Adidas America – Trip To Gopro Mountain Games Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
VOID WHERE PROHIBITED.
Win a Trip to GoPro Mountain Games “Sweepstakes”
1. Sponsor: adidas America, Inc.
2. Entry Period Start Date and Time: 12:00AM PDT 26 February 2023
3. Entry Period End Date and Time: 11:55PM PDT 3rd
March 2023
4. Drawing Date: On or about 4th
March 2023
5. Eligibility:
a. Minimum Age: 13 (If under the age of majority, consent of your parent(s), guardian(s) or
legal representative(s) required).
b. Legal Resident of: US (50 States and D.C.)
c. adiClub Members (free to join)
6. How to Enter:
a. adiClub login required.
b. Follow the prompts, enter the requested information and submit your entry as
indicated.
c. Normal time rates and data charges, if any, charged by your internet or mobile service
provider will apply.
7. Number of Winners: One (1)
8. Prize(s) & Approximate Retail Value: 3-night Trip to Vail, CO to attend the Summer GoPo
Mountain games scheduled for June 8, 2022 through June 11, 2022 (winner will choose a 3 day
date range in this time frame) for winner and a guest consisting of: A pair of VIP tickets to three
days of the games; roundtrip coach airfare from major US gateway airport (unless winner
resides within 100 miles of the event location in which case ground transportation may be
substituted), 3 nights hotel accommodations (double occupancy); plus round trip ground
transportation from DIA or EGE to Vail All other expenses are the responsibility of winner.
Lodging: $900
VIP passes: $250
Competition Entries: $80
TERREX product: $600
Ground Transport: $300
VIP Gift bags: $300
GoPro Camera: $400
Approximate retail value $2,830
All other prize details will be determined by Sponsor in its sole discretion. Read section 6 of the
Master Official Rules below for additional details about travel prizes. Winner and guest may be
asked to indicate COVID-19 vaccination status in order to attend event and are subject to all
venue rules.
9. Number of Entries permitted per person: One (1).
10. Odds: Odds of winning depend upon number of eligible entries.
11. Apple is not a participant in or sponsor of this promotion.
Master Official Rules for Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A SWEEPSTAKES. A PURCHASE WILL
NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING A SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES
RECEIVED. SWEEPSTAKES VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. AFFIDAVIT OF
ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
ONLINE REGISTRATION AND INTERNET CONNECTION REQUIRED. ALL DISPUTES WILL BE
RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING
CLAIMS IN A CLASS ACTION FORMAT. BY ENTERING OR OTHERWISE PARTICIPATING IN A
SWEEPSTAKES, YOU AGREE TO THE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM
CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND
INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU, MANDATORY ARBITRATION OF
DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Overview. Adidas America, Inc. (“Sponsor”) or one of its affiliated companies (“Affiliates”)
hosts various sweepstakes on its website or its mobile application (“App”) version of the
website (“Website”). Details for each sweepstakes or giveaway (each a “Sweepstakes”) will be
described in a schedule (“Schedule”) created for each individual Sweepstakes and posted to the
Website or App along with links to these rules (“Master Official Rules for Sweepstakes” or
“Master Rules”). For each Sweepstakes, the associated Schedule and these Master Rules
constitute the official rules (“Official Rules”). By entering, you (or your parent/legal guardian if
you are a minor in your jurisdiction of primary residence) unconditionally agree and accept to
be bound by the Official Rules. The decisions of Sponsor regarding each Sweepstakes will be
final and binding in all respects. Each Sweepstakes provides you with the opportunity to win a
prize or prizes (“Prize(s)”) as described in the applicable Schedule. In the event of a conflict
between a Schedule and these Master Rules, the Schedule shall control. Sponsor reserves the
right to permanently disqualify from any or all Sweepstakes any person it believes has violated
the Official Rules.
