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NIKE "MV7" SWEEPSTAKES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The NIKE "MV7" SWEEPSTAKES ("Sweepstakes") starts at 11:59:00 p.m. Eastern Daylight Time ("EDT") on 9/1/04 and ends at 11:59:59 p.m. (EDT) on 10/12/04 for Internet entry and on 10/13/04 for mail-in entry. The Sponsor of this Sweepstakes is NIKE USA, Inc., ("NIKE"), One Bowerman Drive, Beaverton, OR 97005 (the "Sponsor"). Sweepstakes is subject to these Official Rules. By entering, all participants agree to be bound by terms and conditions herein. Certain restrictions may apply. ELIGIBILITY: SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE. THIRTEEN (13) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. Employees and immediate family members (parent, sibling, child or grandparent) of Sponsor and West Coast Marketing, a division of The Susquehanna Hat Company ["West Coast Marketing"] (collectively, the "Promotion Parties") their respective affiliates, subsidiaries, parent companies, divisions, agencies and their respective officers, directors, employees, agents and agencies, and those living in the household of same are not eligible. Sweepstakes is void where prohibited or restricted by law. IMPORTANT AMATEUR ATHLETE DISCLOSURE: Sponsor reserves the right in selecting a potential winner and in awarding the prize to take into consideration anything that may compromise a student or amateur athlete's ability to play high school, NCAA College, or other amateur sports. In addition, if an entrant currently participates, or plans to participate, in a school-sponsored or amateur organized sport, receiving anything of value for participation in this promotion may affect his/her eligibility, both immediately and in the future. Sponsor suggests you also check with any local team organizations with respect to similar amateur prohibitions. HOW TO ENTER ONLINE: Beginning at 11:59:00 p.m. (EDT), you may enter via the Internet by following the directions (providing your user name and password [you will need to register prior to participating], name, address, e-mail address, and birth date at the web site at www.nikegridiron.com (the "Web Site"). Once you have submitted the required information at the Web Site, you will be entered into the Sweepstakes ("Online Entry"). ONLY ONE (1) ONLINE ENTRY PER PERSON, HOUSEHOLD ADDRESS AND/OR E-MAIL ADDRESS WILL BE ACCEPTED FOR THIS SWEEPSTAKES. ALL ONLINE ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. (EDT) ON 10/12/04. NOTE: Internet entry must be made by the entrant only at the Web Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any hardware device, software or script to automate the entry process is prohibited. HOW TO ENTER BY MAIL: On an Official Entry Form (available while supplies last at all participating Niketown retail locations), or on a 3" x 5" piece of paper, handprint (no mechanical reproductions accepted) name, address, e-mail address, birth date and shoe size (note: the shoe size indicated will determine the specific Grand Prize drawing your entry will be included in; i.e., adult full or half size between the sizes of 8 and 14). Mail your completed entry to NIKE "MV7" SWEEPSTAKES", PO BOX 6041, Sherman Oaks, CA, 91413 (Mail-in Entry"). YOU MAY ENTER AS OFTEN AS YOU LIKE BY MAIL, BUT ALL MAIL-IN ENTRIES MUST BE MAILED SEPARATELY AND BE POSTMARKED BY 10/13/04. The Promotion Parties, Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, "Releasees") are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network computer online systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes; inability to access any web site (including the Web Site), theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or on any web site or printing or other errors. Proof of entering entry information at the Web Site or mailing entry is not considered proof of delivery or receipt. Illegible and incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False and/or deceptive entries or acts shall render entrants ineligible. By registering to enter Sweepstakes, entrant affirms that they have read and accepted these Official Sweepstakes Rules. The laws of the United States apply to and govern this Sweepstakes and any claims must be raised and resolved in the United States. Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Sweepstakes Rules and with the NIKE USA, Inc. Privacy Policy, which can be found at http://niketown.nike.com/niketown/info/privacy.jsp?item=privacy. WINNER SELECTION: Winners will be selected in a series of random drawings from among eligible entries as follows: Grand Prize winner selection: One (1) Grand Prize winner will be selected from among all eligible entries received. First and Second Prize winner selection: First and Second Prize winners will be selected in a random drawing from among all eligible entries received for the Sweepstakes. All random drawings shall be held on or about 10/22/04 and be conducted by WEST COAST MARKETING, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The prizes will be awarded, providing a sufficient number of eligible entries are received. Grand Prize winners will be notified within ten (10) days of drawing by telephone, e-mail and/or mail and may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release and a completed W-9 form within fourteen (14) days of issuance. Failure to respond to notification or return all required documents in the required time period may result in winner being disqualified and an alternate winner selected. First and Second Prize winners will be notified by mail within sixty (60) days of the drawing date, with the delivery of their prize. If a prize notification or prize is returned as undeliverable for any reason, the prize will be awarded to an alternate. No substitutions for prizes permitted by winners. If necessary due to unavailability, a prize of comparable value will be awarded at the sole discretion of the Sponsor. Prizes are not transferable, assignable or redeemable for cash value. PRIZES: Grand Prize: Grand Prize shall consist of one (1) pair of Nike MV7 Air Force One shoes, available sizes 8-14. The approximate retail value ("ARV") of each Grand Prize is $150. First Prize (50 total First Prizes will be awarded): Each First Prize consists of one (1) MV7 Headband. The ARV of each First Prize is $10. Second Prize (200 total Second Prizes will be awarded): Each Second Prize consists of one (1) Baller Band. The ARV of each Second Prize is $1. The total ARV of all the prizes to be awarded in the Sweepstakes is $850. The winners are solely responsible for all federal, state and local taxes. Acceptance of a prize constitutes permission (except where prohibited by law) to use the winner's name, address (city and state or city only), voice, photograph, likeness, biographical information and statements for advertising, promotional or publicity purposes without additional compensation or limitation. Odds of winning in a specific shoe size drawing are determined by the total number of eligible entries received for that specific shoe size drawing. Approximately 25,000 Official Entry forms will be distributed during this Sweepstakes. LIMITATIONS ON LIABILITY/RELEASE: By entering this Sweepstakes, entrants agree that Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Sweepstakes or acceptance of or use or inability to use the prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winner discharges the Releasees from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Winner acknowledges that the Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize. Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, 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 the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 Sponsor's sole control.
If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award the prize from among all eligible, non-suspect entries received for the drawing prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted at http://www.nikegridiron.com. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Where a dispute arises about who submitted an on-line entry, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor or its agent with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. HOW WILL DISPUTES BE HANDLED? Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Oregon; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Oregon or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Oregon. GENERAL: For an Official Winners List (available after 11/15/04), or a copy of these Official Rules, send a self-addressed, stamped envelope to the NIKE "MV7" SWEEPSTAKES – OFFICIAL WINNERS LIST "2004 NIKE USA, Inc. All rights reserved. |