BROOKS SPORTS INSPIRING COACHES GIVEAWAY
Important: Please read these rules before nominating a Nominee (defined below) in this Giveaway (the "Giveaway").
By participating in this Giveaway, you agree to be bound by these Official Rules and represent that your Nominee satisfies all of the eligibility requirements below.
NO PURCHASE IS NECESSARY TO ENTER.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF A NOMINEE RECEIVING A GIFT. YOU MAY ONLY NOMINATE A NOMINEE WHO IS A HIGH SCHOOL TRACK AND FIELD AND/OR CROSS COUNTRY COACH AS OF THE START DATE OF THE GIVEAWAY AND WHO IS A LEGAL RESIDENT OF ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AND IS AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF THE NOMINEE YOU NOMINATE DOES NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, THEN THE NOMINEE IS NOT ELIGIBLE TO RECEIVE A GIFT, AND BROOKS SPORTS, INC. ("Brooks") RESERVES THE RIGHT NOT TO GIVE GIFTS TO THAT NOMINEE. Nominations (defined below) must be completed and received by Brooks in the manner and format designated below in order to be judged. Directors, officers and employees of Brooks and its participating sponsor(s) and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to receive any gifts, Nominate Nominees or vote for Nominees. All applicable federal, state and local laws and regulations apply. A Nominee can be Nominated by multiple individuals, but an individual may only Nominate a particular Nominee one time. Additional Nominations from one individual (including from different email addresses belonging to one individual) for one Nominee will be disregarded. A Nominee may not Nominate himself or herself.
2. Disclaimer. Brooks, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Brooks or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway.
3. Giveaway Period. You may submit Nominations between 3:30 pm (all times Pacific Time) on February 24, 2013 and 11:59 pm on May 19, 2013 (the "Nomination Period"). Nominations must be received by the end of the Nomination Period for the Nominee to be eligible to receive a gift.
4. Gifts. One first place gift recipient will receive the following gift pack: $10,000 in Brooks merchandise for the first place gift recipient's current high school team (approximate retail value ("ARV"): $10,000); $2,500 cash for additional team needs (ARV: $2,500); membership in the Brooks I.D. Program for 2014 (ARV: $1,500); and a trip for the first place gift recipient and a guest to the Brooks PR Invitational in 2014 consisting of 3 nights accommodations at a hotel in Seattle, Washington, two roundtrip airline tickets from the major airport closest to the recipient's address to Seattle-Tacoma International Airport (ARV: $2,000) (the "Trip"). Total ARV of first place gift pack: $16,000. All merchandise and cash will be donated directly to the high school (or its designee) where the first place gift recipient coaches and will be earmarked for the track and field and/or cross country program at that school.
Twenty-four (24) runner up gift recipients will each receive the following gift pack: $5,000 in Brooks merchandise for each runner up gift recipient's current high school team (ARV: $5,000); $500 cash for additional team needs (ARV: $500); and membership in the Brooks I.D. Program for 2014 (ARV: $1,500). All merchandise and cash will be donated directly to the high school (or its designee) where the runner up gift recipients coach and will be earmarked for the track and field and/or cross country program. Total ARV of each runner up gift pack: $7,000. All merchandise and cash will be donated directly to the high school where the first place gift recipient coaches and will be earmarked for the track and field and/or cross country program at that school.
Total ARV of all gifts available: $184,000.
