OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE UNITED STATES, IN ALASKA, HAWAII, PUERTO RICO, U.S. TERRITORIES, AND WHERE PROHIBITED BY LAW.
ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The #AGENDAxFILA Promotion (“Promotion”) is a promotion where the general public will follow Fila and the Agenda Tradeshow on Instagram and like an image of the Fila® product posted on Fila’s Instagram page to compete for an opportunity to win the entire look, including (1) pair of Fila® Overpass AGENDA sneakers, (1) wristband, (1) T-shirt, (1) bucket hat, and (1) pair of sweat pants, collectively, the “Fila Look,” having a combined Approximate Retail Value (“ARV”) of Two Hundred Dollars ($200.00). Fila will ship sizes based upon those requested by the Promotion winner, subject to availability. The Promotion shall be subject to these Official Rules (“Rules”), and by entering all Participants agree to abide by and be bound by the terms and conditions that follow herein and the decisions of FILA U.S.A., Inc. (“Fila”) in administering these rules.
Each Participant (as defined below) entering the Promotion will both (i) follow Fila and the Agenda Tradeshow on Instagram and (ii) like an image of the Fila Look provided on Fila’s Instagram page (http://www.Instagram.com/FILAUSA) tagged with the hashtag #AGENDAxFILA. Entries are limited to one (1) per Participant. See Section 4 below for more details on how to enter the Promotion.
1. BINDING AGREEMENT. By entering the Promotion, you are agreeing to these Rules, so please read them carefully. Each entry into the Promotion constitutes agreement to be bound by these Rules.
2. PROMOTION PERIOD. The Promotion begins at 3:00:00 PM Eastern Time ("ET") on Tuesday, February 18, 2014 and ends at 11:59:59 PM ET on Wednesday, February 19, 2014 (the “Promotion Period”). Fila’s computer clock will be the official clock of the Promotion. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
3. ELIGIBILITY. To enter the Promotion, a Participant must be: (i) at least 18-years-old at the beginning of the Promotion Period; (ii) a legal resident of the United States; and (iii) have an Instagram account, which is in good standing as of February 17, 2014 and continues to be in good standing through the Promotion Period (“Participant”). Employees, officers and directors of Fila U.S.A., Inc. (“Fila”), as well as any of their respective parents, subsidiaries, affiliates, suppliers, advertising and promotion agencies (including models), and web providers, and members of their immediate families (mother, father, sister, brother, any child, husband, wife) and those living in the same household are not eligible to enter or win. Fila reserves the right to verify the eligibility of any winner.
All entries must be received by the end of the Promotion Period to be considered. Incomplete, corrupted or untimely entries are void and will be disqualified. Neither Fila nor any of its employees, agents or representatives shall be responsible for lost, late, incomplete, misdirected, deleted, or delayed entries, nor is Fila responsible for failed Internet connections, unavailability of servers or any other technical malfunctions for any reason. If any dispute arises as to the identity of a Participant, the Participant shall be considered the person who owns the Instagram Account through which entry was submitted to the Promotion. All decisions by Fila are final and absolute and are not subject to inquiry or appeal. Any expenses Participants incur during the submission process are Participants’ sole responsibility.
5. WINNER SELECTION AND NOTIFICATION. There will be one Grand Prize winner selected from a random drawing of all entries on or about February 20, 2014. The first one (1) name selected in the drawing shall identify the person eligible to receive the Grand Prize. Odds of winning depend upon the total number of eligible entries received during the Promotion Period. Entrants need not be present to win.
Between February 20 and February 27, 2014, the selected potential Grand Prize winner will receive notification on his/her Instagram Account alerting him/her that he/she is the potential Grand Prize Winner, and instructing him/her to send an email to firstname.lastname@example.org with contact information, including full name, email address, and phone number. Fila will also post the winner’s Instagram profile image on the Fila’s Instagram Account (@FILAUSA) along with the Grand Prize announcement. Except where prohibited by law, the potential Grand Prize winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity/Photo Release and provide any additional information that may be required by Sponsor. If required to submit documents prior to receipt of any Prize, potential Grand Prize winner must return all such required documents within 72 hours following attempted notification. If a potential Grand Prize winner is determined to be ineligible when contacted by Fila, Fila reserves the right, in its sole discretion, to select a new winner by random drawing from all remaining eligible entries received. The winner will forfeit the prize if not claimed within 30 days of notification.
