MIZUNO RUNBIRD 30th ANNIVERSARY CONTEST
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE.
OPEN ONLY TO ELIGIBLE RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID IN PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The Mizuno Runbird 30th Anniversary Contest (“Contest”) is sponsored by Mizuno USA, Inc. (“Sponsor”), 4925 Avalon Ridge Parkway, Norcross, Georgia 30071, and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033.
1. CONTEST TIMING: The Contest begins on July 8, 2013 at 10:00 AM Eastern Time (“ET”) and ends on July 18, 2013 at 11:59:59 PM ET (“Contest Period”) and consists of an “Entry Phase” and a “Judging Phase” as described below. The Sponsor’s computer is the official clock of the Contest.
July 8, 2013
July 18, 2013
July 19, 2013
July 22, 2013
2. ELIGIBILITY: The Contest is offered only to legal residents of the 50 states of the United States and the District of Columbia who are at least 18 years of age at the time of entry. Employees of Sponsor, Administrator, McKinney & Silver, Leader Digital, and any of their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, advertising, promotion and production agencies, agents (“Contest Entities”), and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Contest. Void in Puerto Rico, all United States Territories and Possessions and overseas military installations, outside of the 50 states of the United States and the District of Columbia, 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 and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: During the Entry Phase an eligible entrant must log on to www.MizunoUSA.com/running/mezamashii (“Website”) and follow the online prompts to the Contest entry page. Entrants must complete the requested information on the registration form, which may include, but is not limited to, his/her e-mail address, his/her first and last name (initials are not permitted), complete mailing address (P.O. Boxes are not permitted), year of birth, phone number and answer in no more than 250 words the following question: “Tell us why you're celebrating the 30th anniversary of the Mizuno Runbird.” (“Essay”). The registration form and Essay will collectively be referred to as an “Entry”. Entries are subject to the Entry guidelines and requirements (“Guidelines and Requirements”) set forth in Section 4 of these Official Rules.
Limit 1 Entry per entrant for the entire Contest Period. If it is discovered or suspected, in Sponsor’s sole discretion, that an entrant has submitted Entries using multiple e-mail addresses or identities, all of that entrant’s Entries may be declared null and void and any prize(s) he or she might have been entitled to will not be awarded to him/her. Use of any automated system to participate in the Contest is prohibited and will result in disqualification of any entrant attempting such use.
In the event of a dispute as to any registration, the Authorized Account Holder, as that term is defined below, of the e-mail address used at the time of entry will be deemed to be the entrant. The potential winner may be required to show proof of being the Authorized Account Holder.
4. ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
i. Must include the entrant’s response to the Essay question;
ii. Must be in English;
iii. Must not exceed 250 words;
iv. Must be original and solely the creation of the entrant;
v. Must not contain content that infringes on the intellectual property rights (including any copyright, trademark or publicity rights) of any third party.
vi. Must be suitable for publication as determined at the sole and absolute discretion of the Sponsor or its authorized designee;
vii. Must not include any material that promotes drinking and driving, texting and driving, or the excessive or irresponsible consumption of alcohol;
viii. Must not promote the illegal use of alcohol, drugs or tobacco, firearms/weapons or any activities that may be construed as dangerous, illegal, or violation any law;
ix. Must not include religion or religious themes, obscenity, profanity, racist themes or material that is sexually oriented or comments regarding sexual orientation, explicit, or suggestive or exploits people in a sexual or violent manner;
x. Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and
xi. Must not contain material that is (or promotes conduct that is) unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Entry is created.
Modifications of an existing work does not qualify an Entry as original. In order to be entered into the Contest, entrants must comply with all Sponsor instructions and each Entry submitted must meet the eligibility criteria outlined above as determined by the Sponsor in its sole and absolute discretion. Once submitted, an Entry cannot be deleted, canceled, or modified.
EACH ENTRANT HEREBY GRANTS SPONSORS A ROYALTY-FREE, FULLY PAID UP, PERPETUAL LICENSE TO USE ANY ENTRY IN ANY MEDIA NOW KNOWN OR LATER INVENTED IN AND TO THE ENTRY AND THE ENTRANT’S IDENTIFYING CHARACTERISTICS SUCH AS NAME AND HOMETOWN, AND EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry.
