Important: Please read these rules before participating in the Sweepstakes (defined below). By participating in this Sweepstakes, you agree to be bound by these Official Rules 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. 1. Eligibility: Brooks Dirty Kicks Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry. 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. The Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor and Administrator: Brooks Sports, Inc., 3400 Stone Way N. Suite 500, Seattle, WA 98103, U.S.A. 3. Timing: The Sweepstakes begins on July 18, 2023, at 4:00 a.m. Pacific Daylight Time ("PDT") and ends on July 25, 2023, at 4:00 p.m. PDT (the “Sweepstakes Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes. 4. How to Enter the Sweepstakes: There is one (1) Sweepstakes prize pool (“Prize Pool”). Legal residents of the fifty (50) United States (including the District of Columbia) will comprise the Prize Pool. During the Sweepstakes Period, there are two (2) ways to enter the Sweepstakes, as outlined below: a. Post a running-themed picture or video to Instagram, Tik Tok, Strava, Twitter, or Facebook and tag @brooksrunning and #DirtyKicks: Download Instagram, TikTok, Strava, Twitter, or or Facebook mobile apps (“App”), to your mobile device, if you haven’t already done so. Then, post a social media post and tag your post with @brooksrunning and #DirtyKicks within the App. Once complete, you will receive one (1) Sweepstakes entry that will be entered into the Prize Pool drawing. Please consult your doctor before engaging in any exercise or training activity. If you experience a medical emergency, please stop your exercise or training activity and consult with a medical professional immediately. Message and data rates apply to use of mobile device. You may be charged by your wireless carrier for participating via mobile device. It is therefore recommended that you consult your wireless carrier's pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas. b. Alternate Method of Entry: To enter without downloading the App or submitting a social media post, email your name, address, day and evening phone numbers to entries@brooksrunning.com with the subject “Brooks GRD Dirty Kicks Sweepstakes.” You will receive one (1) Sweepstakes entry into the Prize Pool drawing. Limit: One (1) entry per email. All email entries must be received by June July 725, 2023 at 4:00 p.m. PDT. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Limit: You may enter one (1) time during the Sweepstakes Period, regardless of method of entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. 5. Prize Drawings: Administrator’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received for each respective Prize Pool during the Sweepstakes Period on or around July 26, 2023. The potential winners will be notified by email or direct message or comment through the App they used to submit their entry. Potential winners may be required to provide their name, home mailing address (P.O. Boxes may not be permitted), and date of birth to confirm eligibility and for purposes of prize fulfillment within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to provide any requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. 6. Sweepstakes Prizes: THREE (3) PRIZES: Winners will receive one prize package consisting of (1) pair of Brooks Cascadia 17s and Trail H2T apparel (one High Point Waterproof Jacket, one High Point Waterproof Pant, and one High Point Short or Long Sleeve Shirt for each winner), subject to availability. All details of prizes are determined by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): $534. For All Prizes: Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use, excluding shipping and handling. Odds of winning a prize depend on the number of eligible entries received for the Prize Pool during the Sweepstakes Period. Limit: one (1) prize per person. 7. Releases; Representations and Warranties: BY PARTICIPATING IN THE SWEEPSTAKES, YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THESE SWEEPSTAKES RULES AND PARTICIPATION IS SOLELY AT YOUR OWN RISK. ON BEHALF OF YOU AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), YOU HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, AND OTHER PROVIDERS OF THE SWEEPSTAKES, OR ANY PORTION THEREOF, INCLUDING APP PROVIDERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY)) RELATING TO ANY CLAIM YOU MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY OR OTHER LOSS, DAMAGE, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION ANY CLAIMS BASED ON LIBEL OR THE RIGHT OF PUBLICITY OR PRIVACY (COLLECTIVELY, "HARM") THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH, THE SWEEPSTAKES, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS"). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE RELEASED CLAIMS. If any provision of these Official Rules 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 Official Rules 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. 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." By receipt of any Sweepstakes prize, winner agrees to release and hold harmless Sponsor, Administrator, and any promotional partners, each of their parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. As a condition of being awarded any prize or gift, the winner may (in Sponsor’s sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor’s in its sole discretion. 8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state/province 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 Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 Official Rules 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 entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 11. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively in the federal and state courts located in Seattle, Washington; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington. 12. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy. 13. Sweepstakes Winner List: For a winner list, please send an email after July 26, 2023 to Brooks at entries@brooksrunning.com with the subject “Brooks Dirty Kicks Sweepstakes Winner List.” 14. Sponsor’s Intellectual Property Notice: “BROOKS”, “Brooks Running”, “Brooks Run Club”, the Brooks logo, the Path design, and any other Brooks product or service names, logos, or slogans are trademarks of Brooks Sports, Inc. The Sweepstakes and all accompanying materials are copyright 2023 by Brooks Sports, Inc. All rights are reserved. 15. Sweepstakes Emails: By entering the Sweepstakes, you agree to receive emails related to the Sweepstakes.
