5 for 5 Challenge Official Rules
May 23, 2011
Nike+ is turning 5, and we’re celebrating by doing what we do best...running! Join the 5 for 5 challenge for a chance to win a Nike+ travel package. Five lucky winners will receive two bib numbers to run in either the Bank of America Chicago Marathon or the Nike Women’s Marathon in San Francisco. Remember: the more you run, the more chances you have to win!
Join the Challenge
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Nike+ Five Year Birthday Challenge Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Nike+ Five Year Birthday Challenge (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding Quebec), and the United Kingdom (excluding Northern Ireland) who are at least eighteen (18) years old at the time of entry. Employees of Nike USA, Inc., R/GA Media Group, Inc., ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec, Northern Ireland and where prohibited by law. Participation 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Nike USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005, U.S.A. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Timing: The Sweepstakes begins on May 23, 2011 at 12:00 a.m. Eastern Time ("ET"), ends on June 26, 2011 at 11:59 p.m. ET (the "Promotion Period"), and consists of five (5) weekly entry periods (each a "Weekly Entry Period") as set forth in the chart below.
Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: There are two (2) ways to enter:
Run/Walk Using Your Nike+ Device(s): During the Promotion Period, visit www.nikeplus.com to log in to your Nike+ account ("Account"). If you don't already have an Account, you may register for a free Account. Join the "Five Year Birthday Challenge" and then run/walk with your Nike+ device. For every five (5) kilometers that you run/walk and synch to your Account during the applicable Weekly Entry Period, you will automatically receive one (1) entry into the applicable Weekly Entry Period drawing. Excess kilometers (above any increment of five (5) kilometers) run/walked will not count for the applicable or future Weekly Entry Periods. There is no requirement that you reset your device to record your activity in kilometers to earn entries.
Mail-in Method: To enter without purchase of Nike+ devices or exercise, hand print your name, address, day and evening phone numbers, email address (if any), and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Nike+ Five Year Birthday Challenge,” c/o ePrize, LLC, Dept. #574228, P.O. Box 5046, Kalamazoo, MI 49003-5046, U.S.A. You will receive one (1) entry into the applicable Weekly Entry Period drawing. Limit: One (1) entry per envelope-request. All mail-in entries must be handwritten and must be postmarked and received by the dates listed in the above chart. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: Each entrant may receive up to forty-eight (48) entries per each Weekly Entry Period, regardless of the method of entry. Multiple entrants are not permitted to share the same email address or Account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Accounts, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online 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. Drawings: Administrator is an independent judging organization, whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select one (1) potential Weekly Entry Period winner from all eligible entries received during the applicable Weekly Entry Period, on or around the dates listed in the chart above. The drawings will take place at Administrator’s offices at the address set forth above. The potential winners will be notified by email. Except where prohibited, each potential winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance ("Declaration"), which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent (ten (10) days if winner is from the United Kingdom), in order to claim his/her prize. If any potential winner is a Canadian resident, he/she will be required to answer a time-limited, mathematical skill-testing question without assistance, in order to be eligible to receive a prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, or fails to answer the skill-testing question correctly (if applicable), potential winner forfeits the 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. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
6. Prizes: FIVE (5) GRAND PRIZES (ONE (1) PER WEEKLY ENTRY PERIOD): A trip for two (2) to winner's choice of:
The 2012 Chicago Marathon held in Chicago, IL on October 9, 2012 OR
The 2012 Nike Women's Marathon held in San Francisco, CA on October 16, 2012.
Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to San Francisco, CA or Chicago IL; three (3) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); and entry fees for two (2) into the chosen Marathon. Winner must travel on the applicable dates in October depending on the Marathon chosen or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her place of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel, if applicable. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if either the Chicago Marathon or Nike Women's Marathon is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): up to $4,999.00 USD. Actual value will vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during each Weekly Entry Period. Limit: One (1) prize per person.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, R/GA Media Group, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. For Residents of the UK: This release does not apply to claims for personal injury or death caused by the negligence of Sponsor or Administrator.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state, province, county and/or country for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes 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 undermine the legitimate operation of the Sweepstakes may be 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. 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 devices, equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize (For residents of the United Kingdom: this limitation only applies to an injury or damage to persons other than those that are a direct result of the Sponsor's negligence). 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
12. Entrant's Personal Information: Participation in the Sweepstakes implies authorization to transfer personal data to the United States for purposes of administration of the Sweepstakes. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsor’s privacy policy, available at http://www.nike.com/privacy/index.jsp and ePrize’s privacy policy at http://www.eprize.com/privacy-policy and Sponsor and Administrator have notified the U.S. Department of Commerce that they adhere by the rules of the Safe Harbor Framework available under http://www.export.gov/safeharbor/eg_main_018236.asp. Personal information includes name, address, email address, and date of birth and will be used to: (a) contact potential winners; and (b) if an entrant elects to receive additional information from the Sponsor on the entry form, to send additional information to that entrant. The recipients of your personal data are the Sponsor and Administrator. YOUR INFORMATION WILL NOT BE STORED OR PROCESSED ON SERVERS LOCATED IN THE EUROPEAN UNION.
For Residents of the United Kingdom Only: Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message with the request, to "Nike+ Five Year Birthday Challenge,” c/o Nike USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005, U.S.A.
13. Winner List: For a winner list, visit http://bit.ly/joNz2V. The winner list will be posted after winner confirmation is complete.
