1. Introduction. imATHLETE Zoot Giveaway ("Giveaway") is sponsored by I Am Athlete, PO Box 667, Santa Monica, CA 90406 and ZuitSports, Inc. The Giveaway is offered in conjunction with multiple companies ("Promoters") including but not limited to World Championship Sports Network, Inc., operating as Universal Sports, through one Official Entry Web Site, announcing the standard prizes. Giveaway entries will begin on August 28, 2009 and continue until midnight on December 15, 2009. Three (3) winners will be selected each month, on the following days October 15, 2009, November 15, 2009 and December 15, 2009 ("Winning Dates"), in a random drawing from among all entries received across the Official Entry Web Site. Each winner drawn is eligible to receive pre-determined sports apparel. The Giveaway is offered via the Internet and mail and only within the jurisdictions listed in Section 3 below. Void where prohibited.
IN TOTAL, TEN (10) PRIZES WILL BE AWARDED IN THE GIVEAWAY.
2. Timing. The Giveaway begins on August 28, 2009 at 12:01 a.m. Pacific Time ("PT") and ends on December 15, 2009 at 11:59 p.m. PT ("Promotion Period"). Various Promoters may be added throughout the Promotion Period. I Am Athlete’s computer is the official time-keeping device for online entries for this Giveaway.
3. Eligibility. The Giveaway is open only to legal residents of the fifty (50) United States (including the District of Columbia) who have reached the age of eighteen. Void where prohibited. Employees, officers and directors of Sponsor and Promoter, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as spouse, parents, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All federal, state and local laws apply.
4. How to Enter. There are two (2) ways to enter the Giveaway:
Follow the instructions on the landing page to complete and submit an entry form to earn one (1) entry into the Giveaway. Entrants may receive an email about the Giveaway during the Promotion Period. The "authorized entrant" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
For All Entries: LIMIT: One (1) entry per person by any individual method of entry during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant 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 participant's entries and that participant may be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. All entries become the exclusive property of Sponsor and the applicable Promoter and will not be acknowledged or returned. Proof of sending will not be deemed to be proof of receipt by Sponsor.
5. Selection of Potential Winner. Sponsor will randomly select three (3) winners per Winning Date from among all eligible entries received through the selected Official Entry Web Site and by mail. The potential winner must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Except where prohibited, potential winner must confirm acceptance of prize within ten (10) days of being notified. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to acknowledge acceptance of prize within the required time period, an alternate entrant will be selected in his/her place, at random, from among all eligible entries received through the selected Official Entry Web Site and by mail. Only two (2) alternate drawings will be held, after which the prize will remain un-awarded. Prize will be fulfilled 2-6 weeks after winner confirmation.
6. Prize. Ten (10) Prizes will be awarded. The prize for which an entrant is eligible is a pre-determined selection of apparel, footware and/or an event entry. No substitution, assignment or transfer of prize permitted, except as determined in the sole discretion of Sponsor and Promoter, who reserve the right to substitute the prize with another prize of greater or equal value. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. The odds of winning depend on the number of entries received through the Official Entry Web Site and by mail.
7. Publicity. Except where prohibited, participation in the Giveaway constitutes winner's consent to Sponsor's and Promoter's use of winner's name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
8. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Giveaway. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of impairment. 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 Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or any Promoter's Web site or undermine the legitimate operation of this Giveaway may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve 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.
9. Release. By receipt of any prize, winner agrees that Sponsor and Promoters, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Giveaway.
10. Limitations of Liability. Sponsor and Promoters are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Web site or service; (4) unauthorized human intervention in any part of the entry process or the Giveaway; (5) electronic or human error which may occur in the administration of the Giveaway or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail, or (7) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or from downloading any material from Sponsor's or Promoter's Web site(s), regardless of whether the material was prepared by Sponsor, Promoter or a third party, and regardless of whether the material is connected to Sponsor's or Promoter's Web site by a hypertext link. 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 Giveaway, provided that, if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (3) 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 LIMITATION 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 entrant, Sponsor and Promoter in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Personal Information: By entering the Competition, you authorize the Sponsor and Promoters to use the collected personal data for the purposes connected with this competition and for the time being necessary to fulfill such purposes. The information that you provide in connection with the Contest may be used for Promoter and Sponsors' internal purposes and to send you Promoter and Sponsors' newsletters and other information about Promoter and Sponsors, but will not be provided to third parties, except as necessary for the administration of the Contest or as required by law or legal process. If you would like your name removed from Sponsors' mailing list or if you do not wish to receive Sponsors' newsletter, please send a request to imATHLETE – Zoot Giveaway, PO Box 667, Santa Monica, CA 90406, or send an email to: support@imATHLETE.com with "imATHLETE – Zoot Giveaway" in the subject field.
13. Winner List. Winner List requests will only be accepted after the promotion end date (listed above) and no later than December 31, 2009. For the Winner List, send an email with subject line: "imATHLETE – Zoot Giveaway, Winner List Request," to support@imATHLETE.com.
