Mattingly Sports’ Name Our New Bat Contest 2008 Official Rules

NO PURCHASE NECESSARY. Void where prohibited. Open to U.S.
Residents Only. If a Brand Name is not chosen from amongst the entries, the Sponsor will hold a random drawing and announce a winner from the random drawing.

1. Description of Contest. Mattingly Sports’ Name Our New Bat Brand Contest ("Contest") is a skill promotion in which you must create an original Brand Name for our new Mattingly Bat. To enter the Contest, first create an original Bat Brand Name ("Brand Name"). The winning Brand Name may be utilized in the merchandise sold by Mattingly Hitting Products, Inc. (or its affiliates, licensees and others) (“Sponsor”). The Brand Name may use no more than three [3] English words. Brand Names cannot: (a) be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (e) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (f) contain materials embodying the names, likenesses or other indicia identifying any person, living or dead, without permission; (g) communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (h) depict, and cannot itself, be in violation of any law. By submitting a Brand Name you warrant and represent that it: (a) is your original work, (b) has not been previously registered or trademarked, (c) has not won previous awards, and (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; Any such entrant (and/or entrant's parent/legal guardian if entrant is a minor) will indemnify and hold harmless Sponsor from any claims to the contrary.

2. How to Enter. Contest begins 12:01:00 am Eastern Time ("ET") on July 16, 2008 and ends 11:59:00 pm ET on August 1, 2008 ("Contest Period"). There are two methods of entry. If you are 18 years or older you can enter Online: log on to www.mattinglybaseball.com/contest/bat-name-contest-entry.php and complete the Entry Form. Multiple entries or multiple entries submitted by means of software-generated or other automated processes will be disqualified. By entering, all entrants further agree to be bound by the terms relating to the use of Sponsor's Web Site and its Privacy Policy. If you are under 18 years of age, you must enter via U.S. Mail: Entries can be mailed to Mattingly Hitting Products, Bat Naming Contest, 2 Enterprise Drive, Suite 407, Shelton, CT 06484, postmarked by August 1, 2008, and received by August 1, 2008. All Brand Names must be accompanied by your name, address and phone number. If you are a minor (under 18), you must enter by U.S. Mail and your parent or legal guardian must sign your entry form confirming their agreement to these Official Rules on your behalf. All submissions and brand names become the property of Mattingly Hitting Products, Inc. ("Mattingly Sports" or the "Sponsor") and will not be returned. Sponsor is not responsible for late, lost, mutilated, misdirected, illegible, incomplete or postage due mail or submissions. Proof of mailing does not constitute proof of delivery. You may wish to send your submission by certified mail, return receipt requested, to ensure delivery. BY SUBMITTING A BRAND NAME, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR'S DISCRETION. Submission of a Brand Name grants Sponsor and its agents ownership in the brand name and an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Brand Name in any way, in any and all media, without limitation, and without consideration to the entrant. Limit 3 Brand Name entries per person throughout the Contest Period.
3. Winner Judging. All Brand Names will be judged by representatives of the Sponsor on or about August 3, 2008. This is a subjective review. The name will be chosen according to the following criteria: appropriateness to theme and Mattingly’s Sports brand (50%) (#1); originality and creativity of the Brand Name (25%) (#2); Potential Salability of the Brand Name (25%) (#3). Sponsor will research potential entrants for legal availability. In the event of multiple entries with the same name, the prize will be split evenly among all eligible entrants. Decisions of judges are final and binding. Winner will be notified by phone or mail.
4. Grand Prize: one baseball bat, one Don Mattingly autographed baseball, and one $100 credit for products purchased only on MattinglyBaseball.com (Total ARV of prize: $500). No substitution or transfer of prize except at Sponsor's sole discretion. If a Brand Name is not chosen from amongst the entries, the Sponsor will hold a random drawing and announce a winner from the random drawing.
5. Eligibility. Void where prohibited by law. Employees of Mattingly Hitting Products, Inc., its parent company, and their respective subsidiaries, sales representatives, advertising/promotion agencies and the immediate families (parent, child, sibling and spouse) of each are not eligible. If you are a minor (under 18), your parent or legal guardian must sign your entry form confirming their agreement to these Official Rules on your behalf and you must send in the entry form as provided herein. If you are a minor, do not enter via the internet.
6. Ownership of Materials. By submitting a Brand Name, you (and/or your parent/legal guardian if you are minor) hereby agree that the Brand Name will be exclusively owned by the Sponsor and may be used on any products for sale by the Sponsor at its sole discretion, and the Brand Name can be used in the Sponsor’s advertising campaigns and/or promotional materials without compensation to you. Sponsor reserves the right to alter, change or modify any of the Brand Names submitted, in its sole discretion. As a condition of submitting your entry and Brand Name, you hereby agree to assign all rights, title and interest to your Brand Name to Sponsor and agree to sign all documents necessary to affect such transfer of your trademark/copyright interest. You agree that you will not contest the ownership rights of the Sponsor in the Brand Name or apply for trademark registration in the Brand Name (or any similar names) anywhere in the world.
7. General Conditions. Taxes on prizes are the responsibility of the winner. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Mattingly Hitting Products, Inc., its parent company, and their respective subsidiaries, sales representatives, advertising/promotion agencies, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. By entering the Contest, you hereby grant the Sponsor and its agencies all trademarks and copyrights, the right to display your name, likeness and Brand Name for advertising and promotional purposes in any media whatsoever, unless prohibited by law. By entering, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding regarding all aspects of the Contest. The Winner, and/or parent or legal guardian if Winner is a minor, will be required to have their parent/legal guardian sign and return an Affidavit of Eligibility/ Liability Release/ Publicity Release within 7 days of notification prior to verification as a Winner. Noncompliance with this time period may result in disqualification and selection of an alternate Winner. BY SUBMITTING AN ENTRY, ENTRANT (AND/OR ENTRANT'S PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR) ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR'S DISCRETION. Sponsor reserves the right to verify the eligibility of the winner. By entering, you are agreeing to give the Sponsor consent to the use your name, likeness and provided information for publicity purposes without further compensation, unless prohibited by law. All entrants agree to release and hold harmless the Sponsor, Employees, and their immediate family, partners, employees, subsidiaries, agents, representatives, and affiliates from any and all claims of any kind arising directly or indirectly from the Contest, from any Contest prize, or from any publicity about the Contest. By entering, entrants (and/or entrant's parent/legal guardian if entrant is a minor) agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Connecticut, without giving effect to any choice of law or conflict of law rules. By entering, entrants (and/or entrant's parent/legal guardian if entrant is a minor) consent to the jurisdiction and venue of the federal, state and local courts for Connecticut.
8. Internet. Sponsor is not responsible for any typographical or other errors in the printing, the offering or the announcement of prizes. Sponsor is not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alternate of entry materials: or for technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind; or for inaccurate transmissions of or failure to receive entry information by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or ay combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, The Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right in its sole and unfettered discretion to disqualify any person who tampers with or is suspected of tampering with the entry and/or voting process. Caution: Any attempt by an entrant to deliberately damage a web site, including but not limited to the registration site, or to undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt by made, the Sponsor reserves the right to seek damages and/or other relief from any such entrant to the fullest extent of the law.
9. Winners Name.For the name of the winner, available after August 3rd, 2008, send a self-addressed envelope to: Mattingly Hitting Products, Inc, Brand Name Contest, 2 Enterprise Drive. Suite 407, Shelton, CT 06484, postmarked by August 3rd, 2008.
10. Sponsor. This Contest is sponsored by Mattingly Hitting Products, Inc., 2 Enterprise Drive, Suite 407, Shelton, CT 06484.
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