Fooji Adidas – Mahomes Zone – Win two digital gift codes

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ADIDAS MAHOMES ZONE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL
NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY
LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS
DEFINED BELOW), YOU MUST LIVE IN THE UNITED STATES OF AMERICA AND
MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL
RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE
PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR
INDEMNIFICATION OF THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY
YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT
MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR
ADMINISTERED BY OR ASSOCIATED WITH TWITTER, THE NFL, OR ANY NFL
TEAMS OR PROPERTIES.
1) Sweepstakes Entry Period: The Adidas Mahomes Zone Sweepstakes (the
“Sweepstakes”) begins at approximately 12pm ET on February 7, 2021 and ends at approximately
11pm ET on February 7, 2021 (the “Sweepstakes Entry Period”). At approximately 12pm ET on
February 7, 2021, the beginning of the Sweepstakes Entry Period, a CTA will be tweeted from
@adidasUS (the “CTA Tweet”). As soon as the CTA Tweet is issued, eligible entrants may
participate in the Sweepstakes as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of
the following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia (“Territory”); (ii) be 16 years of age or older as of the date and time of participation,
with his/her parent or guardian’s permission, if applicable; and (iii) be registered users of Twitter
(each, a “Participant(s)”). Employees, officers, directors and agents of Adidas, Fooji, Inc.
(“Fooji,” “Sponsor” or “Administrator”), Fulfillment Partner, any other company involved in the
presentation, administration or fulfillment of the Sweepstakes, and their respective subsidiaries,
affiliated companies, and divisions (collectively, the “Sweepstakes Entities”) and each of their
immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child,
legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the
same household of any such person (whether or not related) are not eligible for the Sweepstakes.
Void outside the Territory and in Puerto Rico and where prohibited or restricted by law.
3) Sponsor: The Sponsor and Administrator of the Sweepstakes is Fooji, Inc. located at 257
E. Short St. Suite 200, Lexington, KY 40507.
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4) How To Participate in the Sweepstakes: After the CTA Tweet is made, during the
Sweepstakes Entry Period, to participate, send a tweet on the Twitter platform with the hashtag
#mahomeszonesweepstakes (“Required Hashtag”) and tagging @adidasUS (each a
“Participation Tweet”). If the Sweepstakes is still ongoing when your Participation Tweet is
received by @adidasUS, you will receive a link tweeted back to you that directs you to the
online registration form. You must fully complete the registration form by providing your name,
physical address, email address, and phone number and submit to Fooji a completed registration
form for its receipt. Participants are limited to 20 entries during the Sweepstakes Entry Period. A
maximum of one (1) Prize may be awarded per person, per Twitter account and per delivery
address in connection with the Sweepstakes. Sponsor may, in its sole discretion, accept or reject
any purported Participation Tweet that does not include both the required hashtag as set forth in
the CTA Tweet and the Required Hashtag. Purported Participation Tweets that are incorrect or
incomplete, received outside the Sweepstakes Entry Period (including after all Prize(s) have been
redeemed), or that contain obscene, offensive, or any other language communicating messages
inconsistent with the positive images with which Sponsor wishes to associate itself (all as
determined by Sponsor in its sole discretion) will be void and disqualified. Sponsor is not
responsible for misspellings, typographical errors, or other issues that may affect the ability to
locate or record a purported Participation Tweet. Due to the way Twitter operates its service,
Fooji may not be able to view or record purported Participation Tweets, receive or send
communications, or otherwise detect participation from or interact with potential Participants
who have Twitter account settings that make their updates, comments, posts or communications
private, protected, or otherwise limited, in which case any such purported Participant will be
disqualified and ineligible to receive a Prize. Normal Internet access and phone/usage charges
imposed by your online/phone service may apply. Each Participation Tweet and registration
form entry (if applicable) must be manually key stroked and manually entered by the individual
Participant; automated and/or repetitive submission of Participation Tweets or registration forms
(including but not limited to entries made using any script, macro, bot or sweepstakes service)
will be disqualified.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data
and messaging rates may apply according to the terms and conditions of your service agreement
with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges)
and may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Sweepstakes. Check
your mobile device’s capabilities for specific instructions.
5) Prizes: There are a total of 40 Prizes available to be awarded. Each verified Prize winner
will receive two (2) digital gift codes, valued at $757.50 each (each a “Prize”). All federal, state
and local taxes and all other expenses not expressly listed in these Official Rules are the sole
responsibility of the winners. Prizes are non-transferable and may not be substituted or redeemed
for cash by winners. No more than the stated number of Prizes may be awarded. Sponsor reserves
the right to substitute any Prize for one of comparable or greater value. Gift cards are subject to
their terms. Total ARV of each Prize available in this Sweepstakes: $1515.00 Total ARV of
all Prizes available in this Sweepstakes: $60,600.
