Official Rules for The Nike+ SportBand Challenge Sweepstakes
November 01, 2009
No Purchase Required to Enter or Win
Important Notice for Amateur Athletes
You are responsible for ensuring that your participation in the activities of this Contest does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NIKE IS NOT RESPONSIBLE OR LIABLE FOR YOUR PARTICIPATION IN THIS CONTEST RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
1. Who is eligible?
This Sweepstakes is open only to legal US residents who are eighteen (18) or older, not currently or planning to be on a high school or college sports team and a member of NIKE+. Employees of NIKE USA, Inc., its parent company, NIKE, Inc., their subsidiaries and affiliates, or of other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Who is sponsoring the Sweepstakes?
The Sweepstakes is sponsored by NIKE USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005 (the “Sponsor”).
3. How do I enter?
The Sweepstakes runs from 9:00 pm (PST) on November 17, 2009 to 8:59 pm (PST) on November 25, 2009 (the “Entry Period”). During the Entry Period, visit www.nikeplus.com and enter the “Nike+ SportBand” Challenge goal by syncing a minimum of five (5) runs, with a minimum of one (1) mile per run by the end of the Challenge on November 25, 2009.
4. How will winners be selected?
On or about December 2, 2009, the Sponsor will select five (5) potential winners in a random drawing from all the entrants who reached the Challenge goal before the end of the Entry Period. The odds of winning depend on the number of eligible entries received.
5. What can I win?
Five (5) Winners will each receive a Nike+ SportBand, approximate retail value: $295 ($59 each).
Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for taxes and any and all other costs and expenses not listed above.
6. What may a potential winner be required to do?
The potential prize winner will be notified by e-mail, as provided in their NIKE+ account, within approximately 7 days after November 25, 2009. If the potential prize winner declines to accept the prize, has violated any of these Official Rules, does not respond to the award notification by the date listed on the notification, or is found to be ineligible, they will be disqualified and an alternative potential prize winner shall be chosen.
If the potential prize winner is a minor in the jurisdiction in which they reside, the potential winner’s parent or legal guardian, on behalf of the minor, will be required to sign and return a release consenting to the use of the potential winner’s name and likeness and any comments, information or ideas they may share with Sponsor in connection with the Sweepstakes without additional compensation, except where prohibited by law. If the release is not signed and returned within the specified time period, the potential winner will be disqualified and an alternative prize winner shall be chosen.
7. What other terms should I be aware of?
The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The 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 these Official Rules or in an unsportsmanlike or disruptive manner. 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. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) 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 of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
8. How will disputes be handled?
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
9. How can I find out who won?
To obtain the name of the winners, send a self-addressed stamped envelope to NIKE+ SportBand Challenge (11/17/09), Attn: K. Felton – NRA-3, One Bowerman Drive, Beaverton, OR 97005. Requests must be received within four (4) weeks of the conclusion of the Entry Period. Residents of the State of Vermont may omit return postage.
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