If a Participant has not heard from Fila by February 27, 2014, then unfortunately that Participant has not been selected as a winner. Fila reserves the right to reschedule, postpone or cancel the #AGENDAxFILA Promotion at any time, for any reason, in its sole discretion. For the avoidance of doubt, the Participants acknowledge and understand that they are competing solely for the opportunity to win apparel, the sizes of which will based upon those provided by the Promotion winner, subject to availability, valued at ARV of Two Hundred Dollars ($200.00).
Any attempt by an entrant to deliberately undermine the legitimate operations of this Promotion is a violation of criminal and/or civil laws. Fila reserves the right to seek damages and/or other remedies to the fullest extent permitted by law and, in its discretion, to void suspect entries and/or to modify, cancel, terminate or suspend this Promotion (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes beyond the control of Fila corrupt or impair the administration, security, fairness or proper play of the Promotion and, in the event of cancellation, suspension or termination, at its discretion to void the entries at issue and/or terminate, cancel or suspend the Promotion and to select winners in accordance with the criteria described above from all eligible, non-suspect entries received prior to the event requiring such cancellation, termination or suspension. In the event of a dispute as to the identity of an entrant, entrant will be deemed the individual identified on his or her Instagram profile. Entries must be submitted by the contestant as described above. Automated or bulk entries or entries submitted by third parties will be disqualified.
6. PRIZE. One Grand Prize will be awarded. The Grand Prize consists of: (1) pair of Fila® Overpass AGENDA sneakers, (1) wristband, (1) T-shirt, (1) bucket hat, and (1) pair of sweat pants, having a combined ARV of Two Hundred Dollars ($200) or less, based upon the sizes requested by the Promotion winner, subject to available inventory at fila.com. The ARV may be adjusted depending on the state or jurisdiction of residence of the winner. The Winner is solely responsible for any other expenses including taxes or other expenses. Actual prizes may differ from those depicted in advertising materials for the Promotion.
The prize cannot be substituted, assigned, transferred, exchanged or redeemed for cash; however, Fila reserves the right to make an equivalent or better prize substitution in its sole discretion. The prize is nontransferable and has no cash redemption value. Fila will not replace the prize if lost or stolen. The prize cannot be used in conjunction with any other promotion or offer. Fila will cover the cost of shipping the Grand Prize to any destination within the continental United States.
7. PUBLICITY. By entering the Promotion, Participants agree to allow Fila to use their name, Instagram profile image, and post in conjunction with the announcement of the Promotion winner, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on Fila’s website, use in press releases, use on social media sites including, but not limited to, Facebook, Twitter, and Instagram, and use in connection with any events associated with the Promotion. To this end, Participants waive any rights to privacy or publicity or laws of similar effect. Participants further agree to inform Fila of any press inquiries they may receive that relate to the Promotion or before responding to such inquiries.
8. GENERAL CONDITIONS AND LIMITATIONS ON LIABILITY. This Promotion is governed by the laws of the United States of America. Fila reserves the right to modify these Official Rules and cancel this Promotion at any time without notice or obligation where permitted by law. All federal, state and local taxes applicable to the Grand Prize (including those which are subject to withholding) shall be the sole responsibility of the individual prize winner. All taxes required to be withheld by Fila shall be paid by the individual prize winner at the time the prize is delivered to the prize winner. The prize winner shall provide his or her valid social security number for tax purposes upon request. In addition, the prize winner shall warrant that he or she has received the permission of his or her employer or principal, if applicable, to receive the prize. Noncompliance with the foregoing, failure to abide by any other rule stated herein, or if prize notification is returned as non-deliverable will result in disqualification of the selected prize winner and Fila shall have the right, but not the obligation to select a new winner by random drawing from all remaining eligible entries received. Each entrant agrees that Fila and its parent, affiliates, dealers, retailers, distributors, advertising and promotion agencies and suppliers and those acting pursuant to their authority: 1) except where prohibited by law, shall have the right and permission to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, Instagram profile image, and post in conjunction with the announcement of the Promotion winner and for advertising, trade and promotional purposes without further consideration, compensation, permission or notification and entrants agree to confirm that in writing, and 2) shall, as well as their respective officers, directors, employees, representatives, and legal counsel, have no liability whatsoever for, and will be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to entrants or any other person or entity, including personal injury or death to winner or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, from acceptance of, possession of, misuse of or use of the prize, entry or participation in this Promotion, participation in any promotion related activity, or any claims based on publicity rights, defamation or invasion of privacy or merchandise delivery. Fila reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process and/or the operation of the Promotion; violates the Official Rules; or acts with the intent to annoy, abuse, threaten or harass any other person.
