Puma

Customize a sneaker and win with Finish Line’s ‘Your Creation, Your Kicks’ Contest

Share

FINISH LINE ‘YOUR CREATION, YOUR KICKS’ 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 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. Promotion and Promotion Period are subject to change. 

DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT AGREE TO THESE OFFICIAL RULES. SUBJECT TO ALL FEDERAL, STATE/PROVINCIAL AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1.  PROMOTION PERIOD:  

The Finish Line ‘Your Creation, Your Kicks’ Contest (the “Promotion”) begins on July 17, 2020 when the ‘The Fresh Press’ blog post announcing the Promotion is published at 10:00 AM EST (“Promotion Post”) and ends on July 31, 2020 at 12:00 PM EST) (the “Promotion Period”). The Promotion is endorsed by PUMA North America, Inc. (“Brand Partner”). Sponsor’s computer is the official clock for the Promotion. Any Entry received before or after the Promotion Period will be void (except as otherwise provided in these Official Rules).   

2. PROMOTION THEME:

Design an original, customized version of a PUMA Future Rider and/or PUMA Cali Sport inspired by your local neighborhood, city, landmarks or community. 

3. ELIGIBILITY

The Promotion is open to legal residents of the United States and the District of Columbia who are at least 16 years or older and a follower of @finishline or @finishlinewomen on Instagram at the time of entry (“Entrant”). If an Entrant is a minor in Entrant’s state of residence (a “Minor”), then Entrant must get a parent or legal guardian’s permission to enter the Promotion before submitting an Entry. Eligibility of Entrant will be determined by Sponsor in its sole and absolute discretion. The Promotion is void in Rhode Island, U.S. Territories, outside of the U.S., and where prohibited by law. Employees of Sponsor and Brand Partner or their respective affiliates, subsidiaries and divisions or advertising and promotion agencies and subcontractors (“Promotion Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in the same household of each such individual, whether or not related, are not eligible to enter or win. Sponsor reserves the right to verify eligibility regarding the qualifications of Entrants and the Winners.

4. HOW TO ENTER:

Any “Entry”, as described below, not in compliance with these Official Rules will be disqualified. Proof of submission does not constitute proof of receipt of Entry or proof of entry into the Promotion. All Entries become the property of Sponsor, subject to the terms of these Official Rules.

Entry: There is one (1) method of entry for this Promotion. To create an Entry and enter the Promotion, an eligible Entrant must:

  • Download the PUMA World Unity page(s) of the PUMA Future Rider and PUMA Cali Sport image templates (the “Template”) provided by Sponsor with the download button available on the Promotion Post. Additional terms apply.
  • Create an ORIGINAL, customized design using the image of the PUMA Future Rider and/or PUMA Cali Sport on the PUMA World Unity page(s), using paint, pencil, crayon, marker, graphic design or other durable media (the “Customized Design”). Customized Design must comply with Sponsor’s Customization Guidelines, as set forth below (the “Customization Guidelines”). 
  • Take a photo of the Customized Design or scan the Customized Design as a .pdf file.
  • Complete all required fields in the Promotion Google Submission Form (the “Submission Form”) and submit the Submission Form. A Gmail (i.e., Google email) account is required to complete this submission form (it is free to create a Gmail account). The Submission Form will require the following information:
    • Your full name
    • Your age
    • An original name for your Customized Design(s)
    • An explanation on the inspiration of your Customized Design(s) (explaining your selection of colors, materials and themes for the Customized Design(s) and how your Customized Design was inspired by your local neighborhood, city, landmarks or community) (the “Prompt”).
    • The Instagram handle you use to follow Finish Line (@finishline or @finishlinewomen) on Instagram. 
    • Your Gmail email address
    • An uploaded image of your Customized Design(s) (uploaded in JPG, PNG or PDF format)
    • An affirmation that you (or your parent or legal guardian if you are a Minor) has read and reviewed these Official Rules.

Content submitted must comply with Sponsor’s Content Guidelines, as set forth below (the “Content Guidelines”). Changes to Customized Design, after submission of the Contest Entry Submission Google Form, will not be permitted. 

Entry Limits: One (1) Entry may include a Customized Design of both the PUMA Future Rider and PUMA Cali Sport or of either the PUMA Future Rider or PUMA Cali Sport, using the Template. An eligible Entrant can submit multiple Entries provided that each Entry is for a different Customized Design. DO NOT SUBMIT THE SAME EXACT CUSTOMIZED DESIGN MORE THAN ONCE. Assistance from other persons in creating a Customized Design (including, for a Minor, by his/her parent or legal guardian) or joint/group/team submissions are prohibited.  

