NBPA APPAREL GIVEAWAY

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.

PARTICIPANTS MUST HAVE AN INSTAGRAM® ACCOUNT TO ENTER.

ELIGIBILITY

The NBPA APPAREL giveaway begins on September 13, 2019 at 4 P.M. Eastern Daylight Time (“EDT”) and ends on September 15, 2019 at 11:59 P.M. EDT. The time shall be determined by the NBPA's timekeeping systems, and the NBPA may also rely on the time processing functions of third parties. NBPA shall have the sole discretion in determining the timeliness of any action or inaction related to the giveaway.

The Giveaway is open to: (i) legal residents of the 50 States of the United States (including D.C., ); and (ii) who are at least 18 years old and the age of majority in their jurisdiction of residence as of the date of entry. Void where prohibited. Employees of NBPA, and its subsidiaries, members, directors, subcontractors, prize suppliers, including any vendors providing services in connection with this giveaway (collectively, the “NBPA”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of the NBPA or any NBPA affiliates are not eligible to participate in this giveaway. The giveaway is subject to all applicable federal, state, and local laws.

To participate, you must have an Instagram® account that is open to the public (an account where anyone can subscribe to follow your posts). You are not eligible to participate if your account is set to the private option (where a user must approve all follow requests). If you are not a registered Instagram user, you can download each mobile app to sign up for Instagram. There is currently no fee to register for Instagram.

TO ENTER

To enter the apparel giveaway, complete the following steps during the outlined time period:

Follow @THENBPA and @australianboomers on Instagram.

Locate the NBPA Apparel Post on the @ THENBPA page and follow all posted instructions on how to enter the giveaway, including:

“liking” the post; and

In the comments to the @THENBPA post, tag three friends and write one positive or inspirational word to describe the Australian Men’s National Team. 

LIMIT: one (1) entry per person

The NBPA is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the relevant account used to enter the apparel giveaway. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. By entering and/or participating, entrants agree to be bound by these Official Rules and the NBPA’s website Terms of Use Privacy Policy as set forth in these Official Rules.

REQUIRED REPRESENTATIONS, WARRANTIES AND COVENANTS

You must meet all of the following as applicable to your entry. Failure to do so may result in your disqualification.

By entering, you represent and warrant with regard to your entry:

It is your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.

Except for the marks of the NBPA (addressed below), the entry does not reference any person other than entrant, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service. The NBPA grants you the limited permission to use its trademark mark and content in your entry solely for purposes of entering. You shall immediately cease any and all use of the NBPA mark upon expiration or termination of this apparel giveaway.

Your entry is appropriate for public viewing. Without limiting the foregoing, your entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which the NBPA in its sole discretion decides is inappropriate or objectionable. Your entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

Your entry complies with all of the NBPA's and Instagram’s requirements and terms regarding the use of their services.

The NBPA reserves the right in its sole discretion to not consider any entry for the apparel giveaway if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse the NBPA in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorneys’ fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to the NBPA hereunder. By entering, you warrant that your entry or entries comply with the requirements set out herein. By entering, you will and hereby do assign to the NBPA your full right, title and interest over your entry, including any and all trademark, copyright, publicity and other intellectual property rights related thereto. Whenever requested by the NBPA, you will provide the necessary documents regarding the assignment to the NBPA and you will execute any documents that the NBPA might reasonably request for such assignment. In the event, and to the extent, that you cannot assign your entry as a matter of law, you hereby grant to the NBPA a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as the NBPA and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any entry in favor of the NBPA.

By submitting your entry you also grant the NBPA the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, Instagram handles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.

WINNER SELECTION

At 12 P.M. EDT on September 16, 2019, the NBPA will select the entries that are the most responsive to the entry criteria from among all eligible entries and select three winners.

Approximate retail value of each prize: $88.00 USD.  Each winner will only be able to choose between the two available sweatshirts that are pictured in the NBPA post advertising the giveaway. There are limited sizes available in each of the two sweatshirts (L, XL, 2XL).

All prizes are awarded “AS IS.” The NBPA makes or offers no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this giveaway or any prize. No issuer of any offered prize is sponsoring this giveaway. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at the NBPA's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at the NBPA's sole discretion. The NBPA will determine all prize details (brand, model, size, etc.) in its sole discretion.  Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. 

No refund or compensation will be paid in the event of the cancellation or delay of any portion of the prize, or any portion thereof. 

NOTIFICATION

Potential winner(s) will be notified via direct message on or about September 16, 2019 at 12 P.M. EDT If potential winners do not respond to the notification within a timely manner, as determined solely by the NBPA, the NBPA may select additional potential winners. Potential winner must respond to the notification message within one hour of the announcement and provide all requested information within twenty-four (24) hours of the first contact or attempted contact from the NBPA. The NBPA may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to the NBPA within two (2) days of the date and time listed on the documents, but in no event later than the start of the Event. 

PUBLICITY & MARKETING

Submission of an entry and/or image in the apparel giveaway constitutes permission, but not the obligation, to the NBPA to use entrant’s name, identity, Instagram handle, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this giveaway (whether or not required), including, without limitation, mailing address, phone number, email address, etc. during entry constitutes permission for the NBPA to use entrant’s personal information for purposes of administration of the giveaway. You also may be added to the NBPA’s customer database and to permit the NBPA or its subsidiaries to contact you in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in the NBPA’s Privacy Policy (located at https://www.nbpa.com/privacypolicy) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of NBPA emails). You understand that you are providing your information to the NBPA. The information you provide to the NBPA will only be used in accordance with the NBPA’s Privacy Policy.

NO LIABILITY & INDEMNIFICATION

By entering this apparel giveaway, you agree to release, discharge and hold harmless the NBPA, Instagram, Inc., and its and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this giveaway or any giveaway-related activities (including, without limitation, the concert) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the giveaway; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the giveaway; acceptance, possession, misuse or use of any prize or participation in any giveaway-related activity or participation in this giveaway; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the giveaway.

If the NBPA’s use of your entry causes the NBPA to be subject to a claim by any third party (including, but not limited to, a claim of infringement), you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.

OTHER TERMS

Decisions by the NBPA on all matters related to the apparel giveaway are final and binding. The NBPA reserves the right to cancel or modify the giveaway for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the giveaway, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the giveaway as determined by the NBPA in its sole discretion. The NBPA reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of the NBPA, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in the NBPA’s sole discretion, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS APPAREL GIVEAWAY MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. THE NBPA RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW & MANDATORY ARBITRATION

Any disputes arising under this apparel giveaway and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of New York. The NBPA and each entrant agrees that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this giveaway and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

SEVERABILITY

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

WINNER ANNOUNCEMENT

To obtain a list of winners, visit @THENBPA on Instagram after September 18, 2019 at 12 P.M. EDT.

NO AFFILIATION

This apparel giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any questions, comments or complaints regarding the giveaway should be directed to the NBPA.

The NBPA

1133 Avenue of the Americas, New York, NY 10036