Last updated October 8, 2020
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE ACCESS TO THE INTERNET AND A VALID E-MAIL ADDRESS TO PARTICIPATE. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW. THIS SWEEPSTAKES IS AN INITIATIVE BY ASICS DIGITAL, INC. FOR PROMOTION OF THE RUNKEEPER BRAND.
1. ELIGIBILITY: ASICS “KEEP MOVING, STAY RECOVERED CHALLENGE POWERED BY THERAGUN” Sweepstakes ("Sweepstakes”) is open only to legal residents of the fifty (50) states of the United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and overseas military installations) and legal residents of the United States who are at least eighteen (18) years of age or older (or the age of majority in their state of residence, whichever is older) as of September 25, 2020, with access to the Internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below). All employees of ASICS America Corporation, ASICS Digital, Inc., and Theragun, Inc. (together, “Sponsor, “ASICS” or “Runkeeper”) and its parent corporation, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, contractors or agents (all of the foregoing, together with Sponsor collectively, “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these official rules ("Official Rules”).
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 12:00 AM Eastern Time (ET) on September 25, 2020 and ends at 2:55 AM ET on October 10, 2020 (the "Sweepstakes Period"). Winners will be selected from entries properly submitted to the Sweepstakes during the Sweepstakes Period.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: During the Sweepstakes Period, you can enter by completing the KEEP MOVING, STAY RECOVERED CHALLENGE POWERED BY THERAGUN in the Runkeeper app.
Limit of one (1) Entry per person, per household during the Sweepstakes Period, regardless of method of entry. Any attempts by an entrant to submit more than one (1) entry during the Sweepstakes Period, regardless of method of entry, will result in such entrant being disqualified.
Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will entries that violate copyright laws or infringe on any third party rights. Entries will not be acknowledged or confirmed. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. If any dispute arises as to the identity of an entrant, the entrant shall be considered the authorized account holder of the associated e-mail address through which the Entry was submitted to the Sweepstakes. An “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address or other online account by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses or online accounts for the domain or website associated with the submitted e-mail address or online account. Entry must be received during the Sweepstakes Period to be eligible for the Sweepstakes.
Entries must be received during the Sweepstakes Entry Period to be eligible for the Sweepstakes. By entering this Sweepstakes, you are giving Sponsor the right to post your Entry, including your Submission and name, on the ASICS Social Media Pages or other public websites, you are assigning all ownership rights and usage rights to your Photo to the Sweepstakes Entities.
4. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Prize Winner by accepting the Prize grants to the Sweepstakes Entities a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, city, state and biographical material (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
5. SELECTION OF SWEEPSTAKES WINNERS: Ten (10) potential Prize Winners will be selected in a random drawing to be held on October 12, 2020 after the close of the Sweepstakes. The potential Prize Winners will be selected from all eligible entries received during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential Prize Winners will be notified via the email account used to enter the Sweepstakes within twenty-four (24) hours after the drawing ("Prize Award Period"). The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential Prize Winner’s failure to respond to notification promptly after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential prize winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within three (3) days after its transmission, if applicable; (5) a potential prize winner’s failure to validly claim the prize within three (3) days after notification; and (6) any other non-compliance with the Official Rules. In the event of prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
6. PRIZE: Ten (10) "Prizes" will be awarded in this Sweepstakes. Each Prize will consist of one (1) Theragun Elite device and one (1) pair of ASICS sneakers of the winner’s choosing, up to one hundred sixty dollars and zero cent ($160.00 USD) value. Total ARV of all Prizes to be awarded in this Sweepstakes is five thousand five hundred ninety dollars and zero cent ($5,590.00 USD). All expenses not specifically mentioned herein (including any taxes, duties, fees and surcharges) are not included as part of any prize package, and are solely the Prize Winner’s responsibility.
Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Prize will not be replaced if lost or stolen and is not redeemable for cash, unless required by law. The Prizes will be awarded provided they are validly claimed within three (3) days after notification, after which no alternate winners will be selected, nor unclaimed prizes awarded. All taxes on the Prizes, if any, and other expenses related to accepting and/or using the Prizes not listed in these Official Rules are the sole responsibility of each Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Prize, if applicable. Each Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to each Winner, if applicable.
PRIZE IS 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. THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL
7. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, any applicable terms and conditions and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prizewinner from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at Sponsor's sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes.
8. PARTICIPANT OBLIGATIONS: By entering, each entrant agrees THAT THE SWEEPSTAKES ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY PRIZE. By participating in the Sweepstakes each entrant (including Winner(s)) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Sweepstakes; (ii) receipt or redemption of the Prize; or (iii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Winner(s) each assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the Prize.
9. BINDING ARBITRATION OF DISPUTES: We believe that arbitration is a preferable manner to resolve any disputes or disagreements that you may have related to this Sweepstakes or your interactions with the Sponsor. Therefore, pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or related to the Sweepstakes, the Prize, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction (collectively, “Sponsor Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Sweepstakes or engaging in any other Sponsor Transactions or Relationships, you agree to binding arbitration as provided below.
To the fullest extent permissible by law, with the exception of disputes pertaining to the Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Sponsor arising and/or resulting from these Official Rules shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Massachusetts state or federal court with substantial experience in the internet industry and shall follow Massachusetts substantive law in adjudicating the dispute, except that this Section 10 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 10 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the address and/or zip code you have provided to the Sponsor. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, the Sponsor shall pay the costs and fees of JAMS and the arbitrator. The Sponsor agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
11. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner(s), send an email to email@example.com with the subject line: ASICS’ “KEEP MOVING, STAY RECOVERED CHALLENGE POWERED BY THERAGUN” Sweepstakes Official Rules/Winners List Request. Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period.
12. SPONSOR: ASICS Digital, Inc., One Winthrop Square, Floor 5, Boston, MA 02110.