2. Eligibility. To be eligible for a Sweepstakes, you must be a member of the adiClub (an
“Creator”). You can become a Creator by registering at the Website. If at any time you remove
yourself from the Creators program by electing to no longer receive the Creators emails from
adidas.com, you will no longer be eligible for Sweepstakes. Sweepstakes are open only to
individuals who are legal residents and physically located in one (1) of the fifty (50) United
States (including the District of Columbia) and Canada (excluding residents of Quebec), who are
at least eighteen (18) years old at the time of entry unless the Schedule expressly indicates that
individuals under the age of 18 are eligible. Skill-testing question required for participants from
Canada. A Schedule may also further limit eligibility based on residency. Employees, directors
and officers of Sponsor, affiliate or partner companies, and each of their respective parents,
affiliates, subsidiaries, advertising and promotion agencies, distributors, co-promotion partners
and any other Prize suppliers (collectively, “Sweepstakes Entities”), and each of their immediate
family members and/or those living in the same household (whether legally related or not) are
not eligible to enter into or win any Sweepstakes. For purposes of a Sweepstakes, immediate
family members are defined as spouse, domestic partner, parents, legal guardians, in-laws,
grandparents, siblings, children and grandchildren. Sweepstakes are void in Quebec and where
prohibited by law. If applicable, Sponsor reserves the right to conduct background checks on a
potential winner and the potential winner’s companion(s), if any, as a condition to receipt of a
Prize. Potential winners and potential winner’s selected companion(s) may first be required to
submit to such background check and cooperate with Sponsor in any way that Sponsor requests
in order to be eligible to receive a Prize. Sponsor reserves the right, in its sole discretion, to
disqualify any potential winner and/or (if applicable) potential winner’s companion based on
such background check if Sponsor determines, in its sole discretion, that awarding the Prize to
such winner might reflect negatively on Sponsor.
3. How to Enter. Once logged in to your Creator Club account, follow the entry instructions in
the Schedule and as further prompted on the App or Website, as applicable. Entries that are in
excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false,
lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may
be disqualified from any and all Sweepstakes, at Sponsor’s sole and absolute discretion.
Attempts made by the same individual to submit multiple entries by creating multiple or false
Creators accounts, or otherwise, may be disqualified. Entries generated by a script, computer
programs, macro, programmed, robotic or other automated means are void and may be
disqualified. Entries originating at any website other than the Website are not permitted and
may be disqualified. For purposes of a Sweepstakes, an entry is “received” when the Website’s
servers record the entry information. Proof of creating a Creators account (such as an
automated computer receipt confirming entry or “thanks for becoming a Creator” message or
delivery confirmation) does not constitute proof of actual receipt of an entry for purposes of a
Sweepstakes. The Website’s database clock will be the official timekeeper for each
Sweepstakes. Entries submitted on behalf of entrants who do not meet the eligibility
requirements (including all requirements with respect to age and residence) are void. Those
who do not follow all of the instructions, provide the required information in their entry form,
or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor
may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry
into one (1) campaign, contest or sweepstakes does not constitute entry into any other. By
participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply
with and abide by the “Official Rules” and the decisions of Sponsor, including the interpretation
of these Official Rules and its exercise of discretion, which will be final and binding in all
respects.
4. Winner Selection and Prize Claiming. The number of winner(s) selected in each Sweepstakes
will be set forth in the applicable Schedule. The potential winner(s) will be selected through a
random drawing on or about the draw date set forth in the applicable Schedule from all eligible
entries received in accordance with the Official Rules. Sponsor will have complete discretion
over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection
of the winner. Decisions of the Sponsor as to the selection of the winner(s) will be final. The
potential winner(s) will be notified using the information provided during entry by either push
notification in App for App-based entries, email, mail or telephone (the method selected in
Sponsor’s sole discretion) in a commercially reasonable time after the drawing, as determined
in Sponsor’s sole discretion. The Sweepstakes Entities are not responsible for false, incorrect,
changed, incomplete or illegible contact information. Notification is deemed to have occurred
immediately upon sending of an e-mail, placing a phone call, one (1) day after sending via a
delivery service or two (2) days after mailing. A potential Prize winner who provides a P.O. Box
may be required to provide an alternative address and this may cause a delay in notification
and acceptance so use of a P.O. Box is discouraged. Sponsor reserves the right to modify the
notification procedures in connection with the selection of any alternate potential winner, if
any. The potential winner(s) and the potential winner’s prize companion (in case of travel or
experience prizes) will be required to submit an affidavit of eligibility / release of liability / Prize
acceptance agreement (collectively, “Affidavit”) and return the Affidavit within the time period
specified at notification before being eligible to receive his/her Prize. If a potential Prize winner
fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if
the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as
undeliverable to such potential Prize winner, such potential Prize winner may be disqualified,
and an alternate may be selected. Additionally, the potential winner may be required by
Sponsor to submit to a background check before being deemed eligible to receive their Prize.
Sponsor reserves the right to disqualify any individual whose background check reveals
information that is inconsistent with the positive images and/or goodwill to which Sponsor
wishes to associate (which may be determined by Sponsor, at its sole and absolute discretion).
