AUTHORIZATION TO USE IMAGE. I grant to NIKE, Inc., their affiliates, successors, assigns and licensees ("NIKE") the unlimited permission to distribute, publish, exhibit, sell, license, digitize, broadcast, display, and otherwise use my name, image, likeness, voice, and biographical information or any materials based or derived from these items in any manner or media whatsoever (whether now known or later developed), including posting my photographic image on social media websites, such as Twitter or Facebook, anywhere in the world in perpetuity without any expectation of compensation for the purposes of advertising, promoting, marketing, merchandising, or publicizing NIKE, NIKE's products and services, or for any other purpose.
I shall have no rights of approval and no claim (including, without limitation, claims based upon invasion of privacy, defamation, and right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, or any use in any composite form of my name, image, likeness, voice, or biographical information or any materials based or derived from these items. NIKE shall have no obligation to use any of the rights I grant. I represent that it is not necessary for NIKE to pay any fees to any collective bargaining organization, union, or any third party in connection with the rights granted in this Agreement.
NCAA/HIGH SCHOOL ELIGIBILITY. I understand and agree that if I am, or may become, a student-athlete I am responsible for my own eligibility and/or amateur standing. I am aware of, and agree to comply with, all applicable rules, regulations, and bylaws of my state association, the NCAA and of any other governing body (“the Rules”). I understand the consequences of any failure to comply with the Rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport. Nike is not responsible or liable for your participation in this promotion resulting in your ineligibility as an amateur athlete.
This Contest is open only to legal permanent US residents who are thirteen (13) or older at the time of entry. Employees of NIKE USA, Inc., its parent company, NIKE, Inc., their subsidiaries and affiliates (collectively “NIKE”), or of other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children, and each of their respective spouses) and household members of each such employee are not eligible. In addition, NIKE sponsored athletes and their immediate families are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Contest is sponsored by NIKE USA, Inc., One Bowerman Drive, Beaverton, Oregon 97005 (the “Sponsor”). Sponsor reserves the right to cancel, terminate or modify the promotion if it cannot be operated, conducted or completed as planned, for any reason. This Promotion is in no way promoted, endorsed or administered by, or associated with, Instagram.
The Contest starts on or about 10:00 am (PST) on January 21, 2013 and ends at 5:00 pm (PST) on February 17, 2013 (the “Entry Period”). Entries submitted prior to or after the Entry Period will be disqualified.
Starting January 21, 2013, Jordan will be celebrating the iconic Air Jordan line by featuring each Air Jordan on a daily basis on Instagram. During the Entry Period, participants can enter to win that day’s featured Air Jordan by uploading a picture of their own (same model) Air Jordan to Instagram, tagging it with that day’s corresponding hashtag (#AJ1, #AJ2, #AJ3, etc.), hashtag #XX8DaysOfFlight and mentioning @jumpman23. Images submitted must be completely original, and must be posted the same calendar day (PST) as each shoe appears on the @jumpman23 Instagram (“Submissions”). Participants may submit one (1) new corresponding Submission each day during the Entry Period for a chance at winning that day’s featured Air Jordan. Submission content is up to the entrant to decide, but the more creative your Submission, the better.
Submissions are subject to the below Content Restrictions:
Content Restrictions: The Submission must NOT contain:
All Submissions must comply with these Official Rules, as determined in Sponsor's sole discretion, to be eligible. The Submission must be entirely original and authentic, created by the entrant, and the person in the photo must be the entrant. Submissions must not have been published previously or have been submitted in any other competition. The entrant must own all rights in and to the Submission. Sponsor has the sole discretion to determine whether a Submission is eligible. Any Submission that violates this section or is otherwise objectionable (as determined solely by Sponsor), will not be considered and will be disqualified.
By submitting a Submission, you grant the Sponsor the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Submission (with or without using the your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting a Submission, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Submission, or any derivative works, infringe any of your rights, including, without limitation, copyrights, moral rights. You further acknowledge that the Sponsor is in no way obligated to publish or use your Submission in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
A panel of Sponsor’s Judges will select a daily potential winner for each Air Jordan featured during the Entry Period (twenty-eight (28) total winners) based on originality, quality and creativity (“Judging Criteria”). The Submissions will be judged on a daily basis, but potential winners will not be notified until after the Entry Period has ended. The potential winners will be notified, on or about February 20, 2013, via a comment from @jumpman23 left on the original winning photo Submission, stating they have won. If a potential winner declines to accept the prize, does not respond within 24 hours of notification, cannot verify their eligibility or has violated any of these Official Rules, then an alternate entrant may be selected, at Sponsor’s discretion and if time permits, in his/her place from the remaining eligible Submissions based on the above Judging Criteria. Only two (2) alternate entrants will be selected, after which the prize will remain un-awarded. The decisions of the Judges are final.
Twenty-Eight (28) Winners will each receive their winning day’s featured Air Jordan shoe. This is an exclusive collection and all shoes are a size 10. Approximate retail value: $4,200 ($150 each Winner)
Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The Winner is responsible for any and all other costs and expenses not listed above. Prizes will be reported as income to a Winner and the Winner is responsible for taxes, if any, associated with the receipt of a prize.
Unless prohibited by law, entrants agree to allow use of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known without further compensation, permission or notification.
The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Contest; (b) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize according to the Judging Criteria from among the eligible entries received up to the time of the impairment. The 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 Contest 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 Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation.
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant agrees that the Released Parties have made no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any prize.
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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 (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
To obtain the name of the winner(s) or a copy of these Official Rules, send a self-addressed stamped envelope to: Air Jordan XX8 Days of Flight Contest, Jordan Marketing, One Bowerman Drive, Beaverton, OR 97005. Requests must be received within four (4) weeks of the conclusion of the Entry Period.
© 2013 NIKE USA, Inc. All rights reserved.