FLA by Me Contest Terms

FILA BY ME CUSTOM FOOTWEAR CONTEST
OFFICIAL RULES AND REGULATIONS

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

OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT
THE TIME OF ENTRY. VOID OUTSIDE THE UNITED STATES, PUERTO RICO, U.S. TERRITORIES AND WHERE
PROHIBITED OR RESTRICTED BY LAW.

ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE RULES.

The Fila By Me Custom Footwear Contest (the “Contest”) is sponsored and administered by Fila
U.S.A., Inc. (the “Sponsor”) and cross-promoted by the Western & Southern Open (the “Promotional
Partner”). The Contest shall be subject to these official rules, which may be found at
https://www.fila.com/terms- contest-diy-footwear.html (these “Rules”), and by entering the Contest,
all Participants (as defined below) agree to abide by and be bound by these Rules and the decisions
of the Sponsor in administering these Rules.

The Contest is a competition of skill where a Participant (as defined below) may
submit designs in connection with the FILA® footwear style Axilus 2 Energized (the “Footwear
Style”) using the Footwear Style template as displayed on the @FILAtennis Instagram page (the
“Coloring Book Template”) on or about the start of the Contest Period (as defined below). A
Participant may submit such designs via a static hard post (i.e., not via “Instagram
Story”) on their Instagram account using the hashtag “#FILAbymecontest” and tagging
@FILAtennis (each, an “Entry,” or collectively, the “Entries”) to compete for an
opportunity to win a Prize (as defined below).

1. BINDING AGREEMENT. By entering the Contest, you are agreeing to these Rules, so please
read them carefully. Each submission of an Entry in the Contest constitutes your full and
unconditional agreement to be bound by these Rules and to Sponsor’s decisions, which are final and
binding in all matters related to the Contest.

2. CONTEST PERIOD. On Wednesday, August 12, 2020, Sponsor will publicize information about
the Contest and these Rules on the @FILAtennis Instagram page, and Sponsor will begin accepting
Entries to the Contest on or about Thursday, August 13, 2020 at 12:00PM Eastern Time (“ET”) and
will stop accepting Entries on or about Monday, September 7, 2020 at 11:59PM ET (the
“Contest Period”). Sponsor's computer clock will be the official clock of the Contest.
PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN
THEIR RESPECTIVE JURISDICTIONS. Sponsor reserves the right to reschedule, postpone or
cancel the Contest and final evaluation at any time, for any reason, in its sole discretion.

3. ELIGIBILITY. To enter the Contest, a Participant must be: (i) at least eighteen (18)
years old at the time of entry; and (ii) a legal resident of the United States or the
District of Columbia, (each a “Participant” and collectively, the “Participants”).
Employees, officers and directors of Sponsor and Promotional Partner as well as any of
their respective shareholders, affiliates, subsidiaries, parent companies, licensors,
advertising and promotional agencies, web providers and all of their officers, directors,
shareholders, employees and agencies (collectively, the “Contest Entities”), as well as members of
the immediate families (mother, father, sister, brother, child, husband, wife, etc.) and members of
the households (whether related or not) of Contest Entities’ officers, directors, shareholders,
employees are NOT eligible to participate in the Contest and/or win a Prize.

Sponsor reserves the right to verify the eligibility of any Participant at any time. At Sponsor’s
request, Participants may be required to supply government-issued proof of age, address and
eligibility or forfeit the right to receive a Prize. Void in Puerto Rico, all other United States
territories and possessions, overseas military installations and where prohibited or restricted by
law. All federal, state and local laws apply.

Being declared a Winner (as defined below) is contingent upon fulfilling all requirements set forth
herein. Sponsor will have the unlimited right to republish any Entry.

4. ENTRY REQUIREMENTS. NO PURCHASE OR PAYMENT NECESSARY. Participants must own all
rights to any Entry. Entries may only be composed of drawings or graphic art on such Coloring Book
Template and submitted directly through Instagram and shall comply with these Rules, including,
but not limited to, Section 9 (INTELLECTUAL PROPERTY) and Section 11 (PARTICIPANT REPRESENTATIONS
AND WARRANTIES).

