Niky’s Sports MLS Sweepstakes
OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND), D.C., AND PUERTO RICO WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with LAFC.
1. ELIGIBILITY: The “Niky’s Sports MLS Sweepstakes” (the “Sweepstakes”) is open only to persons who, as of the date of entry (and, if a winner, as of the date of prize fulfillment), are a legal resident of one of the 50 United States (excluding Rhode Island), the District of Columbia, or Puerto Rico and who are 18 years of age or older. Persons who, as of the date of entry (and, if a winner, as of the date of prize fulfillment), are an employee of adidas America, Inc. (“Sponsor”), Nikys-Sports.com (“Administrator”), or any of Sponsor’s or Administrator’s parent companies, subsidiaries, affiliates, or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 12:00 a.m. Pacific Time (PT) on October 9, 2019, and continues through 11:59 p.m. PT on October 19, 2019 (the “Entry Period”). No purchase is necessary. Any entrant who is under 18 years of age or otherwise under the legal age of majority in the jurisdiction in which the entrant resides (a “Minor”) must obtain permission to enter from his or her parent or legal guardian, and the agreement of the parent or legal guardian to these Official Rules, prior to entry. Entrants may enter the Sweepstakes via one of the two entry methods described below. The method of entry used by the entrant will not affect his or her odds of winning. In-Store Entry: To enter the Sweepstakes via the in-store entry method, during the Entry Period, visit a participating Administrator brick-and-mortar store located in one of the 50 United States (excluding Rhode Island), the District of Columbia, or Puerto Rico, and purchase a pair of adidas cleated footwear. At the time of purchase, employees at the store will direct the entrant to a sign-up sheet to be entered to win (which will require the entrant to provide the entrant’s email address and such other information as Sponsor may require). Mail-in Entry: To enter the Sweepstakes via the mail-in entry method, the entrant must legibly print the entrant’s name, e-mail address, telephone number, and date of birth on a 3” x 5” card, place the card in an envelope with proper first-class postage affixed, and mail the envelope to the Niky’s Sports MLS Sweepstakes, c/o Nikys-Sports.com, 1200 S Vail Ave, Montebello, CA 90640. General Entry Terms and Conditions: There is a limit of one entry per person, regardless of the method of entry used. All entries via the in-store or website entry methods must be completed and received by Sponsor prior to the conclusion of the Entry Period. Mailed entries must be postmarked by October 12, 2019 and received by Sponsor by 12pm PT on October 19,2019. Normal time rates and data charges, if any, charged by the entrant’s internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
3. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, seven (7) potential prize winners will be selected in a random drawing at each Niky’s Sports locations, one (1) winner per store location, conducted by Administrator or its agent from among all eligible entries received during the Entry Period from the in-store, website, and mail-in entry methods. The odds of being selected as the potential prize winners will depend on the number of eligible entries received. The potential winner will be notified by e-mail (sent to the e-mail address provided by the entrant when entering), or using other contact information provided by the potential winner, in Sponsor’s discretion. The potential winner must respond to Sponsor’s initial notification attempt within 72 hours. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign, and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. If the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
4. PRIZE: Seven (7) prizes will be offered. The prize consists of two (2) tickets to an MLS playoff game, two (2) food vouchers, adidas product, and ground transfers for the winner between one location and the event. The approximate retail value (“ARV”) of the prize is $700 USD. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. If the winner is not available for the game on the dates specified by Sponsor, Sponsor will have the right to disqualify the winner and select an alternate winner. Ground transfer arrangements must be made through Sponsor’s agent and on a car service of Sponsor’s choice. No refund or compensation will be made in the event of the cancellation except at the sole discretion of Sponsor. Lost, stolen, or damaged game tickets or product will not be replaced or exchanged. Sponsor will not be responsible for any cancellations, delays, diversions, or substitutions, or any act or omissions whatsoever by any transportation companies or any other persons providing any of these services to passengers including any results thereof, such as changes in services or accommodations necessitated by same. Tickets awarded as part of the prize may not be resold, offered for resale, refunded, or exchanged for cash value or substitute tickets. Event dates and times are determined in the sole discretion of the Event organizer, commissioner, governing league, or club team, as applicable, and may be subject to change. If the winner is not available to attend the Event on the date specified by Sponsor, Sponsor will have the right in its discretion to deem the prize forfeited and to select an alternate winner. The winner and guest(s) will be bound by and must comply with all applicable venue, club, team, and/or league regulations (as applicable) in connection with attendance at the Event. The winner’s guest must be 18 years of age or older and of the legal age of majority in the jurisdiction in which the guest resides, unless the winner is the parent or legal guardian of the guest. If the winner is a Minor, the winner’s guest must be the winner’s parent or legal guardian. Sponsor is not responsible for any cancellation or postponement of any prize-related activity. In the event of cancellation or postponement of any prize-related activity, Sponsor’s only obligation will be to provide a substitute prize or prizes of equal or greater monetary value selected by Sponsor in its discretion. In the event the winner or guest engages in behavior during any prize-related activity (including, without limitation, travel) that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image, or customer goodwill of Sponsor, or that otherwise violates these Official Rules, Sponsor reserves the right to remove the winner or guest from the applicable prize-related activity, deny the winner or guest attendance to any other prize-related activities, or disqualify the winner from the Sweepstakes and require the winner to forfeit any or all prize components, with no further obligation or compensation whatsoever to the winner or guest and no obligation to pay any damages, fees, fines, judgments, or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. All prize details that are not expressly specified in these Official Rules (including the specific trip dates and itinerary), will be determined by Sponsor in its discretion. Restrictions may apply. The prize will be awarded if properly claimed. No substitution, cash redemption, or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, with respect to the trip component of the Grand Prize, souvenirs, incidentals, food and beverages, and gratuities) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. FOR U.S. RESIDENTS: All federal, state, and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
5. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
6. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, Administrator, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of the Website, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights, or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule, or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Website, or the provision, acceptance, or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted, or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical, or technical error of any kind relating to the operation of the Website, communications, or attempted communications with any entrant, the submission, collection, storage, or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
7. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct, or other cause beyond the control of Sponsor corrupts the administration, integrity, security, or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state, provincial, territorial, or local law, order, or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens, or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs, or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program, or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that the entrant is the authorized account holder of the email address associated with the entry in question. All federal, state, provincial, territorial, and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
8. DISPUTES: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (B) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW & JURISDICTION: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Oregon, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Portland, Oregon. 10. USE OF INFORMATION: By entering the Sweepstakes, each entrant (and if entrant is a Minor, his or her parent or legal guardian) agrees that information submitted via the Website in connection with the Sweepstakes will be subject to Administrator’s Privacy Notice available http://www.nikys-sports.com/privacy-policy (the “Privacy Notice”) and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Administrator in connection with the administration of the Sweepstakes (including notification of winners and provision of lists of winners when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant. 11. WINNER’S NAME AND RULES REQUESTS: For the names of the winners, available after January 1, 2020, or a copy of these Official Rules, send a self-addressed, stamped envelope to Niky’s Sports MLS Sweepstakes, 5055 N. Greeley Ave., Portland OR 97217. Winner’s name requests must be received by Sponsor within six months after the conclusion of the Entry Period. 12. SPONSOR: The Sweepstakes is sponsored by adidas America, Inc. 5055 N. Greeley Ave., Portland, OR 97217 and administered by Nikys-Sports.com, 1200 S Vail Ave, Montebello, CA 90640. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with LAFC.