Non-compliance with the requirements set forth in this Section shall result in disqualification
and award of the Prize to an alternate winner. Parents or legal guardians of a winner under the
age of majority in their state of residence (which is eighteen (18) in most states but is nineteen
(19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign
the Affidavit in order for a winner to be qualified to receive their Prize. If the potential winner is
found to be ineligible, or if he or she has not complied with the Official Rules, or if the potential
winner cannot attend or participate in any portion of the Prize, or declines a Prize for any
reason prior to award, such potential winner may be disqualified, and an alternate potential
winner may be selected at random. If, for any reason, more bona fide winners come forward
seeking to claim Prizes in excess of the number of each type of Prize set forth in the Official
Rules, the winners, or remaining winners, as the case may be, of the advertised number of
Prizes available may be selected in a random drawing from among all persons making
purportedly valid claims for such Prize. Inclusion in such drawing shall be each entrant’s sole
and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible
for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful
efforts to notify the potential winner or if potential winner is a minor, for late, lost, misdirected,
or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Potential winners from Canada will be required, as a condition of winning a prize, to correctly
answer, without assistance of any kind, the time-limited, mathematical skill-testing question to
be administered by adidas.
5. Odds. Odds of winning will depend upon the total number of eligible entries received.
6. Prize(s) and Values. The Prize(s) to be awarded in each Sweepstakes will be as identified in
the applicable Schedule. Prize(s) are non-transferable, with no cash redemptions, equivalents
or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified
in the applicable Schedule will be determined in Sponsor’s sole and absolute discretion. Prize
details and availability are subject to change and Prize provider’s rules and restrictions, and in
the event that Sponsor is unable to provide the winner with their Prize(s), the Sponsor may
elect to provide winners with the approximate value of such item in cash or award an alternate
Prize of comparable or greater value. In the event a Prize winner (and/or his/her companion(s)
(if applicable)) engage in behavior that (as determined by Sponsor or any Prize provider in its or
their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is
intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to
terminate the trip or other applicable experience early. All Prize(s) are awarded “AS IS” and
without warranty of any kind, express or implied (including, without limitation, any implied
warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely
responsible for all federal, state and/or local taxes, and for any other fees or costs associated
with the Prize(s) they receive, regardless of whether they, in whole or in part, are used. The
approximate retail value (“ARV”) of the Prize(s) is based on available information provided to
Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as
required by law. The winner(s) may be required to provide Sponsor with a valid social security
number or tax identification number before the Prize(s) will be awarded for tax reporting
purposes. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the
jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual
value of the Prize(s) received. Unclaimed Prize(s) will be forfeited. Prize(s), if legitimately
claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated
or stolen Prize(s). If the winner does not accept or use the entire Prize, the unaccepted or
unused part of the Prize will be forfeited, and Sponsor will have no further obligation with
respect to that Prize or portion of the Prize. The total ARV of all the Prize(s) awarded in each
Sweepstakes will be set forth in the applicable Schedule.
Sponsor may award a “Trip Prize” as part of a Sweepstakes. The details of any Trip Prize will be
set forth in the applicable Schedule. Actual retail value of a Trip Prize may vary depending on
point of departure, travel dates and fare/rate fluctuations. If the actual value of the Prize is less
than the stated ARV, the difference will not be awarded. All travel arrangements must be made
through the Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply.
The winner of a Trip Prize must travel as and when designated by Sponsor or that Trip Prize may
be forfeited and an alternate randomly selected winner chosen.
A Trip Prize winner and his/her travel companion must travel together on the same itinerary
and possess all required travel documents, including visas and valid passports, if and as
applicable. It is the responsibility of a Trip Prize winner and their companion(s) to provide
proper documentation (including government issued picture identification). All aspects of the
travel portions of a Trip Prize must be conducted on such dates as determined by Sponsor, in its
sole and absolute discretion. The dates of departure and return are subject to change at
Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and
are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight
variation, work stoppages, and schedule or route changes. Sponsor reserves the right to
structure travel route and select hotels in their sole and absolute discretion. A Trip Prize winner
will not receive cash or any other form of compensation if actual travel costs are less than the
estimate made in the Official Rules. The round-trip air transportation element for any Trip Prize
begins and ends at the point of departure. A Trip Prize is subject to seat and hotel availability,
as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of
Sponsor air travel is not required due to winner’s proximity to a Trip Prize location, ground
transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute
discretion. The difference in value will not be awarded to any Trip Prize winner. Sponsor shall
not be responsible for any cancellations, delays, diversions or substitution or any act or
omissions whatsoever by the air carriers, hotels, venue operators, transportation companies,
Prize providers or any other persons providing any Trip Prize-related services or
accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses
incurred because of flight cancellation/delay or ground transportation delay. No refund or
compensation will be made in the event of the cancellation or delay of any transportation or
other Prize element except at the sole and absolute discretion of Sponsor. Additional Prize
award details and travel information to be provided to a Trip Prize winner at the time of such
Trip Prize notification. Trip Prize winner and companion(s) are also responsible for obtaining
travel insurance (and all other forms of insurance) at their option and hereby acknowledge that
Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
A Trip Prize winner may be required to provide a credit card at the time of hotel check-in.
