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Heaton VIP Summer Survival Kits Official Rules

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HOW TO ENTER:

The Heaton Sandals Sweepstakes (“Promotion”) consists of one (1) winner for each day of the Promotion Period, for a total of eleven (11) winners (each individually a “Winner”).  The Promotion begins at 8:00am EST on April 25, 2013, and entries must be submitted by May 5, 2013, at 10:00pm EST (the “Promotion Period”).  Any entries received after such time will be void.  If you don’t already have a Twitter account, visit www.twitter.com to create one.  It is free to create an account.  Once you have an account, to enter during the Promotion Period, you must follow @FinishLine on Twitter.  You can unfollow @Finish Line once the Promotion Period has ended.  To enter, tweet an answer to the question “What’s the track that gets you hyped for the game?” including the hashtag #FNLHeaton.  Each entrant may enter one (1) time per day during the Promotion Period.  Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries.  Any attempt to do so will be void, and any entries received in excess of the entry limit are void.  Promotion dates subject to change. No purchase necessary. Void where prohibited by law.  Sponsor’s computer is the official time keeping device for this Promotion.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF SPONSOR’S PRODUCTS DOES NOT IMPROVE YOUR CHANCES OF WINNING.

PRIZE:

Each Winner will receive a Summer Survival Camp Prize Package (“Prize”) consisting of: One (1) set of Skullcandy Navigators (Approximate Retail Value $100), one (1) pair of Heaton Sandals (Approximate Retail Value $80), one (1) Heaton T-shirt (Approximate Retail Value $30), and two (2) EA Sports Video Games (Approximate Retail Value $120).  Approximate Retail Value of each individual Prize:  $330.  Total Approximate Value of all Prizes:  $3,630.  Prize is not redeemable for cash.  Prize will not be replaced if lost or stolen and is the sole responsibility of the Winner. No assignment, transfer or substitution of the Prize will be permitted except by Sponsor, who reserves the right to substitute a prize of equal or greater value.  Winner may not designate someone else as the winner.  If you are unable or unwilling to accept a Prize, Sponsor will award it to an alternate potential winner.  Sponsor is not responsible for the inability of any Winner to accept any Prize for any reason.  All expenses on the receipt and use of the Prize, including but not limited to all federal, state, and local taxes, are the sole responsibility of the Winner.  Odds of winning depend on number of total eligible entries received during the Promotion Period.

ELIGIBILITY:

Open only to legal U.S residents of the 50 United States (excluding Rhode Island) and D.C. ages thirteen (13) years and older at the time of entry. Employees and immediate families (spouses, parents, siblings and children) of Sponsor and its parent, subsidiaries, affiliates and their respective directors, officers, employees and agents are not eligible to enter.  Sponsor reserves the right to verify eligibility regarding the qualifications of the Winners.  You are eligible to win only one (1) Prize during the Promotion Period.  This Promotion is governed exclusively by the laws of the United States.  You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States (excluding Rhode Island) or the District of Columbia.

DRAWINGS:

Winners will be selected at random from all eligible entries received throughout the Promotion Period, by an authorized Sponsor representative whose decisions are final.  Each Winner will be notified via his/her Twitter account as provided to Sponsor.  A representative of Sponsor will make at least one (1) attempt to notify the Winner.  Each Winner will have twenty-four (24) hours to respond and claim a Prize.  If any Winner cannot be reached, or does not respond within the specified time period, or is otherwise ineligible, that winner will be disqualified and an alternate winner may be selected.

GENERAL:

 

By entering, participants acknowledge compliance with these Official Rules, and all decisions of Sponsor, which are final in all matters relating to the Promotion. Neither Sponsor nor any telephone network or service providers are responsible for incorrect or inaccurate transcription of entry information, any human error, technical malfunctions, internet service response times, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any web site or online service, or any other error or malfunction, or for late, lost, illegible, stolen, or misdirected entries. Entry materials that have been tampered with or altered are void.  This Promotion is subject to all federal, state, provincial and local laws and regulations.  Sponsor reserves the right, in its sole discretion, to (i) change this Promotion in its sole discretion at any time Sponsor becomes aware of any circumstances or occurrence which would materially affect the Promotion’s security or fairness; (ii) to disqualify any claimant, competitor or nominee whose conduct is contrary to the spirit of these Official Rules or the intention of the Promotion or for any other reason Sponsor deems appropriate and to declare as void any or all of their claims or entries; or (iii) to cancel the Promotion or any part of it at any stage in the event for any reason, including circumstances beyond Sponsor’s reasonable control.  Sponsor is not responsible for typographical or other errors in the offer or administration of this Promotion, including but not limited to errors in advertising, the Official Rules, the selection and announcements of winners, or the distribution of the prizes.

