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 CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The 12 DAYS OF FILA TENNIS Promotion (“Promotion”) is a promotion where the general public will follow Fila Tennis on Twitter and Retweet a Tweet posted on Fila Tennis’s Twitter page to compete for an opportunity to win a Fila® branded product. 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 in administering these rules.

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 9:00:00 AM Eastern Time ("ET") on Friday, December 12, 2014 and ends at 6:00:59 PM ET on Tuesday, December 23, 2014 (the “Promotion Period”) and consists of twelve (12) daily entry periods (each a “Daily Entry Period”) as set forth in the table below. 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 a Twitter account, which is in good standing as of December 12, 2014 and continues to be in good standing through the Promotion Period (“Participant”). Employees, officers and directors of 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 Participant.

4. HOW TO ENTER. During a Daily Entry Period, a Participant must do the following to enter:

a. Allow your Tweets to be visible to the public by adjusting your privacy settings;
b. Follow @TennisFilaUSA on Twitter. To become a follower, visit the Fila Tennis Twitter page (https://twitter.com/TennisFilaUSA) and log on using your Twitter user name and password, then click the “follow” button; and
c. Retweet the Tweet posted on the @TennisFilaUSA page describing the Promotion that includes the hashtag #12daysoffila.

 

NOTE: If a Participant does not make the Tweets public, Fila will not receive your entry. Each entry will be deemed to have been submitted by the natural person assigned the Twitter account associated with the entry. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Limit: entry to this promotion is limited to one (1) entry per Daily Entry Period. Fila discourages the creation of multiple accounts. All entries discovered to have been submitted by the same individual using multiple accounts will be disqualified. All entries submitted in accordance with these Rules shall be collectively hereinafter referred to as “Eligible Entries.” The odds of winning the Promotion depend on the number of Eligible Entries received. Your entry will not be valid unless it (a) meets the criteria described above, (b) meets the Tweet Requirements described below, and (c) is posted during the Promotion Period.

 

TWEET REQUIREMENTS: Tweets that fail to comply with these Rules, or that otherwise include content that is, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contains racial slurs, or contains explicit or graphic descriptions or accounts of, sexual acts, or is not within the spirit of the Promotion, will be deemed ineligible, as determined by Fila in Fila’s sole discretion (“Tweet Requirements”).

If Participants do not have a Twitter account, they must create one. Accounts are free. By submitting their information and creating a Twitter account, Participants agree to the terms of use and privacy notice of Twitter. If Participants do not agree to these terms of use and privacy notice of Twitter, they cannot create an account, or participate in this Promotion.

Participants may enter once during each Daily Entry Period. Entries for each Daily Entry Period must be submitted prior to the end of that Daily Entry Period. 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 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. PROMOTION WINNER SELECTION AND NOTIFICATION.. There will be twelve (12) Promotion Winners (defined below) selected – one for each Daily Entry Period. Each Promotion Winner shall be selected from a random drawing of all Eligible Entries received during each Daily Entry Period. The first name selected in the drawing each of the twelve (12) Daily Entry Periods shall identify the person eligible to receive a prize (“Potential Winner”). Odds of winning depend upon the total number of eligible entries received during each Daily Entry Period during the Promotion Period.

Beginning December 12, 2014 and ending December 23, 2014, Fila Tennis shall announce one (1) Potential Winner per day between 5:00 PM ET and 6:00 PM ET during the Promotion Period by posting a tweet that mentions the Potential Winner’s Twitter account name. The selected Potential Winner will also receive a private message on his/her Twitter account alerting him/her that he/she is a Potential Winner, and instructing him/her to reply with contact information, including full name, postal address, email address, and phone number. Except where prohibited by law, a Potential Winner may be required to sign and return a Declaration of Eligibility and Liability and/or a Publicity Release and/or provide any additional information that may be required by Fila. If required to submit documents prior to receipt of any Promotion Product, Potential Winner must return all such required documents to Fila within seventy two (72) hours following attempted notification. If a Potential Winner is determined to be ineligible when contacted by Fila, Fila reserves the right, in its sole discretion, to select a new Potential Winner by random drawing from all remaining eligible entries received. The Potential Winner will forfeit the prize if not claimed within one (1) week of notification. If a Potential Winner meets all criteria stipulated in these Rules, he/she will become a winner (“Promotion Winner”).

