| 2009 Nike Women’s Marathon Sweepstakes (“Sweepstakes”) Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. 1. CAN I PARTICIPATE? Sweepstakes is open only to all legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years or older as of the date of their entry, except as provided in paragraph 6 below. Sweepstakes is void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited by law. IMPORTANT AMATEUR ATHLETE DISCLOSURE: Sponsor reserves the right in selecting potential winners and in awarding the prizes to take into consideration anything that may compromise a student or amateur athlete’s ability to play high school, NCAA College, or other amateur sports. In addition, if an entrant currently participates, or plans to participate, in a school-sponsored or amateur organized sport, receiving anything of value for participation in this promotion may affect his/her eligibility, both immediately and in the future. Entrant is solely responsible forverifying any potential impact to amateur eligibility. Sponsor suggests you also check with any local team organizations with respect to similar amateur prohibitions. 2. HOW DO I ENTER? This promotion begins on October 31, 2008 at 12:01 am ET and ends on November 30, 2008 at 11:59 pm ET (“Entry Period”). Enter ON-LINE by accessing www.Ladyfootlocker.com (“Web Site”) during the Entry Period. Follow the instructions given to complete the 2009 Nike Women’s Marathon Sweepstakes entry form, providing first and last name, age, e-mail address and daytime telephone number. Entries must be received by November 30, 2008 at 11:59 pm ET. Limit one (1) entry per person and or e-mail address. Multiple entries submitted by a single entrant or e-mail address are void. Misdirected, lost, late, stolen, inaccurate, incomplete, mutilated or illegible entries are not the responsibility of Sponsor (defined in paragraph 11 below), and are void. False or deceptive entries or acts will render the entrant ineligible. Participants who disregard these Official Rules may be declared ineligible. All entries become the property of the Sponsor and will neither be returned nor acknowledged. 3. WHAT CAN I WIN? *Grand Prize (three [3] Grand Prizes will be awarded.): Each Grand Prize consists of the following trip for two (2) people (Grand Prize winner and travel guest): • Two (2) Entries into the Nike Women’s Marathon in San Francisco (scheduled date of Marathon is October 18, 2009) • Three (3) Night Stay at a San Francisco area hotel selected by Sponsor (“Hotel”) consisting of one (1) single standard room, double occupancy, room and room tax only • Roundtrip coach airfare for winner and one (1) guest to San Francisco, CA from the major U.S. gateway airport nearest winner’s hometown • Meals provided through $100 total daily per diem for winner for three (3) day stay Total approximate retail value (“ARV”): $2,900 each. Note: The actual value of the travel portion of a Grand Prize may vary depending on city of departure, date and times of travel and airfare fluctuations at the time of travel booking. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded. First Prize (three [3] First Prizes will be awarded.): Each First Prize consists of one (1) each of the following: • One (1) Nike Prize Pack that includes a pair of Nike+ shoes, a Nike+ Sportband, a Nike+ SportKit, an iPod Nano, an armband and select Nike apparel (from available styles and sizes as determined by Sponsor). Total ARV: $435 each. The total ARV of all prizes to be awarded is $10,005. *All Grand Prize travel is subject to the following restrictions and conditions: Winner must be able to travel on dates specified by the Sponsor or prize will be forfeited and an alternate may be selected at sole discretion of Sponsor. If Grand Prize Winner lives within 150 miles of San Francisco, airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and his/her travel companion. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, additional meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of a Grand Prize winner and his or her travel companion. All travel arrangements are to be administered by Sponsor or its designee. Grand Prize winner and his or her travel companion will be required to travel on identical itineraries including the same departure date, destination and return date. Grand Prize winner and his or her travel companion will be required to provide valid U.S. Federal or state government issued photo ID at time of travel. A minor will not be allowed to participate in any portion of Grand Prize travel without being accompanied by his or her Grand Prize winning named parent or legal guardian. If Grand Prize Winner elects to travel or partake in trip with no travel guest, no additional compensation will be awarded. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with prize are not eligible for frequent flyer miles or any other promotional benefit. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize winner’s possession, or in the possession of the Grand Prize winner’s travel companion. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Grand Prize travel package will remain the property of Sponsor or its designee. Sponsor is not responsible for changes in scheduling of any element of the Grand Prize travel. No substitution or transfer of a prize or cash redemption is permitted, but Sponsor may at its option substitute cash value or another prize it believes is of equal or greater value. No portion of a prize may be sold, bartered or exchanged by winner. Awarded prizes are awarded without any warranty of any kind except as standard warranty issued by manufacturer or service provider. Taxes, if any, are the responsibility of each winner. 4. HOW DO I WIN? Each potential prize winner will be determined by a random drawing from all entries received, on or about December 10, 2008. Random drawing will be conducted by West Coast Marketing, an independent judging organization, whose decisions are final. The number of eligible entries received will determine odds of winning a prize. 