Adidas – Attend Women’s World Cup Qualifier In Mexico Sweepstakes

SCHEDULE TO OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
VOID WHERE PROHIBITED.
Attend women’s world cup qualifier in (“Sweepstakes”)
1. Sponsor: adidas America, Inc.
2. Entry Period Start Date and Time: 8:00AM PDT 20 JUNE 2022
3. Entry Period End Date and Time: 11:55PM PDT 30 JUNE 2022
4. Drawing Date: On or about 1 JULY 2022
5. Eligibility:
a. Minimum Age: 21.
b. Legal Resident of: US (50 States and D.C.)
c. adiClub Member (free to join)
6. How to Enter:
a. adiClub login required.
b. Follow the in App 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: Trip to attend women’s world cup qualifier in
Monterrey, Mexico scheduled for July 11, 2022 for winner and a guest (minimum age 21)
consisting of:
a. A pair of tickets (General Admission) to the Women’s FMF vs. US Women’s
National Team match on July 11, 2022;
b. Roundtrip coach airfare from major US gateway airport of Sponsor’s selection near
winner’s home to a Monterrey, Mexico airport (unless winner resides within 100
miles of the event location in which case ground transportation may be
substituted);
c. 2 nights hotel accommodations (double occupancy) or Airbnb accommodations
with check-in on July 10, 2022 and check-out on July 12, 2022;
d. $1000 Visa Gift Card to cover hotel/airport transfers. Total Approximate Retail
Value of Prize is $4,500.
Winner is responsible for all other expenses. 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 RELEASED
PARTIES FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR
RIGHTS AND REMEDIES.
1. Overview. Adidas America, Inc. or one of its affiliated companies hosts various sweepstakes
on its website (“Website”) or one or more of its mobile applications (“App”). Details for each
adidas sweepstakes (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 (a
“Member”). You can become a Member by registering at the Website or in App. If at any time
you remove yourself from the adiClub program by electing to terminate your account, you will
no longer be eligible for the Sweepstakes. Sweepstakes are open only to individuals who are legal
residents and physically located in a jurisdiction identified in the Schedule who meet the
minimum age identified in the Schedule. Children under the age of thirteen (13) are always
excluded from eligibility. 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 adiClub account, follow the entry instructions in the
Schedule and as further prompted on an 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 adiClub
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 App or Website are not permitted and may be
disqualified. For purposes of a Sweepstakes, a Website or App entry is “received” when the
adidas servers record the entry information. Proof of creating an adiClub account (such as an
automated computer receipt confirming entry or “thanks for becoming a Member” 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, pushing notification or placing of 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) may 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 APP 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 and any other entities identified
in a Schedule as a beneficiary of the waivers, disclaimers and releases in these Official Rules
(collectively, the “Released Parties”) 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 Released Parties: (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 Released Parties, and (4) by any cause,
condition or event whatsoever beyond the control of the Released Parties. Entrants agree that
the Released Parties 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 App, 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 Released Parties. Each entrant further agrees to indemnify and hold harmless Released
Parties 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 Released Parties and hereby
acknowledge that Released Parties 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 Released Parties 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 Released Parties 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 App or 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 the adidas entity identified in a Schedule to
the Master Official Rules. 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.