Submissions that do not comply with these Rules or that contain any prohibited or inappropriate
content as determined by Sponsor, in its sole discretion, will be disqualified from the
Contest and will not be considered for any Prizes. Prohibited or inappropriate submissions
shall include, but shall not be limited to the following:

- Any entries that are not submitted on Instagram.
- Any entries that include any photos, GIFs, emojis, videos or links to other websites.
- Any material that includes any content, material or element that is owned by a third party or
entity.
- Material that has, in whole or in part, previously been submitted in any competition and/or won
an award or prize of any kind.
- Material that contains any content, material or element that displays any third-party
advertising, slogan, logo or trademark or otherwise indicates a sponsorship from or endorsement by
a third party, commercial entity or that is otherwise not within the spirit of the Contest, as
determined by Sponsor, in its sole discretion.
- Material that is subject to any third-party agreement(s) that may require Sponsor to pay any
money to any person or entity as a result of its use or exploitation of the winning design or
rights therein.
- Material that is, in whole or in part, threatening, abusive, harassing, defamatory, libelous,
hateful, embarrassing to another person or entity, deceptive, obscene, tortious or
invasive of another's privacy, or that contain racial slurs or explicit or graphic descriptions
or accounts of sexual acts as determined by Sponsor, in its sole discretion.
- Material that fails to adhere to the Instagram Terms of Use set forth at
https://help.instagram.com.
- Entries that do not comply with these Rules, including, but not limited to, Section 10.
Sponsor, in its sole discretion, shall make the final determination of which submissions are
eligible to take part in this Contest and may be considered for the Prizes.

Although the Coloring Book Template may remain featured on the @FILAtennis Instagram page after the
Contest Period has expired, any submissions received after the Contest Period will not be
considered.

5. HOW TO ENTER. Entries may be submitted at any time during the Contest Period by posting
the Entry via a static hard post on the Participant’s Account with the hashtag
“#FILAbymecontest” in the caption and either tagging @FILAtennis in the post or mentioning
@FILAtennis in the caption. Participants must indicate by marking the appropriate box on
the Coloring Book Template whether their design submission is intended for a men’s, women’s,
or unisex Footwear Style. Participants may submit multiple Entries; however, if two or more
valid Entries contain identical designs, only the Entry that was first received by
Sponsor will be considered for the Prize.

Each Participant must follow @FILAtennis and @cincytennis on Instagram and use a
non-private Instagram account (an “Account”) to submit an Entry to the Contest. Due to the way
Instagram operates its services, Entries from Instagram users with “protected” Accounts (i.e., only
people the Participant has approved can view his or her Instagram posts/stories) may not be
received. If a Participant does not have a non-private Instagram Account, he or she can create one
at no cost at www.instagram.com. Instagram users will be subject to Instagram’s privacy
policy and Terms of Use, which can be found at https://help.instagram.com/.
Participants must submit Entries through their personal Account and must adhere to all of
the requirements set forth in Section 5 of these Rules.

Sponsor is not responsible for lost, late, incomplete, misdirected, deleted or delayed entries, nor
is Sponsor responsible for failed Internet connections, unavailability of servers or any other
technical malfunctions for any reason.

Participants should retain a copy of all materials submitted for the Contest, as Sponsor will not
acknowledge or return any submissions. A URL link to these Rules is included in the @FILAtennis
Instagram account bio. Any expenses that Participants may incur during the Entry submission process
are Participants’ sole responsibility. All decisions by Sponsor are final and absolute and are not
subject to inquiry or appeal. Any submissions received after the Contest Period has expired shall
not be considered Entries, and shall not be entered into the Contest.

6. JUDGING AND WINNER NOTIFICATION. After the Contest Period, Sponsor or its
designated judge (the “Judge”) will assess all eligible Entries submitted during the Contest
Period. The Judge will evaluate each eligible Entry based on the best demonstration of originality
and creativity as applied to the Entry (the “Contest Criteria”). Creativity and originality will be
weighted equally. Each Entry will be assigned a score out of one hundred (100) points
based on the Contest Criteria. The Participants with the two highest score(s) and have
verified both their eligibility and compliance with these Rules to Sponsor’s satisfaction shall be
deemed official winners (each, a “Winner”). In the event of a tie, the Entry that received the
higher score from the Judge in the category of “originality” will be selected as a potential
winner. The Sponsor shall announce each official winner at or around 12:00PM ET on or about
Tuesday, September 15, 2020.

At or around 12:00PM ET on Wednesday, September 9, 2020, potential winners will
receive a direct message notification on their Accounts alerting them that they are potential
winners and instructing them to send an email to Sponsor with their contact information,
including their full legal name, age, email address, mailing address, phone number and sizing
information. It is solely the Participant’s responsibility to notify Sponsor in writing if the
Participant changes his or her email or postal address during the Contest Period. Except where
prohibited by law, the potential winners may also be required to sign and return a Declaration of
Eligibility and Liability and/or a Publicity/Photo Release and provide any additional
information that Sponsor, in its sole discretion, may require.

