Community Guidelines found here at https://www.youtube.com/howyoutubeworks/policies/community-guidelines/). You should therefore review the applicable terms and policies, including privacy and data gathering practices, before using or interacting with them. By entering this sweepstakes, you agree to comply with all Social Media Companies’ terms and policies, and you hereby release and discharge, and you will indemnify and hold harmless, the Social Media Companies and their respective affiliates, employees, officers, directors, and representatives from any claims, losses, and damages arising out of or relating to participation in this sweepstakes, any sweepstakes-related activities, or the acceptance, use, misuse, or possession of any prize awarded hereunder, including personal injuries, death, and property damage.
12. PRIVACY. By entering the sweepstakes, you recognize and agree that the information provided by you will be made available to Rawlings and MLB, and use of such information by Rawlings will be governed by Rawlings’s Privacy Policy found at privacy.rawlings.com. You agree that personal information shared in connection with the sweepstakes: (i) may be processed, shared, and otherwise used for the purposes and within the context of the sweepstakes and any other purposes outlined in these Official Rules, including to verify your identity, age, address, or to otherwise verify your eligibility to participate in the sweepstakes; and (ii) if you consent, may be used by Rawlings for purposes of sending marketing information generally.
13. LICENSES; USER-GENERATED CONTENT. By entering the sweepstakes, to the extent you upload any photograph, video, text, or other content in connection with the sweepstakes (“User-Generated Content”), you grant an irrevocable, perpetual, worldwide, non-exclusive license to Rawlings, to reproduce, modify, distribute, publicly display, publish, and create derivative works of the User-Generated Content in whole or in part in all media now known or hereafter devised, throughout the universe, in any way such Rawlings sees fit (including, for avoidance of doubt, in advertising, publicity, and other communications and marketing purposes). You represent and warrant that (i) you have all rights necessary to upload your User-Generated Content, including written permission and agreement to these Official Rules from anyone (or, if under 18 years of age or the age of majority, written permission from their parent or legal guardian) featured in your User-Generated Content; and (ii) the User-Generated Content does 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. You consent to Rawlings doing or omitting to do any act that would otherwise infringe your “moral rights” in the User-Generated Content and waive any “moral rights” you may have in the User-Generated Content in favor of Rawlings. Display or publication of any User-Generated Content on Rawlings’s website, social media pages, or otherwise does not indicate that you have been or will be selected as a winner. Rawlings will not be required to pay any additional consideration or seek any additional approval in connection with any use of User-Generated Content.
14. LIKENESS. You grant to Rawlings the irrevocable, perpetual, worldwide, and unrestricted right to print, publish, broadcast, and use your name, image, likeness, voice, persona, hometown, prize information, and all statements made in connection with the sweepstakes (collectively, “Likeness”) in all media now known or hereafter devised throughout the universe in perpetuity in any way Rawlings sees fit (including, for avoidance of doubt, in advertisements, publicity, and other communications and marketing purposes). Rawlings will not be required to pay any additional consideration or seek any additional approval in connection with such use. Upon Rawlings’s request, you (or, if under 18 years of age or the age of majority, your parent or legal guardian) will sign any necessary documentation that may be required for Rawlings to make use of the rights granted herein.
15. TERMINATION OF SWEEPSTAKES; CHANGES TO OFFICIAL RULES. Rawlings may terminate, suspend, or modify these Official Rules or this sweepstakes (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 sweepstakes 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 sweepstakes, or if there are insufficient entries, each as determined by Rawlings, Rawlings may terminate the sweepstakes.
16. RELEASE; DISCLAIMER. Rawlings, its promotional partners, and their respective affiliates and subsidiaries, all prize suppliers, and the directors, officers, employees, representatives, and agents of all such entities (collectively, the “Released Parties”), and the Social Media Companies, do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from, any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the sweepstakes, including the administration of the sweepstakes, the selection or confirmation of any winner, any errors or omissions, or the acceptance, possession, use, or misuse of any prize, including personal injuries, 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 sweepstakes, all of which may affect a person’s ability to participate in the sweepstakes; (v) any errors, omissions, or incorrect or inaccurate information in any sweepstakes-related materials, including printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the sweepstakes 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. Rawlings disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose with respect to the sweepstakes and any prizes. This section shall apply to the extent permitted by law.
17. LIMITATION OF LIABILITY. Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgments, and awards against the Released Parties shall not exceed the total out-of-pocket expenses incurred by you to enter the sweepstakes. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. This section shall apply to the extent permitted by law.
18. TAXES. Any winner will be solely responsible for any and all taxes or other assessments associated with receipt and use of the prizes.
19. FORCE MAJEURE. Rawlings will not be liable for failure or delay in the sweepstakes 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.
20. WINNER LIST; RULES REQUEST. To request a copy of these Official Rules or a list of winners’ names, please send an email to service@rawlings with the subject line “Official Rules Request; Easton Ghost Week Sweepstakes or “Winner’s List Request; Easton Ghost Week Sweepstakes,” as applicable.