5. HOW DO I FIND OUT IF I WON? Each potential prize winner will be notified by phone and/or e-mail within approximately two (2) days from the date of the drawing. Any potential prize winner who declines to accept the prize, has violated any of these Official Rules, does not respond to the award notification by the date given in the notification, or is found to be ineligible will be disqualified and an alternative potential prize winner shall be chosen. Each potential prize winner (or a potential winner’s parent or legal guardian if the potential prize winner is a minor in the jurisdiction in which they reside) may be required to sign and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) a Publicity Release form and an IRS W-9 form within seven (7) days of notice or they will be disqualified and an alternative prize winner may (at Sponsor’s sole discretion) be chosen. Each potential Grand Prize winner’s guest (or Grand Prize winner if such guest is the minor child or ward of the Grand Prize winner) will also be required to execute and return a notarized Release of Liability form within this same deadline. If a minor wins the prize, the prize will be awarded in the name of the minor’s parent or legal guardian who will be required to execute all required paperwork on said minor’s behalf and will be required to be such Grand Prize winner’s travel guest. A minor will not be allowed to participate in any portion of the Grand Prize travel without being accompanied by his or her Grand Prize winning named parent or legal guardian. Each winner (or parent or legal guardian on behalf of the minor and him/herself) releases Sponsor, West Coast Marketing, Foot Locker Retail, Inc., d/b/a Lady Foot Locker, their respective affiliated companies and all employees, officers, directors, shareholders, agents, and representatives (collectively, the “Releasees”) from all liability and responsibility of any kind which is related in any way to the prize (including without limitation any property loss, damage, personal injury or death) and consent to the use of their names and likenesses for advertising and promotional purposes without additional compensation, except where prohibited by law. 6. WHO CAN'T PARTICIPATE? Employees, their immediate families, and persons living in the same household (whether related or not) as employees of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”), Foot Locker Retail, Inc., their respective affiliated companies and all associated advertising and promotion agencies of each and suppliers of the prizes for this promotion are not eligible to win. 7. GENERAL CONDITIONS. By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Void where prohibited. This Sweepstakes is subject to all applicable Federal, State and local laws and regulations. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor is not responsible for any printing errors in these Official Rules or other materials related to this Sweepstakes. 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 these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to 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. Online entry must be made by the entrant, only at the designated web site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or computer software program to automate the entry process is prohibited. Releasees are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network computer online systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this sweepstakes; inability to access any web site, theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or on any web site or printing or other errors. Proof of entering entry information at the Web Site is not considered proof of delivery or receipt. Illegible and incomplete entries will be disqualified. All entries become the property of Sponsor and will not be acknowledged or returned. False and/or deceptive entries or acts shall render entrants ineligible. Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Sweepstakes Rules and with the NIKE USA Privacy Policy, which can be found at http://niketown.nike.com/niketown/info/privacy.jsp?item=privacy. By entering, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor and West Coast Marketing, whose decisions are final and binding with respect to all matters related to this promotion. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the authorized account holder. 8. LIMITATIONS ON LIABILITY: Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion,unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the aircarrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees shall not be liable for any loss or damage to baggage. 9. HOW DO I OBTAIN A WINNERS LIST OR COPY OF THESE OFFICIAL RULES? To receive a list of prize winners or a copy of these Official Rules, send a self-addressed, stamped envelope to: 2009 Nike Women’s Marathon Winners List 10. HOW WILL DISPUTES BE HANDLED? Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Oregon; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, 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.All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this promotion,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 or provisions (whether of the State of Oregonor any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Oregon. 11. WHO IS THE SPONSOR OF THIS PROMOTION? This promotion is sponsored by NIKE, Inc., One Bowerman Drive, Beaverton, OR 97005. Sponsor reserves the right to modify or cancel this promotion at any time and, in the event of cancellation, substitute another in its place. © NIKE, Inc. 2008. Entrants are authorized to copy these Official Rules on the condition copying will be for the entrant's personal use and not for any other commercial purpose whatsoever. |