14. General: Nothing in these terms and conditions shall be deemed to exclude or restrict any of the winner's or entrant's statutory rights as a consumer.
© 2011 ePrize, LLC. All rights reserved.
Join the Challenge
Check out the party on Facebook
Nike+ Five Year Birthday Challenge Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Nike+ Five Year Birthday Challenge (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding Quebec), and the United Kingdom (excluding Northern Ireland) who are at least eighteen (18) years old at the time of entry. Employees of Nike USA, Inc., R/GA Media Group, Inc., ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec, Northern Ireland and where prohibited by law. Participation 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Nike USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005, U.S.A. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Timing: The Sweepstakes begins on May 23, 2011 at 12:00 a.m. Eastern Time ("ET"), ends on June 26, 2011 at 11:59 p.m. ET (the "Promotion Period"), and consists of five (5) weekly entry periods (each a "Weekly Entry Period") as set forth in the chart below.
Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: There are two (2) ways to enter:
Run/Walk Using Your Nike+ Device(s): During the Promotion Period, visit www.nikeplus.com to log in to your Nike+ account ("Account"). If you don't already have an Account, you may register for a free Account. Join the "Five Year Birthday Challenge" and then run/walk with your Nike+ device. For every five (5) kilometers that you run/walk and synch to your Account during the applicable Weekly Entry Period, you will automatically receive one (1) entry into the applicable Weekly Entry Period drawing. Excess kilometers (above any increment of five (5) kilometers) run/walked will not count for the applicable or future Weekly Entry Periods. There is no requirement that you reset your device to record your activity in kilometers to earn entries.
Mail-in Method: To enter without purchase of Nike+ devices or exercise, hand print your name, address, day and evening phone numbers, email address (if any), and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Nike+ Five Year Birthday Challenge,” c/o ePrize, LLC, Dept. #574228, P.O. Box 5046, Kalamazoo, MI 49003-5046, U.S.A. You will receive one (1) entry into the applicable Weekly Entry Period drawing. Limit: One (1) entry per envelope-request. All mail-in entries must be handwritten and must be postmarked and received by the dates listed in the above chart. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: Each entrant may receive up to forty-eight (48) entries per each Weekly Entry Period, regardless of the method of entry. Multiple entrants are not permitted to share the same email address or Account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Accounts, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online 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. Drawings: Administrator is an independent judging organization, whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select one (1) potential Weekly Entry Period winner from all eligible entries received during the applicable Weekly Entry Period, on or around the dates listed in the chart above. The drawings will take place at Administrator’s offices at the address set forth above. The potential winners will be notified by email. Except where prohibited, each potential winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance ("Declaration"), which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent (ten (10) days if winner is from the United Kingdom), in order to claim his/her prize. If any potential winner is a Canadian resident, he/she will be required to answer a time-limited, mathematical skill-testing question without assistance, in order to be eligible to receive a prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, or fails to answer the skill-testing question correctly (if applicable), potential winner forfeits the 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. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
6. Prizes: FIVE (5) GRAND PRIZES (ONE (1) PER WEEKLY ENTRY PERIOD): A trip for two (2) to winner's choice of:
The 2012 Chicago Marathon held in Chicago, IL on October 9, 2012 OR
The 2012 Nike Women's Marathon held in San Francisco, CA on October 16, 2012.
Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to San Francisco, CA or Chicago IL; three (3) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); and entry fees for two (2) into the chosen Marathon. Winner must travel on the applicable dates in October depending on the Marathon chosen or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her place of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel, if applicable. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if either the Chicago Marathon or Nike Women's Marathon is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): up to $4,999.00 USD. Actual value will vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during each Weekly Entry Period. Limit: One (1) prize per person.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, R/GA Media Group, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. For Residents of the UK: This release does not apply to claims for personal injury or death caused by the negligence of Sponsor or Administrator.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state, province, county and/or country for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes 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 undermine the legitimate operation of the Sweepstakes may be 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. 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 devices, equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize (For residents of the United Kingdom: this limitation only applies to an injury or damage to persons other than those that are a direct result of the Sponsor's negligence). 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
12. Entrant's Personal Information: Participation in the Sweepstakes implies authorization to transfer personal data to the United States for purposes of administration of the Sweepstakes. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsor’s privacy policy, available at http://www.nike.com/privacy/index.jsp and ePrize’s privacy policy at http://www.eprize.com/privacy-policy and Sponsor and Administrator have notified the U.S. Department of Commerce that they adhere by the rules of the Safe Harbor Framework available under http://www.export.gov/safeharbor/eg_main_018236.asp. Personal information includes name, address, email address, and date of birth and will be used to: (a) contact potential winners; and (b) if an entrant elects to receive additional information from the Sponsor on the entry form, to send additional information to that entrant. The recipients of your personal data are the Sponsor and Administrator. YOUR INFORMATION WILL NOT BE STORED OR PROCESSED ON SERVERS LOCATED IN THE EUROPEAN UNION.
For Residents of the United Kingdom Only: Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message with the request, to "Nike+ Five Year Birthday Challenge,” c/o Nike USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005, U.S.A.
13. Winner List: For a winner list, visit http://bit.ly/joNz2V. The winner list will be posted after winner confirmation is complete.
14. General: Nothing in these terms and conditions shall be deemed to exclude or restrict any of the winner's or entrant's statutory rights as a consumer.
© 2011 ePrize, LLC. All rights reserved.
