BATB7 Terms & Conditions

© 2014 NIKE USA, Inc. All rights reserved.
OFFICIAL RULES FOR THE JOES VS. PROS BATTLE AT THE BERRICS 7 CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. NCAA/HIGH SCHOOL ELIGIBILITY.

I understand and agree that if I am, or may become, a student-athlete I am responsible for my own eligibility and/or amateur stand¬ing. I am aware of, and agree to comply with, all applicable rules, regulations, and bylaws of my state association, the NCAA and of any other governing body (“the Rules”). I understand the consequences of any failure to comply with the Rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport. Nike is not responsible or liable for your participation in this promotion resulting in your ineligibility as an amateur athlete.
1. Who is eligible?
This Contest is open only to legal permanent US residents who are thirteen (13) or older at the time of entry. Employees of NIKE USA, Inc., its parent company, NIKE, Inc., their subsidiaries and affiliates (collectively “NIKE”), or of other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children, and each of their respective spouses) and household members of each such employee are not eligible. In addition, NIKE sponsored athletes and their immediate families are not eligible.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Who is sponsoring the Contest?
The Contest is sponsored by NIKE USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005 (the “Sponsor”). Sponsor reserves the right to cancel, terminate or modify the promotion if it cannot be operated, conducted or completed as planned, for any reason.
3. When Can I enter?
The Contest starts on or about 12:00am (PST) on January 30, 2014 and ends at 11:59pm (PST) on February 28, 2014 (the “Entry Period”). Entries submitted after the Entry Period will be disqualified.
4. How do I enter?
During the Entry Period:
• If not already purchased, download the NIKE SB App in the Apple Store. App is free
• Complete as many tricks in the Trick Tree as possible, providing all required information, by 11:59pm (PST) on February 15, 2014. Tricks completed prior to the Entry Period will count but any tricks submitted after the Entry Period will be disqualified.
• Complete or have completed at least 5 games of SKATE in the App and hold a winner record (3/5 wins)
All entries become the property of Sponsor and will not be acknowledged or returned.
5. What are the requirements for Entries?
Entries may not contain any copyrighted elements other than elements owned by the entrant. Any elements that appear in the Entry must be entirely original, created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of an Entry, in the Sponsor’s sole discretion.
Sponsor has the sole discretion to determine whether an entry is eligible. Any entry that violates this section or is otherwise objectionable (as determined solely by Sponsor), will not be considered and will be disqualified.
6. What rights does the Sponsor have to my Entry?
By submitting an Entry, you grant the Sponsor the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry (with or without using the your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, moral rights. You further acknowledge that the Sponsor is in no way obligated to publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
7. How will winners be selected?
Beginning February 10, 2014 Sponsor will select eight (8) potential winners based on the number of tricks completed, difficulty of tricks completed, style and overall impression (“Judging Criteria”). In the event of a tie, Sponsor will reevaluate each Entry involved in the tie according to the Judging Criteria. The potential winner will be notified by email (in Sponsor’s discretion) within three (3) days of the selection.
If a potential winner declines to accept the prize, cannot verify their eligibility or has violated any of these Official Rules, then an alternate entrant may be selected, at Sponsor’s discretion and if time permits, in his/her place from the remaining eligible entries based on the above Judging Criteria. Only one (1) alternate entrant will be selected, after which the prize will remain un-awarded.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS BEEN COMPROMISED OR FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
8. What can I win?
Eight (8) Winners* will each receive:
• Access to compete in Rounds 1 & 2 at the Joes vs. Pros competition (“Competition”) at The Berrics
• Round-trip coach-class airfare to the Las Angeles, CA from the major airport nearest Winner’s home, approximate retail value (“ARV”): $500;
• Two (2) (subject to Sponsor’s discretion) consecutive nights (one standard room, double occupancy) hotel accommodations at a Sponsor-designated hotel near the Berrics location; ARV: $400;
• Ground transportation to/from airport and event, ARV: $100; and
• Three (3) meals a day for winner for the duration of the trip, ARV: $200.
Total approximate retail value for all prizes: up to $9,600
WINNER MUST BE AVAILABLE TO TRAVEL BETWEEN MARCH 2-8, 2014 OR PRIZE WILL BE FORFITED
Winners* who advance to Round 3 of the Competition will also receive:
• Round-trip coach-class airfare to the Las Angeles, CA from the major airport nearest Winner’s home, approximate retail value (“ARV”): $500;
• Two (2) (subject to Sponsor’s discretion) consecutive nights (one standard room, double occupancy) hotel accommodations at a Sponsor-designated hotel near the Berrics location; ARV: $400;
• Ground transportation to/from airport and event, ARV: $100; and
• Three (3) meals a day for winner for the duration of the trip, ARV: $200.
Total approximate retail value for all prizes: up to $9,600
WINNER MUST BE AVAILABLE TO TRAVEL BETWEEN MAY 7-10, 2014 OR PRIZE WILL BE FORFITED
*IF A WINNER IS BETWEEN THE AGES OF 13 AND 18, THEY MUST BE ACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN. ONE (1) PARENT OR ONE (1) LEGAL GUARDIAN WILL RECEIVE:
• Round-trip coach-class airfare to Los Angeles, CA from the major airport nearest Winner’s home, approximate retail value (“ARV”): $500;
• Ground transportation and hotel accommodations will be shared with the Winner; ARV: $500
Total approximate retail value for all possible prize combinations: up to $35,200
Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The Winner is responsible for any and all other costs and expenses not listed above. Prizes will be reported as income to a Winner and the Winner is responsible for taxes, if any, associated with the receipt of a prize.
9. What is the potential winner required to do?
Except where prohibited, a potential winner will be required to complete and return an executed Declaration and Release and/or tax form W-9, if applicable, within five (5) days of being notified. If a potential winner is a minor (as determined by Sponsor), his/her parent or legal guardian will be required to sign the required documents on the potential winner’s behalf. The potential winner’s travel guest may also be required to sign a Declaration and Release.
10. What other terms should I be aware of?
Unless prohibited by law, entrants agree to allow use of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known without further compensation, permission or notification.
The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Contest; (b) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize according to the Judging Criteria from among the eligible entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation.
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) 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 Contest or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant agrees that the Released Parties have made no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any prize.
11. How will disputes be handled?
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
12. How can I find out who won or obtain a copy of these Official Rules?
To obtain the name of the winner(s) or a copy of these Official Rules, send a self-addressed stamped envelope to: Joes vs. Pros Battle of the Berrics Contest, Attn. Brianna Zilles, NIKE, Inc., One Bowerman Drive, Beaverton, OR 97005. Requests must be received within four (4) weeks of the conclusion of the Entry Period.
14. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which you may view at http://www.nike.com/privacy/eu_england.jsp

© 2014 NIKE USA, Inc. All rights reserved.





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