Brooks Sports Booster Club Giveaway Official Rules
Important: Please read these rules before nominating a team (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 Team satisfies all of the eligibility requirements below.
Eligibility. NO PURCHASE IS NECESSARY TO ENTER. YOU MAY ONLY NOMINATE A TEAM THAT IS A HIGH SCHOOL TRACK AND FIELD AND/OR CROSS COUNTRY TEAM AS OF THE START DATE OF THE GIVEAWAY AND THAT IS A LEGAL RESIDENT OF ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA OR CANADA. IF THE TEAM YOU NOMINATE DOES NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, THEN THE TEAM IS NOT ELIGIBLE TO RECEIVE A GIFT, AND BROOKS SPORTS, INC. ("Brooks" or “Sponsor”) RESERVES THE RIGHT NOT TO GIVE GIFTS TO THAT TEAM. 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 respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to receive any gifts, or to Nominate Teams. All applicable federal, state and local laws and regulations apply. A Team can be Nominated by multiple individuals, but an individual may only Nominate a particular Team one time. Additional Nominations from one individual (including from different email addresses belonging to one individual) for one Team will be disregarded. Nominated Teams not chosen for a
particular Selection Date, defined below, shall automatically be eligible for the next Selection Date unless disqualified pursuant to these Rules.
- Disclaimer. Brooks and its parent company, 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.
- Giveaway Period. You may submit Nominations on a rolling basis between 9:00 am (all times Pacific Time) on December 1, 2022 and 11:59 pm on September 30, 2022 (the "Nomination Period"). Nominations must be received by the end of the Nomination Period for the Team to be eligible to receive a gift.
- Gifts. Throughout the year, twenty-five (25) total gift recipients will each receive the following gift pack: $12,400 in Brooks merchandise for each gift recipient's current high school team (ARV: $12,400); customized Team tent (ARV $600); and $2,000 cash for additional team needs (ARV: $2,000). All merchandise and cash will be donated directly to the high school (or its designee) and will be earmarked for the track and field and/or cross country program. Total ARV of each gift pack: $15,000. Total ARV of all gifts available: $375,000.
- Odds; Taxes; Etc. Odds of receiving a gift depend on the number of eligible Teams 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 twenty-five (25) gift recipients, then the number of gift recipients will be reduced to the actual number of Nominations received. 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 Team that received the next
highest score that puts the Team into the top twenty-five (25) 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 Team. 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).
- How to Nominate a Team. To nominate a Team, take the following steps during the Giveaway Period:
a. Identify a current high school track and field or cross country team that you think is in need (a "Team");
b. Visit Brooks' Web site at www.brooksrunning.com;
c. Click on the "Brooks Booster Club Application" on the Brooks Booster Club webpage;
d. Fill out the Brooks Booster Club Application with all requested information about the Team; and
e. Follow the instructions to submit your entry (your completed Booster Club 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.
- Guidelines and Restrictions. 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:
a. Your Nomination must not disparage any person or entity;
b. 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;
c. 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
d. 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.
- Selection and Notification of Recipient. On a quarterly basis, on or around January 1, March 1, June 1, and October 1, 2022 (each, the “Selection Date”),a panel of qualified judges, including Brooks employees will, in their sole discretion score the eligible Teams based on the following criteria each as applied to the Nominations received for each Team:
a. overall inspirational quality of Team;
b. clarity and objectivity of examples of how the Team has been inspirational;
c. consistency of Team with the theme of inspirational coaches;
d. the most apt, interesting, and original Nomination;
e. the overall merit of the Team (including the number of Nominations the Team receives); and
f. the overall quality (e.g., writing quality, including clarity) of the Nomination.
For each Selection Date, Brooks will select the top six (6) or seven (7) highest scoring Teams. Teams will be notified by Brooks on or about February 1, April 1, July 1, or November 1, 2022. In the unlikely event of a tie, the applicable gift recipient will be determined by the Team’s score in the following criteria: consistency of Team with the theme of Brooks Booster Club. To claim a gift, each gift recipient shall follow the instructions contained in his or her notification and comply with Section 12 herein.
- 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.
- 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.
- 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
- 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.
- Gift Recipient List; Rules Request. For a copy of the gift recipient list, send a stamped, self-addressed, business-size envelope by February 1, April 1, July 1, or November 1, 2022, at the address listed below, Attn: "Brooks Booster Club" Giveaway Gift Recipient List. To obtain a copy of these rules, send a stamped,
self-addressed business-size envelope to the address listed below, Attn: "Brooks Booster Club" Giveaway Official Rules Request. Residents of VT may omit return postage.
- Intellectual Property Notice. Brooks and Brooks Running are trademarks of Brooks Sports, Inc. The Giveaway and all accompanying materials are copyright 2022 by Brooks Sports, Inc. All rights are reserved.
- 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 Booster Club Giveaway, ATTN: Sports Marketing Manager , 3400 Stone Ave N, Floor 5, Seattle, WA 98103.
- Sponsor: Brooks Sports, Inc., 3400 Stone Ave N, Floor 5, Seattle, WA 98103.
Read more on the Brooks Booster Club page.