If a Participant has not heard from Fila by December 31, 2014, then unfortunately that Participant has not been selected as a Promotion Winner. Fila reserves the right to reschedule, postpone or cancel the 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 Fila® branded products, the sizes (if applicable) of which will based upon those provided by the Promotion Winner, having a combined Approximate Retail Value (“ARV”) of Five Hundred and Seventy Five Dollars ($575.00).

Any attempt by a Participant 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 Promotion 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 a Participant, Participant will be deemed the individual identified on his or her Twitter account. Entries must be submitted by the Participant as described above. Automated or bulk entries or entries submitted by third parties will be disqualified.

6. PRIZE. Twelve (12) Promotion Products will be awarded. The Promotion Product for each Daily Entry Period is described below:

 

 

Each prize is selected by Fila from available inventory based upon the sizes requested (if applicable) by each Promotion Winner, subject to availability. The ARV may be adjusted depending on the state or jurisdiction of residence of the Promotion Winner. The Promotion Winner is solely responsible for any other expenses including taxes or other expenses.

The Promotion Products cannot be substituted, assigned, transferred, exchanged or redeemed for cash; however, Fila reserves the right to make an equivalent or better product substitution in its sole discretion. Fila will not replace a Promotion Product if lost or stolen. If product substitution is a Fila.com gift card, the gift card cannot be used in conjunction with any other promotion or offer. Fila will cover the cost of shipping the Promotion Product to any destination within the continental United States.

7. PUBLICITY. By entering the Promotion, Participants agree to allow Fila to use their name, Twitter 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 retail 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. Fila reserves the right to modify these 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 Promotion Products (including those which are subject to withholding) shall be the sole responsibility of each Promotion Winner. All taxes required to be withheld by Fila shall be paid by each Promotion Winner at the time the Promotion Product is delivered to the Promotion Winner. The Promotion Winners shall each provide his or her valid social security number for tax purposes upon request. In addition, each Promotion Winner shall warrant that he or she has received the permission of his or her employer or principal, if applicable, to receive Promotion Products upon request. 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 that Promotion Winner and Fila shall have the right, but not the obligation to select a new Potential Winner by random drawing from all remaining eligible entries received. Each Participant 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 Promotion Winner’s name, Twitter profile image, and post in conjunction with the announcement of the Promotion Winners and for advertising, trade and promotional purposes without further consideration, compensation, permission or notification and Participants 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 Participants against, any liability for any injuries, losses or damages of any kind to Participants or any other person or entity, including personal injury or death to Promotion 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 Promotion Product, 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 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 attorney’s 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 and Twitter, 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.

12. INTERNET/FORCE MAJEURE. If for any reason, this Promotion is not capable of running as planned, including due to infection by computer virus, tampering, fraud, technical failure, or any other cause which corrupts or threatens the administration, security or integrity of the Promotion, Fila reserves the right, in its sole discretion, to terminate or suspend the Promotion or any portion of the Promotion. In the event Fila does so, the Potential Winner will be determined from among all Entries received as of the termination date by the criteria set forth in Section 5. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS CONTEST WILL RESULT IN DISQUALIFICATION FROM THE PROMOTION. Information submitted in Entries, including Participant’s name, address, email address, etc., shall be used only in a manner consistent with the consent given by Participant at the time of Entry, with these Rules and with the Fila.com privacy policy, which can be found at www.fila.com/Privacy-Policy/co-PrivacyPolicy,en_US,pg.html. By entering into the Promotion, Participants are providing their information to Fila and not to Twitter.

13. NOTE ABOUT TWITTER. Fila is not responsible for any changes or unavailability of the Twitter service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Fila’s ability to use Twitter 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 Twitter, 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 (as defined below) of the e-mail address associated with the account for the Potential Winner, 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 Winner may be required to provide Fila with proof that he/she is the Registered Account Holder for the email address associated with the 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 Twitter service will be the responsibility of the Registered Account Holder of the e-mail address for the 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/12-Days-Of-Fila-Giveaway.html. For a copy of the official Promotion rules or information about the Promotion Winners (available after January 1, 2015), send a self-addressed stamped envelope to:

Fila U.S.A., Inc. / “12 DAYS OF FILA TENNIS”
340 Madison Avenue
3rd Floor
New York, New York 10017
Attention: Legal Department
Requests must be received by May 30, 2015.

 

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 Twitter, Inc. Any and all questions, comments or complaints regarding the Promotion must be directed to Fila, not Twitter.

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.