5. Odds; Taxes; Etc. Odds of receiving a gift depend on the number of eligible Nominees and the quality of Nominations received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE MEMBERSHIP IN THE I.D. PROGRAM AND THE TRIP ARE THE SOLE RESPONSIBILITY OF THE RECIPIENT. All gifts will be given, except that if there are not enough Nominations for one first place gift recipient and twenty four (24) runner up gift recipients, then the number of runner up gift recipients will be reduced to the actual number of Nominations received that are not the first place gift recipient. If a gift notification is returned as undeliverable or a gift is otherwise not claimed within fifteen (15) business days after delivery of notification, the applicable gift will be forfeited and awarded to the Nominee who received the next highest score that puts the Nominee into the top twenty-four (24) after the forfeiting recipient is disqualified. Gifts are not transferable. No substitutions or exchanges (including for cash) of any gifts will be permitted, except that Brooks reserves the right to substitute a gift of comparable or greater value for any gift. Limit one gift per Nominee per school. All gifts are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. How to Nominate a Nominee. To nominate a Nominee, take the following steps during the Giveaway Period:
(i) Identify a current high school track and field or cross country coach that you think is an inspiring coach (a "Nominee");
(ii) Visit Brooks' Web site at www.brooksrunning.com;
(iii) Click on the "Inspiring Coaches Application" on the Inspiring Coaches Program webpage;
(iv) Fill out the Inspiring Coaches Application with all requested information about the Nominee; and
(v) Follow the instructions to submit your entry (your completed Inspiring Coaches Application, contact and other information are collectively your "Nomination").
All requested information and material must be provided for your Nomination to be valid. Nominations submitted to Brooks in connection with the Giveaway will not be returned. Proof of online submission of a Nomination will not be deemed to be proof of receipt of Nomination by Brooks. By submitting a Nomination, you consent to being placed on a mailing list for promotional and other purposes.
By submitting your Nomination, you agree that your Nomination conforms to the Content Guidelines and Restrictions listed below (collectively, the "Guidelines and Restrictions") and that Brooks, in its sole discretion, may remove any Nomination and your Nominee from the Giveaway if it believes, in its sole discretion that your Nomination fails to conform to the Guidelines and Restrictions.
Content Guidelines and Restrictions:
- Your Nomination must be your original creation and owned one hundred percent (100%) by you, or alternatively you must have full rights to grant the license and rights that you grant to Brooks in Section 11 below;
- Your Nomination must not contain material that violates or infringes upon any person's or entity's rights including, but not limited to, the rights of privacy (including, but not limited to, publicity and/or right not to be held in a false light), publicity or any intellectual property rights (including, but not limited to, trademark or copyright infringement), and cannot describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks or third party artistic works;
- Your Nomination must not disparage any person or entity;
- Your Nomination must be tasteful, consistent with Brooks' brand and image, must not be harmful to Brooks' brand or image, and must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
- Your Nomination must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- Your Nomination must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Nomination is created.
7. Selection and Notification of Recipient. Beginning on or about May 19, 2013, a panel of qualified judges, including Brooks employees (the "Judging Panel") will, in their sole discretion score the eligible Nominee based on the following criteria ("Judging Criteria"), each as applied to the Nominations received for each Nominee. The top 25 scoring Nominees will become finalists and the finalist Nominees will be notified by Brooks on or about June 4, 2013:
(i) overall inspirational quality of Nominee;
(ii) clarity and objectivity of examples of how the Nominee has been inspirational;
(iii) consistency of Nominee with the theme of inspirational coaches;
(iv) the most apt, interesting, and original Nomination;
(v) the overall merit of the Nominee (including the number of Nominations the Nominee receives); and
(vi) the overall quality (e.g., writing quality, including clarity) of the Nomination.
On or about June 18, 2013, the 25 finalist Nominees will be posted online at www.brooksrunning.com/InspiringNominees. Once posted, the running community and general public may visit Brooks' Facebook page at https://www.facebook.com/#!/brooksrunning?fref=ts and vote on the Nominees until July 21, 2013, using the Judging Criteria. Voters vote by using the voting application and may only vote one time, for one Nominee, on a given day.
After the public voting has closed, the Judging Panel will re-score the finalist Nominees using the score first given to the Nominee by the Judging Panel and the number of votes the Nominee received from the public. The original score and the public vote will each make up 50% of the Nominee's "Final Score."
The Nominee that receives the highest Final Score will be the first place gift recipient. The twenty-four (24) next highest scoring Nominees will each be the runner up gift recipients. Gift recipients will be notified by email and telephone or about August 1, 2013. In the unlikely event of a tie, the applicable gift recipient will be determined by the Nominee's score in the following criteria: consistency of Nominee with the theme of inspirational coaches. To claim a gift, each gift recipient should follow the instructions contained in his or her notification.