Platforms: For purposes of these Official Rules, Google and Instagram shall be collectively referred to herein as the “Platforms”.

Technical Issues: Entrant acknowledges that Sponsor cannot control certain factors, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Promotion. 

Authorized Account Holder: Multiple Entrants are not permitted to share the same email address or Platform account. Each potential Winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of an account holder, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the user who submitted the entry. 

Mobile Devices Used for Entry: If Entrant opts to participate in this Promotion, such participation may be via Entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter) and standard text messaging rates or data charges may apply for each text message or data sent or received from Entrant’s handset according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on messaging rate plans and charges relating to Entrant’s participation in this Promotion. Participation in this Promotion by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Promotion, including notifications to Entrant if Entrant is a potential winner in this Promotion, which will be subject to the charges pursuant to Entrant’s carrier’s rate plan. Use of Platform may not be available from all mobile phone service carriers and handset models. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone’s capabilities for specific instructions.

Additional Entry Terms: Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. By entering, an Entrant agrees to waive any rights Entrant may have to the Entry submitted.

Entrant Data and Privacy: Submission of the Entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your name, address and other details for Promotion administration purposes. Any Entrant Data shall be used in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Privacy Policy, which can be found at finishline.com/privacy

Right to Use Personal Information and Intellectual Property: Each Entrant and Winner hereby expressly grants to the Sponsor, Brand Partner and Promotion Entities and their respective designees all rights and permissions to use and publish his/her name, portrait, picture, video, likeness (photographic or simulated), voice, footage, opinions, biographical information, and state/province/territory of residence for all purposes, including without limitation, advertising, marketing, promotional, and publicity purposes in connection with this Promotion in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of consideration, compensation, or permission, except where prohibited by applicable law, 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, except where prohibited by law (“Marketing”). Winner hereby disclaims and waives any claim of right to such Marketing, or any claim of control over the Marketing content, including any possible claims of misuse of Winner’s name, likeness or voice under contract, tort or any other theory of law.

5. CONTENT:

Customization Guidelines:

Sponsor and its affiliates (collectively, “JD Finish Line”) may, from time to time, facilitate the customization of footwear and apparel. Any artist engaged by JD Finish Line, or by a JD Finish Line brand partner, to customize footwear and apparel (with his/her/their own design or a design inspired by another person, like a customer) and any JD Finish Line customer who submits ideas, concepts or designs for customized footwear or apparel are subject to JD Finish Line’s Customization Guidelines.

Under JD Finish Line’s Customization Guidelines, JD Finish Line reserves the right to reject any footwear or apparel customization idea, concept or design (including as incorporated in a finished product) (collectively, “Design”) that does not meet JD Finish Line’s Customization Guidelines.

JD Finish Line’s Customization Guidelines are as follows:

  • Design must be an original work and must not have been copied from another work.
  • Design must not have been previously published.
  • Design must not violate the rights of any person or entity (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity).
  • If Design features the name or likeness of an individual person, that person must have given permission for his/her/their name or likeness to have been so used.
  • Design must not contain personally identifiable information.
  • Design must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
  • Design must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
  • Design must not promote any activities that are unlawful or appear to be unsafe or dangerous.
  • Design must not defame, misrepresent or contain disparaging remarks.
  • Design should not communicate messages or images inconsistent with the positive images and/or goodwill to which JD Finish Line (and, were applicable, a JD Finish Line brand partner) wishes to associate.

Content Guidelines: 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, provided that nothing in these Content Guidelines limits the Customization Guidelines with respect to the Customized Design or Final Design.

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 Google.
  • 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 communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. 

Assignment and Grant of Rights:

In exchange for the opportunity to participate in the Promotion, as good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, Entrant (or, if a Minor, Entrant’s parent or legal guardian):

