ASICS TRE TREADMILL Challenge Contest

NO PURCHASE IS NECESSARY TO ENTER TRE WIN.

Contest Period: The ASICS TRE Treadmill Challenge Contest (“Contest”) will begin at 12:00:01 a.m. Pacific Time on December 3, 2014 (“Contest Start Date”), and will end at 11:59:59 p.m. Pacific Time on December 5, 2014.

Sponsor: ASICS America Corporation, 29 Parker, Irvine, CA 92618

Eligibility: The Contest is intended for viewing and participation in the 50 United States and the District of Columbia (“U.S.”) only, and shall only be construed and evaluated according to U.S. and California law. You are eligible to enter the Contest if you are over 18 years of age and a legal U.S. resident AND ARE REGISTERED AS A “RETAILER” AT THE RUNNING EVENT.  Student-athletes and athletes that currently receive, or in the past have received, any pay or product, or a combination of both, from a sponsor based directly or indirectly on the athlete’s athletic skill are not eligible to participate. 

To participate in the Contest, entrant must attend The Running Event on December 3rd through December 5th, 2014 in Austin, Texas, fill out an entry form, and, take a turn running on the ASICS Treadmill.  Employees, officers, directors, managers and members of the Sponsor, affiliates and subsidiaries, advertising and promotion agencies and anyone working on the implementation of the Contest or the fulfillment of any prizes (“Contest Entities”), as well as the immediate family members (i.e., parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of any of the foregoing are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void where prohibited by law.

How to Enter: To enter the Contest, entrant must fill in an entry form, and run on the ASICS Treadmill at The Running Event. All Entries must be received during the Contest Period. All Entries received during the Contest Period will compete for a Grand Prize (defined below). You may submit as many entries per person per day as desired during the Contest Period. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY, NAME AND LIKENESS MAY BE POSTED ON THE SPONSOR’S WEBSITE OR ON THE SPONSOR’S FACEBOOK PAGE OR ANY OTHER SOCIAL MEDIA FORUM IN THE SPONSOR’S DISCRETION. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the Entry will be disqualified at the Sponsor’s discretion.

Entries which do not conform to these Posting Requirements will be disqualified. The Sponsor further reserves the right, in its sole discretion, at any time during the Contest Period, to disqualify any Entry if it believes that the necessary Clearances have not been obtained. Should any Clearance received not be in a format acceptable to the Sponsor, in its sole discretion, the Sponsor may elect to provide a release form which must be completed and returned prior to the Sponsor’s requested date. The Sponsor also reserves the right to disqualify any Entry submitted by an entrant who is not in compliance with these Official Rules or who acts in an unsportsmanlike or disruptive manner, or who has any intent to annoy, abuse, threaten or harass any other person, as determined in the Sponsor’s sole discretion. Once an Entry is received it cannot be modified or edited.

Prizes: There shall be one (1) Grand Prize Winner. The Grand Prize shall be a trip for the Winner and one (1) verified guest (“Guest”) to Paris, France to participate in the Paris Marathon.  Grand Prize includes: round-trip coach transportation from a major commercial gateway airport near Winner’s residence within the United States to Paris, France; ground transportation to/from airport and hotel; five(5) days/four (4) nights hotel accommodations (one (1) standard double occupancy hotel room), $150 per day spending money and an ASICS apparel/footwear prize pack.  All local, state and federal taxes are the sole responsibility of the Prize Winners.  Approximate Retail Value (“ARV”) of Grand Prize is $5,000. Actual value of Grand Prize may vary depending on Winner’s point of travel origin, airfare and hotel fluctuations.  Any difference between the stated ARV and actual value will not be awarded.  Sponsor and/or agents working under its authority may take pictures and/or videos of the Winner/Guest during the prize trip to use for advertising and/or publicity purposes. The Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right in its sole discretion to substitute any prize with another prize of equal or greater value. All decisions by the Sponsor as to the Grand Prize and the Prize Winner, as well as to all aspects of the Contest, are final and binding.  