8. Selection of Merchandise. Actual model, color, size and features of the merchandise included in the gift pack awarded will be selected by Brooks in its sole discretion and may vary from photos used in print, electronic, or online advertising, including Brooks' web site.
9. Conditions of the Trip. Brooks will select airline, dates and times of travel and hotel. Dates of stay at the hotel will coincide with the 2014 Brooks PR Invitational and will be determined by Brooks at upon final scheduling of the 2014 Brooks PR Invitational. Brooks will pay only the nightly rate and taxes (all other incidental hotel expenses are the responsibility of the recipient). Recipient's guest must: (i) be at least 18 years of age or the age of majority under applicable law (unless recipient is the parent or legal guardian of the guest); and (ii) sign an affidavit of eligibility and liability release prior to recipient taking the Trip. Recipient is responsible for ground transportation to and from the airports, hotel and Brooks' PR Invitational, all meals and all other expenses that recipient or recipient's guest incurs in connection with the Trip.
10. Non-Infringing Entry Materials. You hereby represent and warrant that (i) you have the right to grant the rights granted herein (including without limitation in Section 11 below) or, alternatively, you have obtained all necessary rights and permissions to use and submit your Nomination in connection with the Giveaway and to provide all the rights specified in these Official Rules; and (ii) your Nomination and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
11. License to Nominations. By submitting your Nomination, you hereby grant to Brooks a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Nomination, or any portion thereof, in connection with the Giveaway and for other marketing and promotional purposes, and to incorporate Nominations, in whole or in part, into other works in any manner, form, media or technology now known or later developed, without additional compensation to you. Brooks will have no obligation to publish or use or retain any Nomination you submit or to return any such Nomination or Giveaway entry materials to you. You also agree to take, at Brooks' expense, any further action reasonably requested by Brooks to effect, perfect, or confirm Brooks' rights set forth above in this paragraph.
12. Affidavit and Release. As a condition of being awarded any gift, the gift recipient may (in Brooks' sole discretion) be required to execute and deliver to Brooks a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Brooks in its sole discretion.
13. Gift Recipient List; Rules Request. For a copy of the gift recipient list, send a stamped, self-addressed, business-size envelope after August 5, 2013 and before August 4, 2014 to Sponsor at the address listed below, Attn: "Brooks Inspiring Coaches" Giveaway Gift Recipient List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: "Brooks Inspiring Coaches" Giveaway Official Rules Request. Residents of VT may omit return postage.
14. Intellectual Property Notice. Brooks and Brooks Running are trademarks of Brooks Sports, Inc. The Giveaway and all accompanying materials are copyright 2013 by Brooks Sports, Inc. All rights are reserved.
15. Miscellaneous. The Giveaway and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington, U.S.A. You agree to be bound by these Official Rules and by the decisions of Brooks, which are final and binding in all respects. Brooks reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Giveaway or any entrant's participation in the Giveaway should viruses, bugs, unauthorized human intervention, or other causes beyond Brooks' control affect the administration, security or proper play of the Giveaway, or Brooks otherwise becomes (as determined in its sole discretion) incapable of running the Giveaway as planned. Notwithstanding the foregoing, Brooks reserves the right to amend, modify, or cancel the Giveaway at any time without notice. Participants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Giveaway; tamper with the operation of the Giveaway or engage in any conduct that is detrimental or unfair to Brooks, the Giveaway, or any other entrant (in each case as determined in Brooks' sole discretion) are subject to disqualification from entry into the Giveaway. Brooks reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Giveaway. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Giveaway, please e-mail them to email@example.com or send written questions to Brooks Sports, Brooks Inspiring Coaches Giveaway, ATTN: J. Ballezza, 19910 North Creek Pkwy, Ste 200, Bothell, WA 98011.
16. Sponsor: Brooks Sports, Inc., 19910 North Creek Pkwy, Ste 200, Bothell, WA 98011.