  • grants to Sponsor and Brand Partner, and their respective designees, the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, edit, modify, exhibit, reproduce, distribute, perform and display publicly, prepare derivatives thereof, and/or otherwise exploit Entrant’s Entry and Customized Design in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant;
  • waives any moral rights of authors or similar natural rights of ownership Entrant may have in the Entry and Customized Design; 
  • agrees, upon request by Sponsor and Brand Partner and without further compensation of any kind, to execute any additional documents so as to effect, record or perfect the assignment and grant of rights contemplated by these Official Rules;
  • irrevocably consents to, and authorizes Sponsor and Brand Partner and its representatives, agents, licensees, successors and assigns, and those acting with the permission or authorization of any of them to use Entrant’s image, voice, name, photograph, and/or other aspects of Entrant’s likeness (collectively, “Entrant’s Likeness”), and to reproduce, distribute, display and perform publicly, and to prepare derivative works of any or all of the depictions or recordings of Entrant’s Likeness taken, captured, or provided as part of, or associated with, Entrant’s participation in the Promotion, in which Entrant’s Likeness may be included in whole or in part, whether composite or distorted in character or form, in conjunction with or without Entrant’s name, or with a fictitious name or avatar, made through any medium or in any format, for publicity, advertising, promotion, or any other lawful purpose related to or associated with the Promotion, all without notice or any compensation to Entrant;
  • understands and agrees that: (a) Sponsor has wide access to ideas, stories, designs, other literary and artistic materials, and creative works submitted to it from outside sources or being developed by its own employees or subcontractors and that such idea, stories, designs, other literary and artistic materials, and other creative works may be competitive with, similar to (or even identical to) Entrant’s Entry and Customized Design and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith; and
  • understands and agrees that Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to Entrant relative to Entrant’s Entry or Customized Design. 

Furthermore, in exchange for the opportunity to participate in the Promotion, the Prize and name recognition associated with the Winner announcement, as well as other good and valuable consideration, the receipt and sufficiency of which is irrevocably hereby acknowledged by Entrant, the Entrant who is selected as the Winner (or, if Entrant who is selected as the Winner is a Minor, the Entrant’s parent or legal guardian):

  • hereby assigns and agrees to assign to Brand Partner all of Entrant’s rights, title, and interest in and to the copyrights in and to the Entry and Customized Design, all tangible fixations of the Customized Design, and any prototypes, models or other work product relating to the winning Customized Design, whether or not submitted to Sponsor or Brand Partner (collectively, “Work Product”), including but not limited to the copyrights and renewal rights in the Work Product, worldwide;
  • agrees to execute any additional documents so as to effect, record or perfect the assignment and grant of rights contemplated by these Official Rules; 
  • agrees that Sponsor may, in coordination with the Brand Partner, BUT IS IN NO WAY OBLIGATED TO, use Entrant’s Entry or Customized Design, including without limitation, to create and produce for Entrant and/or for retail sale a PUMA Future Rider or PUMA Cali Sport sneakers based on the Winner’s Customized Design. 

Should Sponsor, in its sole discretion, choose to, in coordination with the Brand Partner, create and produce for the Winner and/or for retail sale PUMA Future Rider sneakers or PUMA Cali Sport sneakers based on Winner’s Work Product, the following conditions shall apply:

  • Any and all aspects of any such use of the Winner’s Work Product shall be determined by Sponsor in its sole discretion without review, approval or notice of any kind to Winner (or, if Winner is a Minor, Winner’s parent or legal guardian). 
  • Sponsor may, but is not obligated to, attribute PUMA Future Rider sneakers or PUMA Cali Sport sneakers, as the case may be, created and produced based on the Winner’s Work Product to the Winner. If Sponsor chooses to do so, any and all aspects of the attribution (including the content and format of the attribution as well as how the Winner is identified therein) shall be determined by the Sponsor in its sole discretion. Winner (or, if Winner is a Minor, Winner’s parent or legal guardian) shall not have right to review or approve any such attribution. 
  • Winner will NOT receive any payment, royalty, compensation or other consideration (other than the Prize) in conjunction with any such use of Winner’s Work Product.
  • For avoidance of doubt, Sponsor shall have no liability to Winner (or, if Winner is a Minor, Winner’s parent or legal guardian) if Sponsor refrains from using Winner’s Work Product for any reason. 

6. JUDGING AND PRIZE DETAILS:  

Judging: Entries will be judged by a qualified panel of judges, selected by representatives of Sponsor and Brand Partner, in their sole discretion, and whose decisions are final and binding in all matters relating to the selection of a Winner in this Promotion (the “Judges”). Entries will be judged on the following criteria: 25% Creativity; 25% Quality; 25% Originality; and 25% responsiveness to the Prompt(s). In case of a tie for the Winner, tied Entries will be broken by cumulative points awarded for “Creativity, Quality, and Originality”. If a tie continues, then tie(s) will be broken by the Entry with the highest cumulative point score for “Creativity and Originality.”  If a tie continues, Judges may, in their sole discretion, choose the Entry that provides the best response to the Prompt.

Winners: There will be one (1) winner selected by Sponsor (“Winner”).  