If required to submit any verification material prior to receipt of any Prize, potential winners
must return all such material within twenty-four (24) hours following attempted notification. If a
potential winner is determined to be ineligible when contacted by Sponsor, or if the
potential winner is in any way non- compliant with the Rules, is unresponsive to Sponsor’s
attempts of notification or declines to accept the Prize, or in the event that an e-mail is
returned undeliverable or a message fails to reach the potential winner, the Prize may be forfeited
by such Participant. In the event of any of the foregoing or any similar occurrence, Sponsor
reserves the right, in its sole discretion, to disqualify the potential winner and to select the
Entry with the next highest score instead as an alternate potential winner, time permitting.

Sponsor reserves the right to announce any Winner at or after such time that Sponsor has verified
and/or confirmed such Winner in its sole discretion. Sponsor may announce no Winners if no Winners
have been verified and/or confirmed.

7. PRIZES. For the avoidance of doubt, the Participants acknowledge and understand that
they are competing solely for the opportunity to win a customized one (1) pair of the Footwear
Style likened to the respective Winner’s design (each, a “Prize”), subject to the availability of
certain shoe sizes. Sponsor will award a Prize to two (2) Winners for the Contest. However,
there will be a limit of one (1) Prize per Participant. The Prize(s) will be manufactured
following the end of the Contest Period and announcement of the Winner(s). SPONSOR DOES NOT
GUARANTEE THAT: (1) A PRIZE WILL BE AVAILABLE FOR THE WINNERS BY ANY SPECIFIC DATE(S), (2)
THAT A PRIZE IN THE WINNERS’ PREFERRED SHOE SIZES WILL BE AVAILABLE, OR (3) THAT THE
WINNERS’ PREFERRED SHOE SIZES WILL FIT.

The Approximate Retail Value (the “ARV”) of each Prize is as follows: a custom pair of Fila® Axilus
2 Energized shoes valued at One Hundred Ten Dollars ($110.00).

Actual value may vary; no difference between actual value and ARV will be awarded. The Winner is
solely responsible for any other expenses including taxes or other expenses. Limit one
Prize per person per household. No assignment, transfer, conversion to cash or cash redemption
or substitution of the Prize is permitted, except that Sponsor reserves the right, in its sole
discretion, to substitute a Prize or any of its components with a prize of comparable or greater
value should the Prize or any of its components become unavailable for any reason. Each Winner is
solely responsible for any and all other expenses, including all local, state and federal income
taxes or other expenses. Each Prize is solely for personal use.

Odds of winning a Prize depend on the number of eligible Entries received during the Contest Period
and the skill of the Participants. No other prize elements except those specifically described
herein are awarded. Federal, state and local taxes and any incidental expenses not set
forth herein, if any, shall be the responsibility of each Winner. All expenses relating to
acceptance of the Prize not explicitly stated herein, including but not limited to taxes are the
responsibility of each Winner. Sponsor, and/or any other relevant party, reserves the right to
remove or to deny entry to Participants who behave in a disruptive manner, or act with the intent
to annoy, abuse, threaten or harass any other person, whether in person or through social media or
electronic messaging. Sponsor reserves the right, in its sole discretion, to disqualify any
Participant that Sponsor determines, in its sole discretion, might reflect poorly on Sponsor, any
of the Contest Entities, or any of their products in any way.

If, for any reason, more Prize notifications are sent (or more claims are received) than the number
of Prize(s) offered, as set forth in these Rules, Sponsor reserves the right to award the intended
number of Prize(s) through a method it deems reasonable, in its sole discretion.

8. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of
an Entry, the awarding of a Prize, or anything in these Rules be construed as an offer or contract
of employment with Contest Entities. Participants acknowledge that they have submitted their
Entries voluntarily and not in confidence or in trust. Participants acknowledge that no
confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists
between them and Contest Entities and that no such relationship is established by the submission of
an Entry under these Rules.

9. INTELLECTUAL PROPERTY RIGHTS. Each Participant shall retain ownership of all
intellectual property rights in the Entries (including moral rights) subject to these
rules. However, by entering the Contest, and to the extent allowed by law, each Participant
grants the Contest Entities and their respective licensees, promotional partners, developers and
third party marketing entities an irrevocable,

non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to,
delete from, copy, reproduce, adapt, publish, exploit and use the Entries throughout the world, and
in any manner or media now or hereafter known, for trade, advertising, promotional, non-commercial
or commercial, or any other purposes without further review, notice, approval, consideration, or
compensation.