5. JUDGING AND SELECTION OF WINNER: During the Judging Phase, all eligible Entries received during the Entry Period will be judged by a panel of judges selected from the Sponsor’s brand marketing team and agencies (“Judges”). The Judges will score each Entry according to the following weighted judging criteria (collectively, “Judging Criteria”): (1) “Creativity” – 20%, (2) “Demonstration of entrant’s passion for running” – 40%, and (3) “Relevance to the Mizuno brand” – 40%. The 25 Entries with the highest overall scores will be each named a potential winner. Each winner is deemed to be a potential winner pending verification of winner’s eligibility and compliance with these Official Rules. In the event of a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in: “Creativity” will be named the winner. In the event there is still a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in: “Relevance to the Mizuno brand” will be named the winner. In the event there is still a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in: “Demonstration of entrant’s passion for running” will be named the winner. In no event will there be more than 25 winners. Decisions of the Judges are final and binding.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
A. Prizes (25): Each winner will receive 1 pair of specially-commissioned, limited-edition commemorative Mizuno Wave Rider 16 running shoes and an original, framed drawing of the Mizuno Runbird (“Prize”). The commemorative Mizuno Wave Rider 16 running shoes are not for active use and are to be manufactured as a collector's item. The Sponsor will not obtain the shoe size of any entrant; the Prize sent to a winner is not fitted for the winner and may or may not be the shoe size of the winner. The Prize is subject to all of the terms, conditions, and restrictions set forth in these Official Rules.
B. ARV: The ARV of each Prize is $300. The total ARV of all Prizes is $7,500.
5. HOW TO CLAIM A PRIZE: Upon verification of eligibility, Sponsor or its designee will use all reasonable efforts to mail prizes to each winner at each winner’s physical address submitted when registering for the Contest. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, does not comply with Sponsor’s instructions or if the prize is returned as undeliverable, the prize may be forfeited, and, in Sponsor’s sole discretion, may be awarded to an alternate winner, named in order of highest cumulative score from among the remaining Entries, as determined by Sponsor in its sole discretion. Sponsor will attempt to fulfill prizes at its cost within 2 to 4 weeks from the date of verification of a winner’s eligibility. Prizes that are unclaimed, unredeemed, or returned as undeliverable may not be awarded.
The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent 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 force majeure. Each winner will be solely responsible for any and all federal, state and/or local taxes imposed on the acceptance of the prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Contest Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
Acceptance of a prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Entry, and/or prize information in connection with Contest, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
7. LIMITATION OR LIABILITY: The Contest Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, e-mail, 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/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, 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 or unauthorized access to any web site(s). The Contest Entities are not responsible for any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in this Contest. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners, in a manner it deems fair and reasonable, including the selection of the winners from among eligible Entries received prior to such cancellation, termination, modification or suspension.
In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prizes may be awarded in a random drawing from among all verified prize claims received for that Prize.
THE CONTEST ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further,the Contest Entities are not responsible for, and shall be indemnified by any winner against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.
Entries that are forged or are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, shall be disqualified and void. Contest Entities shall not be responsible or liable for Entries that are late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such Entries will be disqualified. By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Administrator 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/her rights to bring any claim, action, or proceeding against any of the Contest Entities in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Contest Entities, and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), 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 Game Play, participation or inability to participate in the Contest, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, 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 the prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, 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 Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Game Play (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any other website or 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 Contest Entities or by an entrant, (j) interruption or inability to access the Contest, the Website or any other Contest-related page or websites, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, 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 Contest Entities, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or their designees, or (q) the negligence or willful misconduct by entrant. Any and all activities related to a prize, are at the winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
8. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL SOLELY BE IN THE COUNTY OF FULTON, GEORGIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR ELECTIVE MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF A SINGLE ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN GEORGIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN FULTON COUNTY, GEORGIA. 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, 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 ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Contest Entities and/or any other party shall be resolved individually, without resort to any form of class action. Each entrant hereby irrevocably and unconditionally waives his or her right to a jury trial.
10. PUBLICITY RIGHTS: By entering the Contest and/or accepting a prize, entrants agree to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address used to make 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 other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, 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 the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Contest. 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 become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any 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 Official Rules shall prevail.
12. WINNERS LIST: For a list of the first names and last name initial of the winners, mail a self-addressed, stamped business size envelope to: The Mizuno Runbird 30th Anniversary Contest Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Vermont residents may omit return postage. Requests must be received by September 3, 2013.
Sponsor: Mizuno USA, Inc., 4925 Avalon Ridge Parkway, Norcross, Georgia 30071.
© 2013 Mizuno USA, Inc. All rights reserved.