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adidas Terms and Conditions for Website Use


Please read these terms and conditions (“Terms and Conditions”) carefully before using this website and any adidas content on social media sites (including without limit Facebook and Twitter) (together, the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to these Terms and Conditions in their entirety, please leave the Site.

20% Off Shorts and Shirts Bundle

*Online only. Offer starts on adidas.ca June 8th, 2015 at 12:01am EST and ends June 14th, 2015 at 11:59pm PST. While quantities last. Some product exclusions apply. Price matching does not apply on previous orders. Discount cannot be combined with other promotions or coupon codes. This promotion is only valid on domestic Canadian orders on adidas.ca. adidas reserves the right to change or end this promotion at any time.

Play to Sport Game

Terms & Conditions 

*NO PURCHASE NECESSARY. Contest begins on May 12, 2015 at 12:00:00 a.m. ET and closes June 26, 2015 at 11:59:59 p.m ET. Open only to legal residents of Canada who are over the age of majority in their province/territory of residence at the time of entry. Seven (7) grand prizes available to be won: 1 x trip for two to the FIFA Women’s World Cup Canada 2015TM finals (ARV = $4,490); 1 x $500 adidas.ca shopping spree (ARV = $500); 5 x adidas Smart Balls (ARV = $220). The odds of winning a grand prize will depend on the number of eligible entries received. 50 instant win prizes available to be won: $25 coupon code off any purchase of $50 or more before taxes on adidas.ca (ARV of each = $25). Odds of winning an instant prize depend upon the timing and order of game plays received. The number of instant prizes will decrease as they are claimed throughout the contest period. Correct answer to skill testing question required. For full contest details visit www. adidascontest.com/rules. 

 

Operator of the Site
 

The Site is operated by adidas Canada Limited, 8100, Highway #27, Woodbridge, Ontario, L4H 3N2, Canada (“adidas”).
 

Content on the Site
 

All of the content featured or displayed on or through the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations, software, and other information (“Content”) is owned by adidas, its affiliated companies, its licensors or its content providers, as applicable. All elements of the Site including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property or other rights. Except as explicitly permitted under these Terms and Conditions or another agreement with adidas, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of adidas, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved.
 

Copyright and Trademarks
 

All rights in the Content, including copyright, are and remain owned by adidas, its affiliated companies, its licensors, or content providers, as applicable. Except as may be otherwise indicated within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of adidas. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Site.

 

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.  Your use of the Software may be subject to additional terms and conditions.
 

All trade marks, service marks, logos and trade names that appear on products of adidas Group, product packaging, or on the Site, whether registered or not (including but not limited to: the word mark "adidas", "the 3-Bars logo", "the Trefoil  logo", "the Globe", and "the 3-Stripes mark") (the “Trade Marks”) remain the exclusive property of adidas AG, its affiliated companies, its licensors or content providers (as applicable) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without adidas' prior written consent. The use of any of the Trade Marks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Site in any internal or external intranet or Internet site, or the creation of links, hypertext, or deeplinks between the Site and any other Internet site, is prohibited without the express written consent of adidas.
 

Disclaimer of Warranties 
 

The Site and the Content are provided “as is” and without any warranties of any kind. The Content on the Site is for general information purposes only, and does not constitute advice.


adidas does not represent or warrant that the Content and/or facilities contained on the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, adidas will not provide for specific IT infrastructure or connectivity. Thus, adidas does not represent or warrant that the Site will be uninterrupted or error free. adidas does not make any warranties or representations regarding the use of the Content on the Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
 

Limitation of Liability
 

Your use of the Site is entirely at your own risk. adidas, its affiliated companies, licensors and content providers,  and any of their respective employees, officers, directors or agents, and any other party involved in creating, producing or delivering the Site or any Content shall not be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content or the Site, including damages caused by viruses or any incorrectness or incompleteness of the Content on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if adidas has been advised of the possibility of any such damages.
 

Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.
 