21. DISPUTE RESOLUTION INCLUDING ARBITRATION AGREEMENT & CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
a. Mandatory Arbitration of Disputes. Any dispute, claim, or controversy arising out of or relating to these rules, this sweepstakes, including any prize, or any other goods or services provided by Rawlings (each, a “Dispute”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section 21, and not in a class, representative, or consolidated action or proceeding. The U.S. Federal Arbitration Act shall govern the interpretation and enforcement of these rules, and YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AND RAWLINGS EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 21 (as well as any other terms that by their nature survive) shall survive any termination of the sweepstakes and these rules.
b. Exceptions and Opt-out Option. The only exceptions to Section 21 are the following:
i. you or Rawlings each may seek to resolve an individual Dispute in small claims court if it qualifies;
ii. you or Rawlings each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights; and
iii. you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section 21(c) below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
c. Initial Dispute Resolution and Notification. Prior to initiating an arbitration or other legal proceeding, you and Rawlings will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Rawlings, you must send a Notice of Dispute (“Notice”) by certified mail to the attention Rawlings’ Legal Department at the Rawlings address set out at the end of these rules. For purposes of these rules, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Rawlings must contain all of the following information: (1) your full name, address, and the email address and social media username associated with your entry; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by an attorney, your attorney’s name and contact information, and an authorization to Rawlings to disclose information about you to your attorney. After receipt of your Notice, you and Rawlings shall engage in a good-faith effort to resolve the dispute for a period of sixty (60) days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Rawlings may initiate an arbitration or other legal proceeding. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
d. Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these rules. The NAM Rules are available at www.NAMADR.org, or by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these rules are inconsistent, these rules shall control.
A Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Informal Dispute Resolution Period and Notice requirements and other requirements set out in this Section 21. If NAM fails or declines to conduct the arbitration for any reason, Rawlings and you will mutually select a different arbitration administrator. If Rawlings and you cannot agree, a court will appoint the arbitration administrator.
Any arbitration hearing will take place in St. Louis, Missouri, unless you and Rawlings agree to a different location or to a virtual hearing. Without limiting Section 21(a), the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this Section 21, except that only a court of competent jurisdiction as set forth in Section 22 of these rules (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these rules or the Mass Filing procedures set forth in Section 21(e) below are unenforceable, unconscionable, void, or voidable.
e. Mass Filing Procedures. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AND RAWLINGS WAIVES THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Rawlings’ receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of twenty-five (25) or more claimants (including you) within a sixty (60) day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, currently available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these rules. If a court determines that this Section 21(e) is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these rules.
i. Batching: Your and other individuals’ claims deemed by Rawlings a Mass Filing may be filed with NAM in batches of no greater than fifty (50) individuals’ claims at one time, with twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for you and other claimants and twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Rawlings. After your claim is batched and permitted to be filed as a Demand, selection and appointment of an arbitrator for your Demand will be governed by the NAM Mass Filing Rules.
ii. First (Bellwether) Batch: The first batch of up to fifty (50) Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Rawlings will cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference.
iii. Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim may not be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Rawlings in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
iv. Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Rawlings will mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Rawlings will pay the mediator’s fees. The Global Mediation shall be completed within one hundred twenty (120) days of the selection of a mediator, unless extended by written agreement between you and Rawlings.
v. Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and one hundred (100) or more claims included in the Mass Filing remain unresolved, you or Rawlings may opt out of arbitration and elect to have your claim resolved in court consistent with Section 22 of these rules. You or Rawlings must exercise this election within forty-five (45) days of the completion of Global Mediation.
vi. Sequential Arbitration of Remaining Batches: If neither you nor Rawlings opt out of arbitration, another batch of no greater than fifty (50) individuals’ claims will be selected from the Mass Filing, with twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by counsel for claimants and twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty (50)) selected by Rawlings. If your claim is included in this next batch of fifty (50) claims, your claim will be filed with NAM, and you and Rawlings shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred twenty (120) days of the initial pre-hearing conference. The process of batching up to fifty (50) individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
vii. Tolling: For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Rawlings opts out of arbitration pursuant to Section 21(e)(v).
f. Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Rawlings will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 22. If Rawlings prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Rawlings reimbursement from you of Rawlings’s arbitration filing fees and costs.
g. Offer of Settlement. Rawlings may, but is not obligated to, make a written offer to settle your claim at least fourteen (14) days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Rawlings’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Rawlings after its offer was made, unless otherwise prohibited by law.
h. Class Action and July Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AND RAWLINGS MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Rawlings may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these rules, you or Rawlings may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AND RAWLINGS WAIVE ANY RIGHT TO A JURY TRIAL.
i. Effect of Changes to Dispute Resolution Section. Notwithstanding the provisions of Section 15 (Termination of Sweepstakes; Changes to Official Rules), if Rawlings changes any terms of this Section 21 after the date you first accepted these rules or any subsequent changes to these rules, you may reject the new changes to Section 21 by sending us written notice, personally signed by you, by certified mail to the attention of Rawlings’ Legal Department at Rawlings’ address set out at the end of these rules within thirty (30) days of the date such change became effective, as indicated by the “Last Updated” date of the rules in which you seek to reject. Even if you reject a change, you will remain subject to Section 21 of the last version of the rules you had accepted.
22. CONTRACTING ENTITIES, GOVERNING LAW, AND JURISDICTION. Except as set out in Section 21(a), this sweepstakes and these rules will be governed by and construed in accordance with the laws of the state of Missouri. Subject to the terms set out in Section 21 above, the exclusive jurisdiction for all Disputes that are not required to be arbitrated in accordance herewith will be the state and federal courts located in Missouri, United States of America, and you consent to the jurisdiction of those courts.
23. SEVERABILITY. The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability or any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by Applicable Law in conformance with its original intent.
SWEEPSTAKES SPONSOR:
Rawlings Sporting Goods Company, Inc.
111 Westport Plaza Drive, #1100
St. Louis, Missouri 63146