PUBLICITY:

Submitted materials become the sole property of Sponsor and will not be returned.  Except where prohibited by law, the Winner agrees that Sponsor has the right to use the Winner’s name, likeness, voice, photograph, opinions and/or any other information provided by the Winner during the Promotion for promotional purposes, and in any media, worldwide, including but not limited to being published on www.finishline.com, YouTube, Facebook and/or other social media sites without additional compensation or consideration.

INTERNET:

Sponsor disclaims any liability resulting from problems with this Promotion caused by any failures with the hardware, software, transmission, on-line failure or lost, delayed or corrupted data transmitted by participants. Sponsor does not accept any liability for any damage caused to a user’s computer or peripherals due to participation in this Promotion or downloading any information necessary to participate. If Sponsor determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Promotion or if technical difficulties compromise the integrity of the Promotion, Sponsor reserves the right to void the entries at issue and/or terminate the Promotion and conduct a random drawing to award the prizes using all eligible entries received as of the termination date. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the authorized account holder of the Twitter account used to enter the Promotion.

LIMITATION OF LIABILITY/RELEASE:

Each Winner waives any and all claims of liability against Twitter and Sponsor and their agents, affiliates, parents, subsidiaries and their respective employees, officers, directors, representatives, successors and assigns arising from any accident, injury, loss or damage of any kind resulting from participation in this Promotion or from acceptance or use of any of the Prize awarded. Twitter and Sponsor and its/their agents, affiliates, parents, subsidiaries and their respective employees, officers, directors, representatives, agents, licensees, sponsors, successors and assigns make no warranty, guaranty, or representation of any kind concerning the prizes and disclaim any implied warranty. In no event will Twitter or Sponsor and its/their agents, affiliates, parents, subsidiaries and their respective employees, officers, directors, representatives, successors and assigns be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages out of the giveaway.  Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Promotion or any Prize awarded shall be resolved individually and exclusively by the appropriate state or federal court located in Indianapolis, Indiana.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

DISPUTES; GOVERNING LAW:

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the Twitter account submitted at time of entry.  “Authorized Account Holder” is defined as the natural person who is assigned a Twitter account by Twitter, Inc. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the Twitter account associated with the winning entry.  Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or Twitter availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion.  In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion.  Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Indiana, City of Indianapolis.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City of Indianapolis in the State of Indiana. The parties agree not to raise the defense of forum non conveniens.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

ALTERNATE METHOD OF ENTRY:

You may also enter by mail, by hand printing your name, complete address and phone number (including area code and date of birth) either on a post card or separate piece of paper no larger than 81/2 x 11 inches, and mailing the postcard or paper in an envelope with the proper postage affixed to HEATON SANDALS SWEEPSTAKES ENTRY, c/o P. Hall, 1881 9th St, Suite 120, Boulder CO, 80302.  Mail-in entries must be postmarked by April 24, 2013, and received by April 30, 2013.

WINNER’S LIST:

For the name of the Winners, please send a self-addressed, stamped envelope by May 15, 2013, to HEATON SANDALS SWEEPSTAKES, c/o P. Hall, 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235.

PRIVACY STATEMENT:

Sponsor’s use of your information is subject to Sponsor’s Privacy Statement at www.finishline.com.

SPONSOR:

The Finish Line USA, Inc.

3308 N. Mitthoeffer Rd.

Indianapolis, IN 46235

and

Heaton

1049 Camino Del Mar

Suite H

Del Mar, CA 92014

This Promotion is in no way sponsored, endorsed or administrated by, or associated with, Twitter.