FINISH LINE “ADIDAS PINK PACK CONTEST” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF SPONSOR’S PRODUCT OR PAYMENT OF ANY KIND DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the Promotion, you (as an “Entrant”) agree to be bound by these Official Rules and the decisions of the Sponsor pertaining to the Promotion, which you further agree shall be final and binding in all matters pertaining to the Promotion.
DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT AGREE TO THESE OFFICIAL RULES.
HOW TO ENTER:
The Finish Line adidas Pink Pack Contest (“Promotion”) begins on August 8, 2019 at 10:00:00 am EST and ends August 10, 2019 at 11:59:59 pm EST (the “Promotion Period”). Any Entry received before or after the Promotion Period will be void. Sponsor is the official time keeper for the Promotion.
During the Promotion Period, follow @FinishLineWomen and @adidas on Instagram, post a comment about your favorite adidas Pink Pack Contest Instagram post, and tag a friend, to receive one (1) entry (an “Entry”) into the Promotion.
Limit one (1) Entry per person, per day of the Promotion Period. An Entrant may use only one (1) Instagram account to submit an Entry. Entrant and Entrant’s tagged friend must follow @FinishLineWomen and @adidas on Instagram for Entrant’s posted comment to qualify as an Entry in this Promotion.
You must have an Instagram account to participate in the Promotion. In order for your Entry to be valid, your Instagram account must be public and viewable by the Sponsor. Entries will not be acknowledged.
By submitting an Entry, an Entrant represents and warrants that the Entry conforms to the requirements described in these Official Rules, including without limitation the Content Guidelines. Each Entry is subject to, at any time, verification by Sponsor. Sponsor reserves the right to waive any Entry requirements set forth in these Official Rules.
Promotion and Promotion Period are subject to change.
To be eligible to enter or win, you must be a legal resident of the U.S., at least 13 years or older at the time of entry and a member of Sponsor’s Winner’s Circle Rewards Program. The Promotion is void in Rhode Island and U.S. Territories, outside of the U.S. and where prohibited by law. Employees and immediate families (spouses, parents, siblings and children) of Sponsor and its affiliates, parents and subsidiaries and their respective owners, officers, directors and employees are not eligible to enter or win. Sponsor reserves the right to verify eligibility regarding the qualifications of Entrants and Winners.
In case of dispute as to the identity of any Entrant, an Entry will be deemed made by the Authorized Account Holder of the Instagram account by which the Entry was submitted. “Authorized Account Holder” is defined as the natural person who is assigned to the Instagram account in question. Any Entrant may be requested to provide Sponsor with proof that such Entrant is the Authorized Account Holder of the Instagram account associated with the Entry.
As used in these Official Rules, “Content” refers to all information, photos, hashtags, captions, descriptions, comments or other content an Entrant submits in connection with an Entry.
By submitting an Entry, an Entrant represents and warrants that: (a) Entrant’s Content is Entrant’s original work; (b) Entrant’s Content has not been previously published; (c) Entrant’s Content has not been copied from others; (d) Entrant’s Content does not violate any rights of any other person or entity (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity); (e) Entrant has permission to use the name or likeness of any person featured in Entrant’s Content; and (f) the publication of the Content will not infringe on the rights of any person or entity.
All Content must conform to the following guidelines:
- Content must be in a format acceptable to and comply with the terms of Instagram.
- Content must not have been generated by automated or like methods of submission.
- Content must not contain any personally identifiable information.
- Content must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
- Content must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
- Content must not promote any activities that are unlawful or appear to be unsafe or dangerous.
- Content must not defame, misrepresent or contain disparaging remarks about Sponsor or its products and services or other persons, entities or products.
- Content should not promote any particular political agenda or message.
- Content should not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
Entries will be judged based on creativity, quality, originality and responsiveness to the applicable prompt, if any. There will be one (1) winner selected by Sponsor (the “Winner”). Prize award is subject to verification of eligibility and compliance with these Official Rules. Odds of winning depend on number of total eligible Entries received during the Promotion Period.
Winner will receive a custom kit styled by Bea Miller. The kit will include footwear, a top, and bottoms selected by Bea Miller, along with a note from Bea Miller. A Winner is eligible to win only one (1) Prize under the Promotion. Approximate retail value of the Prize: $400.00.
A Prize is not redeemable for cash. A Prize is the sole responsibility of a Winner upon receipt and will not be replaced by Sponsor if lost or stolen. 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. By accepting a Prize, a Winner agrees to release and hold the Released Parties, including the Sponsor, harmless against any and all claims, damages, losses, expenses and liability for any injury or damage caused, or claimed to be caused, by the acceptance or use of any Prize.
Winner will be notified via Instagram Direct Message by August 5, 2019, 2019. A representative of Sponsor will make at least one (1) attempt to notify a Winner. A Winner will have 24 hours to respond and claim the Prize. A Winner who timely responds to claim the Prize will be asked for their email address and residential address. A Winner may then be emailed or mailed a Declaration of Eligibility and Release of Liability/Publicity Form (“Declaration”) and/or form W-9. A Winner will then be required to sign and return the Declaration and/or form W-9 within the time period stated by Sponsor. If a Winner is under the age of majority in their state of residence, the Winner’s parent or guardian may, in Sponsor’s sole discretion, be required to sign and return a Declaration and/or form W-9 within the time period stated by Sponsor.
Winner is solely responsible for filing all required tax forms and returns and all federal, state and local taxes and other fees associated with Prize receipt and use.
