Terms And Conditions
This website (the "Site") is published and maintained by ASICS America Corporation (the "Company"). When you access, browse, or use this Site you accepted and agree to, without limitation or qualification, the terms and conditions set for the below.
DYNAFLYTE KIT SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase or payment will not improve your chances of winning. The “Dynaflyte pre-sale Sweepstakes” (the “Sweepstakes”) starts at 12:01am Eastern Time (“ET”) on June 14, 2016 and ends at 11:59pm ET on June 30, 2016 (the “Promotion Period”). Eastern Time shall control for all purposes of this Sweepstakes. The Sweepstakes is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and District of Columbia (excluding residents of Guam, Puerto Rico and all other U.S. territories and possessions), and Canada (excluding residents of the Province of Quebec and all other countries, territories or possessions) who are 18 years of age or older and/or the age of majority in his/her state, province, or territory of residence at the time of entry. Canadian residents, to win, must first correctly answer, unaided, a time-limited mathematical skill testing question administered by mail. Any individuals who have, within one year prior to the start date of the Sweepstakes, performed services for Sponsor or its subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Sweepstakes or supplying any prize, and the immediate family and household members of such individuals, are not eligible to enter the Sweepstakes or win the prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Mechanically altered or reproduced Entries are not eligible. In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
2. HOW TO ENTER: To enter, visit http://www.asics.com/us/en-us/dynaflyte/p/0010266085.9690 (men’s) OR http://www.asics.com/us/en-us/dynaflyte/p/0010266086.9020 (women’s) (the “Web Site”) during the Promotion Period and sign up to be notified when the ASICS DynaFlyte™ Shoe in the size/gender of your choice is available for purchase (NO PURCHASE NECESSARY). A valid e-mail address must be entered when signup up to be notified. ASICS DynaFlyte™ will be available for purchase on ASICS.com as of July 1st, 2016. ALL ENTRIES MUST BE RECEIVED BY 11:59pm ET, July 5, 2016. Limit one (1) Entry per person per e-mail address per day throughout the Promotion Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or 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.
3. RANDOM DRAWING; ODDS OF WINNING: Sponsor will randomly select the winner(s) from among all eligible entries received no later than July 5th, 2016. Odds of winning depend on the total number of eligible entries received.
4. WINNER NOTIFICATION: Potential winner(s) will be notified by e-mail. Using the information provided on his/her Entry, on or about July 5th, 2016. Sponsor will then send to potential winner(s) by e-mail. At the e-mail address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the “Affidavit”). In order to redeem his/her prize, potential winner(s) shall sign, have notarized, and return to Sponsor the Affidavit within fourteen (14) days from the date Sponsor sent the Affidavit. In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant’s e-mail address, telephone number, or home mailing address changes after he/she enters the Sweepstakes, it is the entrant’s sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the “ARV”) of the GRAND prize is $490 US Dollars, and consists of 1 DynaFlyte Kit (“Beats by Dr. Dre® on-ear Headphones,” Satin Sleeping Mask, FlyteFoam™ travel wallet, All-natural vanilla lip balm, Italian leather dopp kit toiletry bag.), and one pair of ASICS DynaFlyte™ shoes in the size/gender of your choice. There is a total 2 GRAND PRIZES to be awarded to 2 winner(s). The ARV of 1st Place Prize is $140 US Dollars, and consists of one pair of ASICS DynaFlyte™ shoes in the size/gender of your choice. There is a total of 10 1st Place prizes awarded to 10 winners. Prizes subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of prize permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Web sites promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at www.asics.com
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Orange, California. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
9. LIST OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: To receive a list of the winners after July 5, 2016 by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to: ASICS Digital Marketing Dept. 80 Technology Dr. Irvine, CA 92618. To request a list of winners via e-mail, please contact CustomerCare-US@asics.com.
10. SPONSOR: The Sponsor of the Sweepstakes is ASICS America Corporation, 80 Technology, Irvine, CA 92618,
PRIZE RETAIL VALUE NUMBER OF PRIZES ODDS OF WINNING
DynaFlyte Kit ? 2 Depend on the Total Number
Eligible Entries Received.
DynaFlyte Shoes 10 Depends on the Total Number of Eligible Entries Received.
Summer Clearance Event
Save up to 50% off select styles. Available online only at asics.com to U.S. and Puerto Rico residents. Sale ends 7/31/16 11:59pm PST or while supplies last. Discount price as marked. Not in conjunction with any other offer. ASICS America reserves the right to extend or end offer periods without notice. Sale price cannot be applied to past orders.
Your Right to Use the Site and its Contents
The Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (the "Content") are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trademarks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home or for legitimate and lawful business use. If you download any Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it.
Rights to User's Material
The Company welcomes your feedback, and is pleased to have you submit your comments regarding its products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of the Comapny. If despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of the Company ("Submissions"), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
Security of Electronic Transmissions
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
Links to Other Websites
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implies, as to the accuracy legality, reliability, or validity of any content on any other website.
Descriptions of Products
The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free.
Availability of Products
The products displayed on the Site may not be available in your particular country, state or locality. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.
Right to Change These Terms and Conditions of Use or Site Content
The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Disclaimer of Warranties and Damages
Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
Limitation of Liability
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, inclusing, but not limited to, negligence or otherwise) exceed $100.00.
These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.