10. PUBLICITY. By entering the Contest, Participants agree to allow Contest Entities to use
their name, images, likeness, voice, photo, video, social media handle, and/or a short biography in
connection with their Entry, 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 Contest Entities’ websites,
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 Contest and/or the
marketing of the winning Entries. To this end, Participants waive any rights to privacy or
publicity or laws of similar effect. Participants further agree to inform Sponsor at the email
address used for winner verification of any press inquiries they may receive that relate to the
Contest, the Contest Entities and/or their Entry before responding to such inquiries.

11. PARTICIPANT REPRESENTATIONS AND WARRANTIES. By entering the Contest, Participants
represent and warrant that the Entries submitted are their own original work and, as such, they are
the sole and exclusive owner and rights holder of the submitted Entries and that they have the
right to submit the Entries in the Contest and grant all required licenses and assignments. Each
Participant agrees not to submit any Entry that infringes any third-party proprietary
rights, intellectual property rights, industrial property rights, personal or moral rights or
any other rights or laws, including without limitation, copyright, trademark, patent, trade secret,
privacy, publicity, confidentiality obligations. Participants also represent and warrant that they
have not previously submitted their Entry as an entry in another contest, promotion, competition or
similar activity. Please understand that submitting materials that are copyrighted by another
individual, or otherwise subject to the rights of another individual, will make you responsible for
any legal action the legal rights holder might take against you.

12. INDEMNITY. To the maximum extent permitted by law, each Participant indemnifies Contest
Entities and Instagram, Inc. 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 Contest 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 Entries or other material submitted by the Participant that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual property right of any person;
(b) any misrepresentation made by the Participant in connection with the Contest; or (c) 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 Contest
Entities and Instagram, Inc. 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 Contest-related activity, including any claims relating to use,
misappropriation or disclosure of any materials submitted herein.

13. CONTEST CONDITIONS. This Contest is subject to all applicable federal, state and local
laws. By participating, Participants agree to be bound by these Rules and all decisions of Sponsor,
and waive any right to claim ambiguity in matters regarding this Contest or these Rules. Sponsor
reserves the right to terminate, end-early, postpone, delay, or change the schedule of the Contest
at any time, for any reason, in its sole discretion, including the selection of Winners. Sponsor
also reserves the right to disqualify any Participant if, in its sole discretion, the
integrity or fairness of the Contest has been or could be compromised. All decisions of
Sponsor are final in all matters relating to this Contest.

14. NO WARRANTIES. By entering the Contest, each Participant agrees and
acknowledges that Sponsor 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. Without limiting the foregoing, everything regarding this Contest, 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.

15. DISQUALIFICATION; PRIVACY. Sponsor may disqualify or prohibit an entrant from
participating in the Contest or winning a Prize in this Contest or any other contest or promotion
conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the
Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes
by cheating, hacking, deception or other unfair playing practices (including the use of automated
quick-entry programs), or intending to annoy, abuse, threaten or harass any other Participants or
Sponsor representatives. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF
THIS CONTEST WILL RESULT IN DISQUALIFICATION FROM THE CONTEST. SPONSOR RESERVES THE RIGHT TO SEEK
REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST
EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

By entering into the Contest, Participants are providing their information to Sponsor and not to
Instagram, Inc. Any information collected during a Participant's participation in the
Contest, including personally identifiable information, 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 Contest as described in these
Rules and in accordance with Sponsor's Privacy Policy as stated at
https://www.fila.com/co-PrivacyPolicy.html.

16. LIMITATION OF LIABILITY. By participating in this Contest, Participants agree
that the Contest Entities, and each of their respective shareholders, affiliates, parent
companies, subsidiaries, representatives, consultants, contractors, legal counsel,
advertising, public relations, promotional, 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 Contest 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
Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be
disqualified.