9. INDEMNITY. To the maximum extent permitted by law, each Participant indemnifies Fila and its affiliates, subsidiaries, parent companies, licensors, advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agencies (“Promotion Entities”) at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation made by the Participant in connection with the Promotion; or (b) any non-compliance by the Participant with these rules. To the maximum extent permitted by law, each Participant agrees to release, discharge, indemnify and hold harmless the Promotion Entities, Facebook, and Instagram, against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Promotion-related activity, including any claims relating to use, misappropriation or disclosure of any materials submitted herein.
10. PROMOTION CONDITIONS. This Promotion is subject to all applicable federal, state and local laws. By participating, Participants agree to be bound by these Rules and the decisions of Fila, and waive any right to claim ambiguity in this Promotion or these Rules. Fila reserves the right to terminate, or end-early, the Promotion at any time, for any reason, at its sole discretion, and to disqualify any Participant if, in its sole discretion, the integrity or fairness of the Promotion has been compromised. All decisions of Fila and/or the panel of judges are final in all matters relating to this Promotion.
11. NO WARRANTIES. By entering, each Participant agrees and acknowledges that Fila has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the prize items.
13. NOTE ABOUT INSTAGRAM. Fila is not responsible for any changes or unavailability of the Instagram service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Fila’s ability to use Instagram for the Promotion as set forth herein that are not acceptable to Fila) or ability of Participant to timely enter, receive notices or communicate with Fila via Instagram, in which case Fila, in its sole discretion, may terminate or modify the Promotion. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Instagram Account for the potentially winning Participant, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential Grand Prize Winner may be required to provide Fila with proof that he/she is the registered account holder for the e-mail address associated with the Instagram Account for the potentially winning entry. If a dispute cannot be resolved to Fila’s satisfaction, the entry will be deemed ineligible. It is the sole responsibility of the Participant to notify Fila in writing if the Participant changes his or her email or postal address during the Promotion Period. Any damage made to the Instagram service will be the responsibility of the registered account holder of the e-mail address for the Instagram Account used at the time of entry.
14. GOVERNING LAW AND JURISDICTION. This Promotion is governed by the laws of the United States of America and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and Fila in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws provisions thereof.
15. ARBITRATION. By entering the Promotion, Participants agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between Participants and Fila of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York City, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
16. RULES & WINNERS. Copies of these Promotion rules are available at Fila U.S.A., Inc., 340 Madison Avenue, 3rd Floor, New York, New York 10017 or can be viewed on the Promotion page of fila.com at http://www.fila.com/Agenda-x-Fila-Contest-Rules/AgendaContest,en_US,pg.html. For a copy of the official Promotion rules or information about the Grand Prize winner (available after March 6, 2014), send a self-addressed stamped envelope to:
Fila U.S.A., Inc./#AGENDAxFILA
340 Madison Avenue
New York, New York 10017
Attention: Legal Department
Requests must be received by August 20, 2014.
17. SPONSOR. Fila U.S.A., Inc., 340 Madison Avenue, 3rd Floor, New York, New York 10017. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Instagram or Facebook. Please direct any questions or comments regarding this Contest to Sponsor.
Fila shall not be liable for technical, pictorial, typographical, or editorial errors or omissions contained herein.
Copyright ©2014 Fila USA, Inc. All rights reserved. Fila® and other Fila-owned trademarks or logos used herein are trademarks of Fila Luxembourg S.a.r.l.