Companion(s) of a Trip Prize winner must be at least the age of majority in their state of
residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska
and twenty-one (21) in Mississippi) as of the date of departure. Travel companion must execute
liability/publicity releases prior to issuance of travel documents. Once a travel companion is
selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion.
Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth
by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel
vouchers or certificates will not be replaced or exchanged. All expenses not specifically
mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip
Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground
transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag
check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs,
telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations
and conditions apply. Travel and lodging are subject to availability, and any changes made to
either of these will be at the expense of the Trip Prize winner. If, for whatever reason, the event
associated with the Prize is cancelled after the Prize is awarded, Sponsor’s liability for the Prize
is limited only to the non-event portions of the Prize. No compensation will be paid in lieu of
the cancelled event. The winner is strictly prohibited from selling, auctioning, trading or
otherwise transferring the tickets unless Sponsor consents in writing.
7. Publicity Release. Subject to applicable law, the winner(s) irrevocably grants the Sweepstakes
Entities and each of their licensees, and its and their successors, assigns and sub-licensees the
right and permission to use their name, voice, likeness and/or biographical material for
advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all
forms of media and by all manners (now and hereafter known), and on and in connection with
related products, services, advertising and promotional materials (now known or hereafter
developed), worldwide, in perpetuity, without any obligation, notice or consideration except
for the awarding of the Prize to the winner. Entrants agree not to issue any publicity concerning
the Sweepstakes Entities.
8. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of
entrants in connection with any Sweepstakes, including entrants’ attempts to circumvent the
Official Rules or otherwise interfere with the administration, security, fairness, integrity or
proper conduct of a Sweepstakes. Persons found tampering with or abusing any aspect of a
Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage
may be disqualified. Additionally, any attempt to cheat a Sweepstakes, as determined at the
sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant,
as well as other possible consequences, including disqualification from any and all existing and
future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute
discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or
suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike,
obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass
any other person. Sponsor further reserves the right to: (i) terminate or declare any
Sweepstakes null and void and rescind any Prize, if in its sole judgment, the rules or the
integrity of the Sweepstakes have been violated or compromised in any way, intentionally or
unintentionally by any person whether or not a participant in the Sweepstakes.
9.Suspension / Modification / Termination. In the event Sponsor is prevented from continuing
with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood,
epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy,
communications or equipment failure, utility or service interruptions, riot or civil disturbance,
terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by
any party, or any federal state or local government law, order, or regulation, order of any court
or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure”
event or occurrence) Sponsor shall have the right to modify, suspend or terminate any
Sweepstakes or Prize. Sponsor additionally reserves the right, in its sole and absolute
discretion: (1) to modify, suspend or terminate any Sweepstakes should causes beyond
Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or
proper play of that Sweepstakes; or (2) to disqualify any entrant found to be or suspected of:
(a) tampering with the entry process or the operation of a Sweepstakes; (b) acting in violation
of the Official Rules; or (c) acting in an un-sportsmanlike manner.
10.Waivers, Disclaimers and Releases. By participating in a Sweepstakes, entrants agree to
release, discharge and hold harmless the Sweepstakes Entities from and against any and all
claims, liability, costs, losses, damages or injuries of any kind arising out of or related to
entrants’ participation in a Sweepstakes and/or related to any Prize (including, without
limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other
property, or to their persons, related to participation in a Sweepstakes; or arising out of any
violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or
based on any claim of infringement of intellectual property; or from any typographical, human
or other error in the printing, offering, selection, operation or announcement of any
Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, entrants
agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible
or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in
connection with any Sweepstakes and/or with respect to Prizes, including, without limitation,
to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the
personnel, equipment or operation of any air, water or surface carrier, ship line, bus or
limousine company, transportation company, hotel, manufacturer or other person or entity
furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided
in connection with any Sweepstakes; and (C) will not be responsible or liable for any injury,
damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused
or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of
the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any
defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned,
operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent
or unauthorized act or omission on the part of any other person or entity not an employee of
the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the
control of the Sweepstakes Entities. Entrants agree that the Sweepstakes Entities shall have no
responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate
transcription of registration and/or account information; any technical malfunctions of the
telephone network, computer online system, computer dating mechanism, computer
equipment, software, or Internet service provider utilized by Sponsor; interruption or inability
to access the Website, or Sponsor or affiliated entities’ respective websites, or any online
service via the Internet due to hardware or software compatibility problems; any damage to
entrant’s (or any third person’s) computer and/or its contents related to or resulting from any
part of a Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses,
bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the
Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes
Entities from and against any and all liability resulting or arising from any Sweepstakes and to
release all rights to bring any claim, action or proceeding against Sweepstakes Entities and
hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner
responsible or liable for any warranty, representation or guarantee, express or implied, in fact
or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that
may be sent along with a Prize. Sponsor is not responsible for the actions of entrants in
connection with any Sweepstakes, including entrants’ attempts to circumvent the Official Rules
or otherwise interfere with the administration, security, fairness, integrity or proper conduct of
a Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the
Civil Code of California (“Section 1542”) and any similar law of any state or territory of the
United States that may be applicable with respect to the foregoing release are hereby expressly
and forever waived. Entrants acknowledge that Section 1542 provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE
DEBTOR.”