Links to Third Parties


For your convenience and to improve the usage of the Site, links to sites that are owned and controlled by third parties may be provided from time to time. These links take you outside adidas’ service and off the Site and are beyond adidas’ control. This includes links to our partners, who may use the Trade Marks. The sites you can link to may have their own separate terms and conditions as well as a privacy policy. adidas is not responsible and cannot be held liable for the content and activities of these sites, or your use of them. You therefore visit, access and use these sites entirely at your own risk.
 

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use, privacy policies, or any other terms and conditions on those sites prior to using them.
Misuse of the Site
 

You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property or other rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. adidas may deny you access to the Site at any time in its sole discretion, and which shall include situations where adidas believes that your use of the Site is or may be in breach of any of these Terms and Conditions and/or applicable laws.

You are also prohibited from using the Site to advertise or perform any commercial solicitation.

 

User Generated Content


All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, adidas shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any

 

User Generated Content for any purpose, in any medium and throughout the world (“License”).  You acknowledge and agree that adidas only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. adidas does not continuously monitor User Generated Content published by you or moderating between users, nor shall adidas be under an obligation to do so. However, adidas reserves the right to do so from time to time, in its sole discretion. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of adidas. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated

 

Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personal, or other rights of third parties, does not contain any defamatory or disparaging statements and does not otherwise violate the Terms and Conditions. Furthermore, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and keep adidas, its affiliated companies, licensors and content providers harmless against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas,  its affiliated companies, licensors and content providers related to any User Generated Content posted or transmitted by you, or otherwise through your use of the Site.
 

 

adidas reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which adidas believes is not in accordance with these Terms and Conditions (including User Generated Content which infringes or may infringe third party intellectual property rights, rights of privacy or personality or other rights), or is otherwise unacceptable to adidas.
 

You agree to promptly notify adidas in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which you believe breaches or might breach these Terms and Conditions. You agree to provide to adidas sufficient information to enable adidas to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. adidas agrees to make good faith efforts to investigate such report and shall take such action as adidas in its sole discretion decides. However, adidas does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
 

Unsolicited Ideas
 

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to adidas business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to adidas. You should therefore not post any Materials on the Site or send these to adidas by e-mail or otherwise.

 

How You Can Contact Us
 

If you have any questions or comments about the Site or these Terms and Conditions or in the event that you wish to make a complaint or report regarding the Site (or its Content), then please click here.

 

Changes to the Terms and Conditions
 

adidas reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean you accept those changes.
 

Severance
 

Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.
 

Purchases
 

If you want to order products via the Site, you must also read and agree to the Delivery Terms.

 

Applicable Law and Jurisdiction


These Terms and Conditions shall be governed by the laws in force in the Province of Ontario and you and adidas hereby submit to the non-exclusive jurisdiction of the Ontario Courts.

................................................................................

THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA

AND IS GOVERNED BY CANADIAN LAW

 

Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.

 

  1. KEY DATES:

 

The adidas Primeknit 2.0 Retweet to Win Contest (the “Contest”) begins on May 7, 2015 at 2:00 p.m. Eastern Standard Time (“EST”) and ends on May 7, 2015 at 3:00 p.m. EST (the “Contest Period”).

 

  1. ELIGIBILITY TO ENTER:

 

The Contest is open only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; or (ii) are between the ages of thirteen (13) and the legal age of majority in their province/territory of residence (each, a “Minor”) provided any such Minor’s parent/legal guardian has consented to his/her participation in the Contest and has accepted and agreed to be legally bound by these Official Rules and Regulations (the “Rules”) on the Minor’s behalf; except employees, representatives or agents (and those with whom such persons are living, whether related or not) of adidas Canada Ltd. (the “Sponsor”), its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).  

 

NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Rules on the Minor’s behalf; (ii) consent to the Minor’s participation in this Contest; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information.  Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the time frame specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in disqualification of the Minor.

 

  1. AGREEMENT TO BE LEGALLY BOUND BY RULES:

 

By participating in this Contest, you (and your parent/legal guardian on your behalf if you are a Minor) are signifying your agreement that you have read and agree to be legally bound by these Rules.

