Brooks Exhilarate Blueline Giveaway Program Terms and Conditions

Important:  Please read these terms before participating in the Program (defined below). By participating in this Program, you agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

PARTICIPATION IN THE PROGRAM AND DISPUTES ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS ARE SUBJECT TO THE MANDATORY ARBITRATION PROVISION SET FORTH IN SECTION 12 BELOW.

1. Eligibility: Brooks Exhilarate Blueline Giveaway (the “Program”) is open to legal residents of the fifty (50) United States (including D.C.), 18 years old or older at the time of entry. Void where prohibited. Employees of Brooks Sports, Inc. and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Sponsor and Administrator: Brooks Sports, Inc., 3400 Stone Way Suite 500, Seattle, WA 98103 (“Sponsor”).
3. Timing: Program begins on February 15, 2024 at 12:00 a.m. Eastern Time ("ET") and ends while supplies last.  Administrator’s computer is the official time-keeping device for the Program.
4. How to Receive an Item: During the Program Period, follow the links and instructions to claim the Item (described below).

You must be a member of the Brooks Run Club and sync at least one (1) personal fitness device with Brooks on this page by 3 a.m. EST/12 a.m. PST Monday, Feb. 19, 2024 to be eligible to claim your Item. Each Program entrant is eligible to claim one free pair of Brooks Exhilarate blueline (unreleased) running shoes (“Item”). Total number of Items is 1,949. Add Item to your cart on brooksrunning.com starting 11 a.m. EST/8 a.m. PST Wednesday, Feb. 21, 2024. to receive one (1) Item (MSRP $300) shipped to the same address as your order. No Items can be given away once those supplies are gone. There is no guaranty that any particular size or color will be available when Participant attempts to claim their Item. No rainchecks. Offer is non-transferable and not valid for cash or cash equivalent. Valid on orders shipped to the United States only. Item cannot be shipped internationally. All eligible orders will ship via the Standard shipping method.

Limit: Each participant may receive only one (1) Item. Multiple participants are not permitted to share the same email address.  Any attempt by any participant to obtain more than the stated number of Items by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's eligibility.

5. Release: By receipt of the Item, participant agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program or receipt or use or misuse of the Item.
6. If any provision of these Program Terms is found to be unenforceable in any respect by a court of competent jurisdiction, you agree that it is your intent and understanding that these Program Terms will nonetheless be enforced to the maximum extent to which it is found to be legally enforceable.  TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THIS AGREEMENT.
7. Without limiting the foregoing, to the maximum extent permitted by law, you waive all rights you may have under California Civil Code Section 1542, which reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected the settlement with the debtor."

8. Publicity: To the fullest extent permitted by applicable law, participation in the Program constitutes your consent to Sponsor’s and its agents’ use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, as determined by Sponsor in its sole discretion.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program or receipt or use or misuse of any Item.
11. Disclaimer of Warranty. Participant acknowledges that the Item is a pre-release, not-for-sale item, and SPONSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Disputes: PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPONSOR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPONSOR.

You and Sponsor agree to arbitrate any dispute arising from these Program Terms, the Terms of Use or your participation in the Program, except that you and Sponsor are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Sponsor agree that you will notify each other in writing of any dispute within 30 days of when it arises. Notice to Sponsor shall be sent to Brooks Sports, Inc., 3400 Stone Way N, Suite 500 Seattle, WA 98103, attention Legal Department. You and Sponsor further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in King County, Washington; that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association; and that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. The arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Program Terms, the Terms of Use, and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Sponsor will not commence against the other a class action, class arbitration or other representative action or proceeding.

13. Participant's Personal Information: By attempting to claim an Item, you agree that Sponsor may collect and process your personal information according to Sponsor’s Privacy Policy.
14. Sponsor’s Intellectual Property Notice: “BROOKS”, “Brooks Running”, “Moving Comfort”, the Brooks logo, the Path design, and any other Brooks product or service names, logos, or slogans are trademarks of Brooks Sports, Inc. The Promotion and all accompanying materials are copyright 2023 by Brooks Sports, Inc. All rights are reserved.