Brooks Sports – Brooks Run Club Spin To Win Game Sweepstakes

Brooks Run Club Spin to Win Game
Official Rules
Important: Please read these rules before participating in the Instant Win
Game (defined below). By participating in this Instant Win Game, you
agree to be bound by these Official Rules and represent that you satisfy
all of the eligibility requirements below.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Brooks Run Club Spin to Win Game (the “Instant Win Game”) is open only to legal residents
of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the
time of entry. Employees, officers, and representatives of Brooks Sports, Inc., Merkle Inc., as well as the
immediate family (spouse, parents, siblings, and children) and household members of each such employee
are not eligible. The Instant Win Game is subject to all applicable federal, state, and local laws and
regulations and is void where prohibited. Participation in the Instant Win Game constitutes entrant’s full
and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which
are final and binding in all matters related to the Instant Win Game. Winning a prize is contingent upon
fulfilling all requirements set forth herein.
2. Sponsor: Brooks Sports, Inc., 3400 Stone Way N. Suite 500, Seattle, WA 98103. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Instant Win Game begins on September 29, 2021 at 12:00 a.m. Eastern Time (“ET”) and
ends on November 30, 2021 at 11:59 p.m. ET (the “Promotion Period”). Administrator’s computer is the
official time-keeping device for the Instant Win Game.
4. How to Enter: During the Promotion Period, visit https://www.brooksrunning.com/en_us/brooks-run-
club/ and follow the links and instructions to complete and submit the registration form, including a valid
email address. Once you submit the form, you will automatically receive one (1) Instant Win Game play
for that day and proceed to the Instant Win Game page. Follow the links and instructions to play the Instant
Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win
Game will be provided directions for validation. All potential winners are subject to verification before any
prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. If you are
not a potential winner of an Instant Win Game prize, the first three thousand (3,000) eligible entrants will
receive an LED arm band (valued at $3.23) (“Offer”). Limit: one (1) Offer per person.
Limit: Each entrant may play one (1) time per day during the Promotion Period. Multiple entrants are not
permitted to share the same email address. Any attempt by any entrant to obtain more than the stated
number of plays by using multiple/different email addresses, identities, registrations and logins, or any other
methods will void that entrant’s plays and that entrant may be disqualified. Use of any automated system
to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late,
incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event of a
dispute as to any registration or play, the authorized account holder of the email address used to register
will be deemed to be the entrant or player. The “authorized account holder” is the natural person assigned
an email address by an Internet access provider, online service provider, Internet service provider, or other
organization responsible for assigning email addresses for the domain associated with the submitted
address. Each potential winner may be required to show proof of being the authorized account holder.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR
ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER
OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL
ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND
ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT
ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION
PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS
DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.
6. Instant Win Game Prize Selection and Verification of Potential Winners: Receiving a prize is
contingent upon compliance with these Official Rules. Administrator is an independent judging organization
whose decisions as to the administration and operation of the Instant Win Game and the selection of
potential winners are final and binding in all matters related to the Instant Win Game. There will be one
hundred twenty-seven (127) random, computer-generated winning times during the Promotion Period. If
you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you
will be a potential instant winner of the prize indicated. If any potential winner cannot be contacted or fails
to provide any requested information within the required time period, potential winner forfeits the prize. If
any potential winner cannot be contacted or if prize is returned as undeliverable, potential winner forfeits
prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable
prize to an alternate winner by random drawing from among all remaining eligible entries. There will be
three (3) alternate drawings after which the prize will remain un-awarded. Prizes will be fulfilled
approximately 8-10 weeks after the conclusion of the Instant Win Game.
7. Prizes: TWENTY-SEVEN (27) GRAND PRIZES: One (1) Carbonite Jacket. Approximate Retail Value
(“ARV”): $180.00. ONE HUNDRED (100) FIRST PRIZES: Brooks Run Visible Package which includes two
(2) pairs of Carbonite socks and one (1) Notch Thermal Beanie. ARV: $64.00.
Odds of winning an Instant Win Game prize depend on the number of prizes available divided by the number
of eligible Instant Win Game plays. No cash or other substitution, assignment or transfer of any prizes
permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or
another prize of comparable or greater value. Winners are responsible for all federal, state, and local taxes
and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or
guarantee, either express or implied offered by Sponsor. TOTAL ARV OF ALL PRIZES: $11,260.00. Limit:
One (1) Instant Win Game prize per person.
Actual model, color, size and features of the merchandise included in the Instant Win Game prize awarded
will be selected by Sponsor in its sole discretion and may vary from photos used in print, electronic, or
online advertising, including Sponsor’s web site.
8. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner’s consent
to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions, biographical information,
hometown, and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Instant Win Game if fraud,
technical failures, human error or any other factor impairs the integrity of the Instant Win Game, as
determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes
at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the
right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the
operation of the Instant Win Game, or to be acting in violation of the Official Rules of this or any other
promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
damage any website or undermine the legitimate operation of the Instant Win Game is a violation of criminal
and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any
such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision.
10. Release and Affidavit: By receipt of any prize, winner agrees to release and hold harmless Sponsor,
Administrator, and any promotional partners, each of their parent, subsidiary, affiliate, and related
companies, and each of its and their respective officers, directors, employees, and agents (collectively the
“Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind
arising, in whole or in part, directly or indirectly, out of participation in the Instant Win Game or resulting
directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with
the Instant Win Game, including without limitation personal injury, death, and/or property damage, as well
as claims based on publicity rights, defamation, and/or invasion of privacy.
As a condition of being awarded any prize or gift, the winner may (in Sponsor’s sole discretion) be required
to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release
of liability, and any other legal, regulatory, or tax-related documents required by Sponsor’s in its sole
discretion.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate
information, whether caused by entrants, printing errors or by any of the equipment or programming
associated with or utilized in the Instant Win Game; (2) technical failures of any kind, including, but not
limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software;
(3) unauthorized human intervention in any part of the entry process or the Instant Win Game; (4) technical
or human error which may occur in the administration of the Instant Win Game or the processing of entries;
or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or
in part, from entrant’s participation in the Instant Win Game, or receipt, or use of any prize or while traveling
to or from any prize-related activity. If for any reason an entrant’s entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the
Instant Win Game, if it is possible. No more than the stated number of prizes will be awarded. In the event
that production, technical, seeding, programming, or any other reasons cause more than the stated number
of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to
award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible
prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or
connected with this Instant Win Game or any prizes awarded shall be resolved individually, without resort
to any form of class action, and exclusively by the United States District Court for Delaware; (ii) any and all
claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Instant Win Game but in no event attorneys’ fees; and (iii) under no
circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim
punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise increased. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions
concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights
and obligations of the entrant and Sponsor in connection with the Instant Win Game, shall be governed by,
and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of
law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than the State of Delaware.
13. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s
Privacy Policy (https://www.brooksrunning.com/en_us/privacy/privacy-policy.html).
14. Winner List: For a winner list, visit https://bit.ly/3eQTERx, or send a stamped, self-addressed,
business-size envelope after November 30, 2021 to Brooks at the address listed above. The winner list
will be posted after winner confirmation is complete. Residents of VT may omit return postage.
15. Sponsor’s Intellectual Property Notice: Brooks and Brooks Running are trademarks of Brooks
Sports, Inc. The Instant Win Game and all accompanying materials are copyright 2016 by Brooks Sports,
Inc. All rights are reserved.
© 2021 Merkle Inc. All rights reserved.