Airport, airline, and/or hotel accommodations will be determined by the Sponsor.  All gratuities, luggage fees, and other expenses associated with prize trip not specifically mentioned in these Official Rules are the Winner’s responsibility.  Winner must comply with all security requirements for travel and is solely responsible for obtaining all necessary travel documents prior to departure date for travel (e.g., a valid government-issued passport).  Winner and Guest must sign and return a release of liability/publicity before prize is awarded.  

Contest Winner Determination: One (1) winner will be selected based on the longest consecutive period of time spent running on the ASICS Treadmill as determined by the official ASICS Treadmill stopwatch.  In the event of a tie, the earliest entry will be selected as the winner.  All winners are subject to verification at the sole discretion of the Sponsor, including, without limitation, verification of eligibility, of compliance with these Official Rules, of completion of Clearances or other evidence of compliance with these Official Rules.

Winner Notification: The Prize Winner will be contacted via email or phone and posted on the Website within 10 days after the end of the Contest Period and will then be required to submit additional information to verify age and identity. The Prize Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (“Release”), and to return it within 14 days of written notification. If the Grand Prize is returned as unclaimed or as undeliverable to a potential winner, or if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential winner fails to return any requisite document(s) within the specified time period(s), or if a potential winner is not in compliance with these Official Rules, then that person shall be disqualified, and, at the Sponsor’s sole discretion, the next runner up will be notified. The Prize Winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use that Prize Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. Additional information about the Prize Winner may be required to deliver the prizes and to comply with the relevant local, state, and federal laws. In the event of any dispute or potential dispute regarding the Entry, entrant, Third Party Participants, Identifiable Persons or any third party, the Entry may be disqualified, in the Sponsor’s sole discretion, if the Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules or of any third party rights of any person involved in an Entry.

Release and Governing Law: By participating, entrants  (a) agree to be bound by these Official Rules and by the decisions of the Sponsor which shall be final in all respects; (b) agree that any dispute arising under this Contest will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules; (d) consent to the jurisdiction and venue of the federal, state, and local courts located in Orange County, California; and (e) agree on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the “Releasing Parties”), to release, defend, and hold harmless the Contest Entities and their respective officers, directors, agents, representatives and employees, and those individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, causes of action, suits, and liability including, but not limited to, for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, and any costs or expense including, without limitation, any property damage, personal injury, or death which may occur in connection with participation in the Contest and/or acceptance or use or misuse of any awarded prize. The Releasing Parties agree to hold harmless and to indemnify the Released Parties from and against any claims arising out of a breach by entrant of any of the representation and warranties contained in these Official Rules.

Limitation of Liability: The Released Parties shall not be liable for any (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, disconnections, delays, inability to upload or download or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use or misuse of such prize, or from participation in the Contest; or (v) printing, human typographical, administrative or technological errors in any materials associated with the Contest. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with, this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, computer problem, unauthorized intervention, human error or other error corrupt the administration or security of the Contest. The Sponsor shall not be responsible if the Contest cannot be implemented or if a prize cannot be awarded due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. The Sponsor makes no representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest shall be resolved individually, without resorting to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S AND LEGAL FEES, OR TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S AND LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Privacy: Any personally identifiable information collected during an entrant’s participation in this Contest will be used by the Contest Entities for purposes of the proper administration of the Contest as described in these Official Rules and as set forth in the Sponsor’s published privacy policy on its Website at http://www.asicsamerica.com/privacy

Winners List: Please send a self-addressed, stamped envelope to request the winners list: ASICS TRE Treadmill  Challenge Contest, 29 Parker, Irvine, CA 92618. The Contest Entities, the Sponsor and the Released Parties are not affiliated with Facebook. Facebook is not a sponsor of this Contest.

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Limitation of Liability

Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you.  In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, inclusing, but not limited to, negligence or otherwise) exceed $100.00. 
 

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