 

  1. TWITTER NOT INVOLVED:

 

The Contest is in no way sponsored, endorsed or administered by, or associated with Twitter (the “Social Platform”).  The Social Platform is hereby completely released of all liability by each entrant (and his/her parent/legal guardian if he/she is a Minor) in this Contest.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the Social Platform.  You may only use one (1) Twitter Account (the “Account”) to participate in this Contest. To be eligible to earn an Entry (each, an “Entry” and collectively, the “Entries”) in this Contest, your Account must be set to public and not private.

 

  1. HOW TO ENTER:

 

No purchase necessary.  At or near the start of the Contest Period, the Sponsor or its designated representative will post a Contest Post (the “Post”) at https://twitter.com/adidasca (the “Twitter Channel”). The Post will contain information about the Contest and will include a hyperlink to these Rules.  Once you have located the Post, you can earn a maximum of one (1) Entry by visiting the Twitter Channel and following the on-screen instructions to Re-Tweet (a “Re-Tweet”) the Post using #primeknitCanada (the “Hashtag”).  To be eligible, your Re-Tweet must include the Hashtag.  For the avoidance of any doubt, you can earn only one (1) Entry in the Contest for Re-Tweeting the Post– regardless of how many times you Re-Tweet the Post.   All materials associated with your Entry (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) include all required components noted above; (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (v) be in accordance with the applicable terms, rules, policies and guidelines of the Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion). 

 

  1. ENTRY LIMIT AND CONDITIONS:

 

There is a limit of one (1) Entry per person (regardless of how many times you submit a Re-Tweet).  Under no circumstances will any participant be eligible to earn more than one (1) Entry.  If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry; and/or (ii) use multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  The Contest Parties, Twitter Inc., and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).  An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, all required Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).

 

  1. VERIFICATION:

 

All Entries, Entry Materials and entrants are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the Sponsor’s Official Clock(s).

 

  1. SUBMISSION REQUIREMENTS:

 

BY SUBMITTING AN ENTRY, YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE).  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES. 

 

By participating in the Contest, each entrant (and his/her parent/legal guardian on his/her behalf if the entrant is a Minor) hereby warrants and represents that any Entry Materials he/she submits:

 

  1. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;

 

  1. does not violate any law, statute, ordinance or regulation;

 

  1. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

 

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

 

  1. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

 

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials.   Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification.  The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason.   If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.

 

  1. LICENSE:

 

By entering the Contest and submitting an Entry, each entrant (and his/her parent/legal guardian on his/her behalf if the entrant is a Minor): (i) without limiting the applicable Social Platform Rules, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.  

 

  1. PRIZES:

 

There will be eleven (11) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won, each consisting of one (1) pair of adidas Primeknit 2.0 football boots.  Each Prize has an approximate retail value of $299.99 CAD.  There is a limit of one (1) Prize per person.  Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.  None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner (and his/her parent/legal guardian on his/her behalf if the confirmed winner is a Minor) agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

 

 

 

 

  1. ELIGIBLE WINNER SELECTION PROCESS:

 

On May 8, 2015 (the “Selection Date”) in Toronto, ON at approximately 2:00 p.m. Eastern Standard Time (“EST”), eleven (11) eligible entrants will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules.  The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules. 

 

  1. ELIGIBLE WINNER NOTIFICATION PROCESS:

 

The Sponsor or its designated representative will make a minimum of one (1) attempt to contact each eligible winner within one (1) business day of the Selection Date.  If an eligible winner cannot be contacted within one (1) business day of the Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

 

  1. ELIGIBLE WINNER CONFIRMATION PROCESS:

 

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  Before being declared A CONFIRMED PRIZE winner, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) agree (and have his/her parent/legal guardian agree on his/her behalf if he/she is a Minor) to the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.  If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to agree to the Sponsor’s declaration and release form within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

 

  1. GENERAL CONDITIONS:

 

This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. 

 

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

 

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.adidas.ca/en/help-topics-privacy_policy.html).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

 

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

 

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

 

For Quebec residents:  Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

 

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest. (or