A Winner may not designate another person as the Winner. Any portion of a Prize not accepted or unclaimed by a Winner will be deemed forfeited by the Winner. If a Winner cannot be reached by Sponsor or does not respond within the required time to Sponsor’s attempt to notify Winner or by the deadline set by the Sponsor for the return of any completed and signed Declaration and/or form W-9 or is unable or unwilling to accept the Prize, Winner will be deemed to have forfeited the Prize and Sponsor may select an alternative Winner and award the Prize to that alternative Winner. Sponsor is not responsible for the inability of any Winner to accept any Prize for any reason.
Submitted materials become the sole property of Sponsor and will not be returned. Except where prohibited by law, all Entrants and Winners agree that Sponsor has the right to use an Entrant’s or Winner’s, as the case may be, name, likeness, voice, photograph, opinions and/or other information, provided by the Entrant or Winner, as the case may be, for promotional purposes relating to the Promotion, in any media, worldwide, including but not limited to Sponsor’s website, www.finishline.com, and accounts on various social media sites (such as Instagram, YouTube or Facebook) without additional compensation or consideration to Entrant or Winner.
ENTRY DISQUALIFICATION AND PROMOTION CHANGES:
Incomplete and unintelligible Entries, and Entries that do not fully comply with all of the requirements set forth in these Official Rules including without limitation the Content Guidelines, may be disqualified.
Sponsor reserves the right, in its sole discretion, to (a) change the Promotion in its sole discretion at any time without liability to Entrants or third parties, including if and when Sponsor becomes aware of any circumstances or occurrence which would materially affect the Promotion’s administration, security, fairness, integrity or proper conduct; (b) disqualify any Entrant or Winner whose conduct is contrary to the spirit and intention of the Promotion and these Official Rules or for any other reason Sponsor deems appropriate and to declare as void any applicable Entry or Entries; or (c) modify, cancel or suspend the Promotion or any part of it at any stage for any reason, including circumstances beyond Sponsor’s reasonable control.
Without limiting the foregoing, if the Sponsor elects to modify, cancel or suspend the Promotion for reasons which may include, without limitation, unauthorized intervention, fraud, technical failures or any other causes which may affect or corrupt the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right to void any and all Entries and judge and select Winners from among all eligible, non-suspect Entries received up to the time of modification, cancellation or suspension of the Promotion.
Without limiting the foregoing, Sponsor reserves the right to, at its sole discretion, disqualify any Entrant 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 or engaging in other unfair playing practices (including by the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor agents or representatives. By way of example, any attempt by an Entrant to obtain more than the permitted number of Entries by using multiple or different Instagram accounts will void all of that Entrant’s Entries and that Entrant may be disqualified.
The Promotion is subject to all federal, state, provincial and local laws and regulations. By participating in the Promotion, an Entrant acknowledges compliance with these Official Rules and all decisions of Sponsor, which are final in all matters relating to the Promotion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
To the maximum extent permitted by applicable law: Sponsor is not responsible for (a) typographical or other errors in the offer or administration of the Promotion, including but not limited to errors in advertising, these Official Rules, the selection and announcements of Winners or the distribution of any Prize; (b) Entries not received within the Promotion Period or Entries that are otherwise lost, late, damaged, delayed or incomplete; (c) any interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person’s computer relating to or resulting from participating in the Promotion; (d) unauthorized intervention, delayed, jumbled or garbled computer transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of Entry information online whether caused by Internet users or any of the equipment or programming associated with or utilized in the Promotion, regardless of cause that may limit a person’s ability to participate in the Promotion.
To the maximum extent permitted by applicable law: with respect to a Prize, Sponsor makes no representations and grants no warranties, express or implied, either in fact or by operation of law, by statute or otherwise, and Sponsor specifically disclaims any warranties, whether written or oral or express or implied, including any warranty of quality, merchantability, fitness for a particular use or purpose or noninfringement.
To the maximum extent permitted by applicable law, Entrants waive any and all claims of liability against Sponsor and its affiliates, parents and subsidiaries and its and their respective owners, officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) arising from any claims, damages, losses, expenses and liability of any kind (collectively, Losses”) arising from or otherwise related to the Promotion, including without limitation any Losses arising from or otherwise related to an Entrant’s participation in the Promotion or from a Winner’s acceptance or use of any Prize awarded. The foregoing release shall not apply to any Losses arising from Sponsor’s own negligence or more culpable conduct or omissions.
LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event will any of the Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of or otherwise relating to the Promotion or any Prize, including without limitation any Losses arising from or otherwise related to an Entrant’s participation in the Promotion or from a Winner’s acceptance or use of any Prize awarded. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the foregoing limitation may not apply to an Entrant.
DISPUTES; GOVERNING LAW:
By participating in the Promotion, an Entrant waives 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. By agreeing to arbitration, an Entrant understands and agrees that the Entrant is waiving Entrant’s rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
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, Entrant irrevocably submits and consents 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. Entrant agrees not to raise the defense of forum non conveniens.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE 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.
For the name of the Winner(s), please send a self-addressed, stamped envelope by August 24, 2019, to The Finish Line USA, Inc., c/o M. McFadden, 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235 or via email to email@example.com with “Finish Line Pink Pack Winner List” as the email subject.
The Finish Line USA, Inc.
3308 N. Mitthoeffer Rd.
Indianapolis, IN 46235
The Promotion is in no way sponsored, endorsed or administrated by, or associated with, Instagram.