By entering the Contest, each entrant agrees: (i) to be bound by these 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 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 Contest; 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 Contest, including, but not limited to, any Contest-related
activity or element thereof, and the entrant’s entries, participation or inability to participate
in the Contest, (b) injury or damage resulting from participation in the Event, (c) injury or
damage resulting from participation in the Contest or receipt, redemption or use of any prize, (d)
the violation of any third-party privacy, personal, publicity or proprietary rights, (e)
typographical or printing errors in these Rules or any Contest materials, (f) 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), (g) if for any reason, this Contest is not
capable of running as planned or to Sponsor’s complete satisfaction, or if there is 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), computer virus,
tampering, technical failure, fraud, 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, infectious
disease, pandemic or any other cause beyond any of the Released Parties’ control
(collectively, the “Force Majeure”), or as otherwise permitted in these Rules, (h) any
interruptions in or postponement, cancellation or modification of the Contest, (i) human
error, (j) incorrect or inaccurate transcription, receipt or transmission of any part of any
entry (including, without limitation, the registration information or any parts thereof), (k) 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, (l) interruption or inability to access the Contest or any online service via the Internet
due to hardware or software compatibility problems, (m) any lost/delayed data
transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions,
(n) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed,
incomplete, undeliverable or damaged entries, (o) any wrongful, negligent, or unauthorized act or
omission on the part of any of the Released Parties, (p) lost, late, stolen, misdirected, damaged
or destroyed prizing (or any element thereof) or (q) the negligence or willful misconduct by
entrant.

17. MOBILE DISCLOSURE. By using your wireless mobile device in connection with the Contest,
depending on your phone’s capabilities, standard text messaging rates or data charges may apply
according to the terms and conditions of your service agreement with your wireless carrier. Other
charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone
bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and
you should contact your wireless carrier for more information on messaging rate plans and
charges relating to your participation in this Contest.

18. NOTE ABOUT INSTAGRAM. This Contest is in no way sponsored, endorsed or administered by,
or associated with Instagram, Inc. Sponsor is not responsible for any changes or unavailability of
the Instagram service that may interfere with the Contest (including any limitations, any
restrictions, or any conditions on Sponsor’s ability to use Instagram for the Contest as set forth
herein that are not acceptable to Sponsor) or ability of Participant to timely enter,
receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole
discretion, may terminate or modify the Contest. In the event of a dispute concerning who
submitted an entry, the entry will be declared to have been made by the Authorized Account
Holder (as defined below) 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. An “Authorized 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 Prize Winner may be required to provide Sponsor with proof that he/she is the
Authorized Account Holder for the e-mail address associated with the Instagram Account for the
potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry
will be deemed ineligible. It is the sole responsibility of the Participant to notify
Sponsor in writing if the Participant changes his or her email or postal address during the
Contest Period. Any damage made to the Instagram service will be the responsibility of the
Authorized Account Holder of the e-mail address for the Instagram Account used at the time of
entry.

19. GOVERNING LAW AND JURISDICTION. This Contest 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 Sponsor in connection with this Contest, shall be governed by, and 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, without giving effect to the conflict of laws provisions thereof.

20. ARBITRATION. 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. 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. 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.

21. GENERAL. Any attempted form of participation in this Contest other than as described
herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute
discretion, that a Participant has registered or attempted to register using multiple e-mail
addresses, Instagram Accounts, identities, proxy servers or like methods, every one of that
Participant’s entries will be declared null and void, and that Participant will be ineligible to
win a Prize. Sponsor reserves the right to disqualify any Participant found, in its sole opinion,
to be tampering with the operation of the Contest, to be acting in violation of these Rules or to
be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the
Contest. Any use of robotic, automatic, macro, programmed, third party or like methods to
participate in the Contest will void any attempted participation effected by such methods and the
disqualification of the Participant using the same.

If any provision of these 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 Rules
valid and enforceable. The invalidity or unenforceability of any provision of these Rules will not
affect the validity or enforceability of any other provision. Sponsor’s interpretation of these
Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.

In the event of any conflict with any Contest details contained in these Rules and Contest details
contained in any Contest promotional materials (including but not limited to point of
sale, television and print advertising, promotional packaging and other promotional media), the
details of the Contest as set forth in these Rules shall prevail.

22. RULES & WINNERS. Copies of these Rules are available at Fila U.S.A., Inc., 1411
Broadway, 30th Floor, NY, New York 10018 or can be viewed on the Contest page of
www.fila.com at https://www.fila.com/terms-contest-diy-footwear.html. For a copy of the official
Contest rules or a list of Winners (available after winner verification), send a self-addressed
stamped envelope to: Fila U.S.A., Inc., 1411 Broadway, 30th Floor, NY, New York 10018, Attention:
Cori Hanky – #FILAbymecontest. Requests must be received by 11:59PM ET on Monday,
September 28, 2020. Do NOT send any other communications to this e-mail address.

23. SPONSOR. Fila U.S.A., Inc., 1411 Broadway, 30th Floor, NY, New York 10018. This
Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc.
Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor,
not Instagram, Inc.

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