JUNE/JULY B2B.FILA.COM Sweepstakes

 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

 

OPEN TO new users OF B2b.FILA.COM that register between june 8, 2015 and JULY 31, 2015, who are AT LEAST 18 YEARS OF AGE AT The time of entry. VOID OUTSIDE OF THE UNITED STATES, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.

 

 

The June/July b2b.fila.com Sweepstakes (the “Promotion”) is sponsored and administered by Fila U.S.A., Inc. (the “Sponsor”).

 

1. PROMOTION PERIOD:  The Promotion begins on June 8, 2015 at 12:00 PM Eastern Time (“ET”) and ends on July 31, 2015, at 11:59:59 PM ET (the “Promotion Period”).

 

2. ELIGIBILITY:  This Promotion is offered only to business customers of Sponsor who register with b2b.fila.com during the Promotion Period. For the avoidance of doubt, this Promotion is NOT offered to those business customers of Sponsor that were already registered prior to the Promotion Period. Limit one (1) entry per business entity as determined by Sponsor. Employees, officers, or directors of the Sponsor, its respective shareholders, parent companies, subsidiaries, affiliates and advertising, promotion and web design agencies (the “Promotion Entities”) are not eligible to enter or win. Void in Puerto Rico and all other United States Territories and Possessions, and overseas military installations and where prohibited or restricted by law. All federal, state, and local laws apply.            

 

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor.  

 

Entrant warrants that the appropriate corporate officers, executives, managers or other persons who have the authority to approve entrant’s entry into this Promotion (including the officers, executives, and managers of a third party customer) have approved entrant’s entry and the entrant understands that these terms will be binding on both the entrant and his/her business entity. The entrant understands that if the entrant enters without obtaining the appropriate approval, Sponsor may, in its sole discretion, disqualify the entrant and the entry.

 

3. How to ENTER:  NO PURCHASE NECESSARY.  Participants must follow these Rules, which may be found on www.fila.com/s/FILA/b2b-giveaway.html. During the Entry Period, b2b.fila.com will compose emails informing entrants of an opportunity to participate in the Promotion (each, a “Promo Email”). Each Promo Email will be identified with part of the subject line term reading “FILA's New B2B Site....”  There will be a Promo Email at least two (2) times during the Promotion Period, and the Sponsor may increase the number of Promo Emails during the Promotion Period.  Regardless of the number of Promo Emails, there will be a limit of one (1) entry per business entity. To be entered into the Promotion, an eligible entrant must register on b2b.fila.com. Entrants who do not register for b2b.fila.com during the Promotion Period will not receive an entry into the drawing.

 

If an entrant accesses the Promotion on his/her mobile device, the entrant’s wireless service provider may charge the entrant for applicable message and data charges. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.

 

LIMIT:  One registration per entrant during the Promotion Period, regardless of the number of Promo Emails. An entrant who attempts to enter more than once may be subject to disqualification from the Promotion. A day begins at 12:00 AM ET and ends at 11:59:59 PM ET each day during the Promotion Period. If it is discovered or suspected that a person has attempted to enter or receive entries using multiple accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will not be awarded any prize that it might otherwise have been entitled to receive and such prize may be forfeited, at the Sponsor’s sole and absolute discretion.

 

4. RANDOM DRAWING:  On or about August 1, 2015, the Sponsor will randomly select two (2) potential winners from among all eligible entries received during the entire Promotion Period.  Each potential winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules. Once a potential winner has been verified as eligible, he or she shall become a prize winner (the “Winner”).

 

5. PRIZES, APPROXIMATE RETAIL VALUE (the “ARV”), AND ODDS OF WINNING:

 

1. Prizes (2 total):  Each verified Winner will receive a t-shirt signed by Fila endorsed tennis athlete, Sam Querrey plus shipping expenses (the “Prize”).

 

Each Winner is solely responsible for paying all applicable all other unspecified expenses associated with the Prize. 

 

2. Total ARV:  The ARV of each of the two (2) Prizes is One Hundred Dollars ($100), with a Total ARV of Two Hundred ($200). Actual value may vary; no difference between actual value and ARV will be awarded.

 

3. Odds of Winning:  The odds of winning a Prize depend on the total number of eligible entries received during the Promotion Period.

 

4. Prize Conditions:  Limit one (1) Prize per business entity in the entire Promotion.  The Promotion Entities shall not be held responsible for any delays in awarding Prizes for any reason. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or any component thereof, or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility. Prizes will only be awarded to verified Winners.  All local, state, and federal taxes are the responsibility of each Winner.

 

6. HOW TO CLAIM A PRIZE, AFFIDAVITS AND RELEASES:  Sponsor shall take reasonable measures to verify entrant’s identity and eligibility under these rules. 

In the event of a dispute as to the identity of the Winner, the winning entry will be declared made by the business entity owning the authorized account holder of the e-mail address used to register such business entity on b2b.fila.com. “Authorized Account Holder” is defined as the business entity that is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to show proof of being an authorized account holder.

 

Sponsor reserves the right to announce any Winner at such time as Sponsor has verified and/or confirmed such Winner in its sole discretion, and Sponsor may announce no winners in the event no winner have been verified and/or confirmed. 

           

7. LIMITATION OF LIABILITY:  By participating in this Promotion, entrants agree that the Promotion Entities, and each of their respective representatives, consultants, contractors, legal counsel, public relations, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable entries, e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of entry information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction. The Released Parties shall not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified.     

 

If, for any reason, the 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, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. This Promotion is subject to all federal, state, and local laws and regulations.       

 

By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion, (b) injury or damage resulting from participation in the Promotion or receipt, redemption or use of any prize (c) the violation of any third-party privacy, personal, publicity or proprietary rights, (d) typographical or printing errors in these Official Rules or any Promotion materials, (e) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (f) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control (collectively, “Force Majeure”), or as otherwise permitted in these Official Rules, (g) any interruptions in or postponement, cancellation or modification of the Promotion, (h) human error, (i) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (j) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (k) interruption or inability to access the Promotion or any online service via the Internet due to hardware or software compatibility problems, (l)  any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.      

 

Without limiting the foregoing, everything regarding this Promotion, including prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

 

8. DISPUTES:  THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK COUNTY, NEW YORK. BY ENTERING THE CONTEST, PARTICIPANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CLAIM, OR DEMAND RELATED IN ANY WAY TO THE CONTEST WILL BE DECIDED BY BINDING ARBITRATION. ALL DISPUTES BETWEEN PARTICIPANTS AND SPONSOR 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. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

 

9. PRIVACY POLICY:  Any personally identifiable information collected during an entrant's participation in the Promotion will be collected by Sponsor or its designee and used by Sponsor, its shareholders, affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://b2b.fila.com/Images/SiteLinks/Common/WebSiteUsage.htm

 

10. GENERAL:  Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute discretion, that an entrant has registered or attempted to register using multiple e-mail addresses, identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant will be ineligible to win a Prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in Sponsor’s sole and absolute discretion, be disqualified from the Promotion.  Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any Promotion promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

 

11. WINNERS LIST:  To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: Fila USA, Inc., 930 Ridgebrook Road, Suite 200, Sparks, MD  21152, ATTN: Legal Dept. - JUNE/JULY B2B.FILA.COM.  Requests must be received by December 31, 2015.

 

12. Sponsor:  Fila U.S.A., Inc., 930 Ridgebrook Road, Suite 200, Sparks, MD  21152. 

Sponsor shall not be liable for technical, pictorial, typographical, or editorial errors or omissions contained herein. 

 

 

 

© 2015 Fila U.S.A., Inc.  All rights reserved.