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6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Participants. Fooji will be the official time keeping device for the Sweepstakes and all decisions
by the Sponsor regarding the timing of entries and the order in which they are received will be
final and binding. Subject to compliance with this Official Rules:
i. Drawing One: There will be one (1) Prize available in Drawing One for every full
minute that the Kansas City team has possession during the first half of the applicable
game, as determined by Sponsor in its sole discretion. At the end of the first half of the
applicable football game, Sponsor will select that number of eligible and verified
Participants that participated in the Sweepstakes during the Sweepstakes Entry Period,
before the end of the first half of the applicable game, in a random drawing to receive
a Prize.
ii. Drawing Two: There will be one (1) Prize available in Drawing Two for every full
minute that the Kansas City team has possession during the second half of the
applicable game, as determined by Sponsor in its sole discretion. At the end of
applicable game, Sponsor will select that number of eligible and verified Participants
that participated in the Sweepstakes, during the Sweepstakes Entry Period, in a random
drawing to receive a Prize.
iii. Second Chance Drawing: After Drawing One and Drawing Two have taken place,
Sponsor will award any remaining Prizes in a random drawing of all eligible and
verified Participants that participated in the Sweepstakes during Sweepstakes Entry
Period.
If you are chosen as a potential winner you will receive a notification message from @adidasUS
via Twitter and from Sponsor via email indicating that you are a potential prize winner. Participants
selected as winners are limited to one (1) Prize per person, per Twitter account, and per delivery
address during the Sweepstakes. The number of available Prizes may but are not obligated to be
periodically communicated throughout the Sweepstakes via tweets from Sponsor’s @adidasUS
handle. Prizes will be facilitated through Fooji’s online-based ordering system on Twitter. Local
merchants that participate in the Fulfillment Partner network may provide fulfillment and delivery
of the Prize(s). Prize availability may vary and is not guaranteed in all areas. Except as determined
by Sponsor in its sole discretion, no substitution of any Prize is offered, no transfer of Prize to a
third party is permitted, and non-cash Prize(s) may not be redeemed for cash value. AS SET
FORTH ABOVE, YOU MUST RESIDE IN A LOCATION SERVICED BY FULFILLMENT
PARTNER IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES AND
WIN A PRIZE. Prize(s) will be awarded and delivered only to addresses within the United States
that are serviced by Fulfillment Partner. Verified Prize winner(s) will be solely responsible for all
applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the
retail value of the Prize and must provide Sponsor with a valid social security number if requested
for tax reporting purposes. All expenses associated with the receipt and use of a Prize not
specifically mentioned herein are solely the responsibility of the winners. Sponsor is not
responsible for any delay or cancellation of the Prize delivery due to unforeseen circumstances, or
those outside of Sponsor’s control. If the fulfilling merchant cancels the order for reasons out of
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Sponsor’s control, the Prize will not be delivered and no additional compensation will be provided.
Potential winners are subject to verification and may be required to sign and return to Sponsor for
its receipt within three (3) business days an Affidavit of Eligibility/ Liability Release with (where
lawful) a publicity release for receipt by Sponsor by the due date indicated in the notification
message. If any required documents are not timely received by Sponsor, or if any message or mail
intended for a winner is returned as undeliverable, then the applicable Prize may be may be
forfeited.
7) General Rules / Limitations of Liability: By participating in the Sweepstakes,
Participants agree to be bound by these Official Rules and the decisions of the Sponsor which shall
be final in all respects. Participation in the Sweepstakes constitutes permission for the Sponsor and
its designees to use the Participant’s name, likeness, voice, biographical information, prize
information, quotes attributable to Participant, and any other elements of Participant’s persona for
purposes of advertising and trade in any and all media now known or otherwise developed without
further compensation or review, including a Participant list to be used by Fooji and its partners to
re-target participants via email or the Fooji app, unless prohibited by law. By clicking “Order
Now,” Participants authorize Fooji or their Fulfillment Partners to send text messages or phone
calls notifying Participants of delivery details for their order. Participants agree that Fooji or the
Fulfillment Partner may send the notice to the telephone number the Participant provides during
the registration process, and Participants understand notifications will be sent using automatic
dialing technology. Participants understand that they are not required to agree to receive such
messages as a condition of participation. In the event there is a discrepancy or inconsistency
between disclosures or other statements (in any and all media) contained in any Sweepstakes
materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern
and control. Sponsor and the other Sweepstakes Entities assume no responsibility or liability for
(a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled
electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of
entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure,
error, omission, interruption, deletion, defect, delay in operation or communications line failure,
regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers,
computers, software or providers utilized in any aspect of the operation of the Sweepstakes; (d)
inaccessibility or unavailability of the Internet or the Twitter platform or any combination thereof,
or; (e) any injury or damage to Participant’s or to any other person’s computer which may be related
to or resulting from any attempt to participate in the Sweepstakes. The Sponsor and other
Sweepstakes Entities are not responsible for the failure of any order to be received for any reason
or for any delay in the processing or failure to process any order or entries. The Sponsor reserves
the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with
the order process or the operation of the Sweepstakes; violates the Official Rules; is suspected of
cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy,
abuse, threaten or harass any other person. Any Participant who uses or is suspected of using
cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to participate
multiple times, or with multiple identities, Twitter accounts, and/or addresses will be disqualified.
Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a
violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the
right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s
failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other
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provision. If, for any reason, the Sweepstakes is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures,
changes to the Twitter platform that are not acceptable to Sponsor, or any other causes beyond the
control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or
proper conduct of the Sweepstakes, then the Sponsor reserves the right in its sole discretion to
cancel, modify, suspend or terminate the Sweepstakes in whole or in part. In the event Sponsor
experiences a technical failure during admission of the Sweepstakes that causes the Sweepstakes
to be suspended, Sponsor shall select a winner(s) by random drawing from all valid entries received
up to the point of the technical failure. TO THE FULLEST EXTENT PERMITTED BY LAW,
AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, ALL PARTICIPANTS
AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND
OTHER SWEEPSTAKES ENTITIES, AS WELL AS THE NATIONAL FOOTBALL
LEAGUE, EACH OF ITS MEMBER FOOTBALL CLUBS, NFL VENTURES, INC., NFL
VENTURES, L.P., EACH OF THEIR RESPECTIVE PARENTS, DIRECT AND
INDIRECT SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH
OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND
WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR
PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH:
PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES; THE RECEIPT,
OWNERSHIP OR USE OF ANY PRIZE AWARDED; PREPARING FOR,
PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE- RELATED OR
SWEEPSTAKES-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER
ERROR IN THESE OFFICIAL RULES OR ANY CTAS OR OTHER ANNOUNCEMENTS
RELATING TO THE SWEEPSTAKES. THE WINNERS SHALL BEAR ALL RISK OF
LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED.
SPONSOR AND THE OTHER SWEEPSTAKES ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS
AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE
SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, 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; AND
(2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO
OBTAIN ANY AWARD FOR, AND PARTICIPANT 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. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
YOU.
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Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not
responsible or liable to any Participant or winner (or any person claiming through such Participant
or winner) for failure to supply the prize or any part thereof in the event that any of the Sweepstakes
activities or Sweepstakes Entities’ operations or activities are affected by any cause or event
beyond the sole and reasonable control of the applicable Sweepstakes Entity (as determined by
Sponsor in its sole discretion), including, without limitation, by reason of any acts of God,
equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared
or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER
SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY
STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED
BY HIM/HER AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS
FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASING PARTY.”
8) Privacy Policy: By entering the Sweepstakes, Participants agree that any personal
information submitted by Participants may be used and shared by Sponsor subject to Fooji’s
privacy policy posted at https://www.fooji.com/privacy/
9) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition
of participating in this Sweepstakes, each Participant agrees that (1) any and all disputes and causes
of action arising out of or connected with these Sweepstakes, including but not limited to Prize
awarded, shall be resolved individually, without resort to any form of class action, and exclusively
by final and binding arbitration under the rules of JAMS and held at the JAMS regional office
nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement
and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be
entered in any court having jurisdiction. Under no circumstances will any Participant be permitted
to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or
consequential damages, or any other damages, including attorneys’ fees, other than Participant’s
actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and
Participant further waives all rights to have damages multiplied or 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
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and enforceability of these Official Rules, or the rights and obligations of the Participant and
Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance
with, the laws of the State of New York, without giving effect to any choice of law or conflict of
law rules (whether of the State of New York or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the State of New York.
10) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
11) Winners List: For a winners’ list, no later than 60 days after the close of the Sweepstakes,
send an email request with the name of the Sweepstakes to hello@fooji.com or mail your request
together with a self-addressed stamped envelope to Adidas Mahomes Zone Sweepstakes Winner’s
List Sponsor at the address noted in Section 3 above.
12) Questions? If you have any questions, you may contact us at help@fooji.com.