The releases hereunder are intended to apply to all claims not known or suspected to exist with
the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Entry Information and Sweepstakes Communications. As a condition of entering the
Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his/her name,
address and other information to third parties for the purpose of administering each
Sweepstakes and to comply with applicable laws, regulations and rules. Any information
entrants provide to Sponsor may be used to communicate with entrant in relation to any
Sweepstakes or on a winner’s list. In the event of a dispute over the identity of an online
entrant, entry may be deemed submitted by the registered account holder of the e-mail
address associated with the entry for the domain associated with the submitted address
provided that person is eligible. Winner may be required to show proof of being the registered
account holder. Registered account holder is defined as the person assigned to an e-mail
address by an Internet access provider, on-line service provider or other organization
responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the
individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the
affected entry may be deemed ineligible. The Sweepstakes Entities are not responsible for
electronic communications that are undeliverable as a result of any form of active or passive
filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail
messages.
12. Governing Law / Limitation of Liability. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules or the rights and obligations of
entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be
governed by and construed in accordance with the internal laws of the State of Oregon, without
giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO
ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN
DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE;
(2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY
OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE
INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF
ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE
RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY,
SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution and No Class Relief. Except with respect to the protection and
enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to
seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding
arising out of or relating to the Official Rules or any Sweepstakes shall be resolved by
mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary
Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles,
California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall
apply. The arbitration award shall be final and exclusive, and the prevailing party in the
arbitration may file an action in court to confirm and to enforce the arbitration award. Any such
action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this
Section shall be filed and adjudicated in a state or federal court in Los Angeles County,
California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants
irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any
defense of forum non conveniens. Should either party pursue any other judicial or
administrative action with respect to any matter included within the scope of this binding
arbitration provision, the responding party will be entitled to recover its costs, expenses and
attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and
causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be
resolved individually, without resort to any form of class action.
14. Name of Sweepstakes Winner/Official Rules Requests. To receive the name of the winner,
send a stamped self-addressed envelope to: “Sweepstakes Winners List”, adidas America, Inc.
5055 N. Greeley Ave. Portland, Or 97217 (Attn: adiClub Director). Please indicate which
Sweepstakes winners list you are requesting by indicating the name of the Sweepstakes in your
request. For a copy of the Official Rules, send a legal-size, self-addressed, stamped envelope to:
“Sweepstakes Official Rules”, adidas America, Inc. 5055 N. Greeley Ave., Portland, OR 97217
(Attn: adiClub Director) prior to the end of the Entry Period. Please indicate which Sweepstakes
Official Rules you are requesting by indicating the name of the Sweepstakes in your request.
Vermont residents may omit return postage with Official Rules requests.
15. Miscellaneous. The invalidity or unenforceability of any provision of the Official Rules or the
Affidavit will not affect the validity or enforceability of any other provision. In the event that
any provision of the Official Rules or the Affidavit 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 the Official Rules will not constitute a waiver of that
provision. When terms such as “may” are used in the Official Rules, Sponsor has sole and
absolute discretion. Entrants agree to waive any rights to claim ambiguity of the 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
Sweepstakes-related
materials, privacy policy or terms of use on the 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.
16. Sponsor. The Sweepstakes are sponsored by adidas America, Inc. unless an adidas Affiliate is
identified as the Sponsor on a Schedule. Reference to third parties in connection with Prizes
and/or third party websites or services are for reference and identification purposes only and
not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the
Sweepstakes.