NO PURCHASE NECESSARY
OPEN TO RESIDENTS OF THE 50 UNITED STATES AND D.C., 13 YEARS AND OLDER ONLY
2. SUBMISSION GUIDELINES: Submission cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, except Sponsor reserves the right to include entries that contain only an incidental use of third-party trademarks or logos, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. By entering a Submission you warrant and represent that: (v) it has not been previously published; (w) it has not received previous awards; (x) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (y) the other persons depicted in the Submission, if any, have given written consent to its entry into the Contest and use as contemplated by these Official Rules; and (z) publication of the Submission via various media including Web posting and posting in social media, will not infringe on the rights of any third party. Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Submission that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Contest for any reason will be disqualified from the contest.
3. ELIGIBILITY: Open to residents of the 50 United States and D.C., 13 years of age or older at the time of entry except for employees of USA Track & Field, Inc., (“Sponsor”), its affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household. Void where prohibited.
4. VOTING/JUDGING/WINNER NOTIFICATION: Winner will be determined by the Entry that receives the highest number of “likes” (or “votes”) during the Contest Period. In order to vote, you must have an account on Instagram (to vote for entries posted on Instragram) or Twitter (to vote for entries posted on Twitter). Limit one (1) vote per person or Instagram or Twitter account during the Contest Period. In the event of a tie, tied entries will be judged by Sponsor. The entry deemed the most creative by Sponsor in its sole and unfettered discretion will be deemed the winner. Decisions of Sponsor are final in all matters relating to this Contest. Sponsor (@usatf) will reply to potential winner’s Entry and ask that winner to follow @usatf. Once he or she has done so, he/she will receive a direct message with prize claim instructions, including responding with his/her first and last name, street address, city, state, zip, daytime phone number and date of birth so that Sponsor can arrange for prize fulfillment. If the potential winner cannot be contacted or does not respond within forty eight (48) hours of notification, potential winner will be disqualified and Sponsor may select an alternate winner, at its sole discretion.
5. PRIZE/APPROXIMATE RETAIL VALUE (ARV): One (1) Grand Prize: A one-time $100 USATF merchandise credit. ARV: $100. No substitutions or transfers of prizes permitted by winners. Sponsor reserves the right to substitute a prize of equal or greater value.
6. RIGHTS IN SUBMISSIONS: In consideration of entrant's Entry being included in this Contest, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete or display such Entry, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further right of approval or compensation. Each entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner they see fit, the Entry submitted to Sponsor and to make derivative works from such material. Each entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Parties and their assignees and licensees shall have no obligations whatsoever to entrant. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Each entrant releases the Promotion Parties and each of their respective assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each entrant agrees and acknowledges that participation in the Contest, including, without limitation, the entrant's decision to provide the entrant's Entry to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Promotion Parties or Released Parties and Entrant, does not place the Promotion Parties or Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Entry, and that the only contracts, express or implied, between the Promotion Parties, Released Parties and entrant are as set forth in these Official Rules. In addition, the winners hereby grant permission for the Promotion Parties to use Entrant’s name, likeness, voice, quotes, comments, biographical information, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
7. GENERAL RULES: All income taxes resulting from acceptance of prizes, if any, are the responsibility of the winners. By entering Contest, entrants (and their parents/legal guardians if entrants are minors) accept and agree to these Official Rules and the decisions of Sponsor, which shall be final in all matters. By accepting prizes, winners (and their parents/legal guardians if winners are minors) agree to hold Promotion Parties, their respective parents, subsidiaries, affiliates, directors, officers, employees and assigns, promotion agencies and agents harmless against any and all claims and liability arising out of use or redemption of prize. Promotion Parties are not responsible for lost or late mail, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the entries in this Contest. If, in the Sponsor’s opinion, there is any suspected evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, the Sponsor reserves the right to modify or terminate the Contest in a manner deemed appropriate by the Sponsor, in its sole discretion. If terminated, prize will be awarded in a random drawing using all non-suspect entries as of the date of termination. All federal and state laws apply.
8. DISPUTES: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest 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 the Southern District of Indiana or the appropriate Indiana State Court located in Marion County, Indiana; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (iii) 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 LIMITATIONS 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
9. WINNER’S LIST: For the winner of this contest, available October 25, 2014, send a self-addressed envelope to: USA Track & Field, Inc., Attn: USATF Future Stars Favorite Back To School Moment Contest, 132 E. Washington Street, Ste 800, Indianapolis, IN 46204.
SPONSOR: USA Track & Field, Inc., Indianapolis, IN 46204