The Winner will be selected by Sponsor during the week of August 10, 2020 (and shall be selected no later than August 14, 2020). The Winner will be notified via email on the Gmail account listed in the Winner’s Submission Form with the winning Entry. A representative of Sponsor will make at least one (1) attempt to notify the Winner. The Winner will have 48 hours to respond and claim the Prize. The Winner may be emailed by Sponsor (with or subsequent to the Winner notification email) a Declaration of Eligibility and Release of Liability/Publicity Form (“Declaration”) and/or form W-9 (Tennessee residents need not sign the publicity releases). The Winner will then be required to sign and return the Declaration and/or form W-9 within the time period stated by Sponsor. If the 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. Non-winning entries will not carry forward or included in any subsequent Promotions. The 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.

Winner Announcement: In addition to the Prize, Sponsor may announce and promote the Winner and Winner’s Customized Design across several digital and/or social media channels, including without limitation Sponsor’s blog, The Fresh Press, Sponsor’s Instagram account (@finishline) and Sponsor’s marketing email channel, providing appropriate attribution to Winner for Winner’s Customized Design (“Winner Announcement”), at Sponsor’s sole discretion. Sponsor is not obligated to make any Winner Announcement, or to promote the Winner or Winner’s Customized Design.  

Prize Details:  Total of three (3) Prizes. Winner will receive one (1) Finish Line gift card pre-loaded with $500.00 (“Gift Card Prize”), one (1) set of PUMA World Unity apparel, footwear and/or accessories (as selected by PUMA and Sponsor and in sizes selected by Winner) (“World Unity Prize”) and up to five (5) PUMA Future Rider or PUMA Cali Sport sneakers featuring the Final Design (to be provided by PUMA and in sizes selected by Winner) (“Footwear Prize”) (collectively, the “Prize”). Winner is eligible to win only one (1) Prize under the Promotion. Approximate retail value of a Gift Card Prize: $500.00. Approximate retail value of the Footwear Prize (prior to being customized): For one (1) pair of PUMA Future Rider, $80 (or $400 for five (5) pairs of PUMA Future Riders) and for one (1) pair of PUMA Cali Sport: $90 (or $450 for five (5) Pairs of PUMA Cali Sports). Approximate retail value of the World Unity Prize: $50 to $800. Approximate total retail value of all the Prize: $950 to $1,750. Sponsor’s Gift Card Terms and Conditions apply. Customized Design for Footwear Prize may be modified as needed, as reasonably determined by PUMA and/or the PUMA’s professional agent or contractor engaged to create a final design of the Footwear Prize based on the Customized Design (the “Final Design”). PUMA and/or the PUMA’s professional agent or contractor may consult with Winner on the Final Design, but is not obligated to do so. The Final Design is subject to Sponsor’s Customization Guidelines.

Prize Awarding: Prize will be awarded, provided more than enough entries have been received. Prize awards are subject to verification of eligibility, compliance with these Official Rules and size availability (where applicable). A Prize is not redeemable for cash (except as otherwise required by law). 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.   

The Winner may not designate another person as the Winner. Any portion of a Prize not accepted or unclaimed by the Winner will be deemed forfeited by the Winner. If the Winner cannot be reached by Sponsor, does not respond within the required time to Sponsor’s attempt to notify the 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 otherwise unable or unwilling to accept the Prize, the 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. 

7. 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 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 select the Winner 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, in its sole discretion, disqualify any Entrant it finds 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 user accounts or methods of entries will void all of that Entrant’s Entries and that Entrant may be disqualified.

8. GENERAL:

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.

9. DISCLAIMERS:

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 the Winner 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.

10. RELEASE: 

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. 

11. 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. 

12. DISPUTES; GOVERNING LAW:

This Promotion is conducted in English. 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.

13. WINNER’S LIST: For the name of the Winner, please send a self-addressed, stamped envelope within sixty (60) days after the date the Winners are selected: via email to kbillinghurst@finishline.com with “Finish Line ‘Your Creation, Your Kicks’ Contest” as the email subject.

14. PRIVACY POLICY: Personal information submitted by Entrants, and Sponsor’s use of such information, is subject to Sponsor’s Privacy Policy available at finishline.com/privacy.  

15. SPONSOR: 

The Finish Line USA, Inc.

3308 N. Mitthoeffer Rd.

Indianapolis, IN 46235

The Promotion is not sponsored, endorsed or administrated by, or associated with, Google or Instagram. 

The Promotion is not sponsored or administrated by PUMA North America, Inc.

16. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

Share