Official Rules

Official Rules

 

 

ADIDAS MOVES PULSE CONTEST | OFFICIAL RULES

To enter this Contest, you (if you are a minor in your jurisdiction of residence, your parent or legal guardian) must agree to and abide by these Official Rules.

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

This promotion is in no way sponsored, endorsed or administered by, or associated with any learning institution. Any questions, comments or complaints regarding the Promotion are to be directed to Coty US LLC. OBJECTIVE: adidas Pulse is looking for American high school students to show their best “Moves”; adidas Pulse is looking for students to submit a video of themselves or a team/squad from their school performing/executing their best “Moves”.

1. Sponsor: Coty US LLC, 1 Park Avenue, 4th floor, New York, NY 10016.

 

2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.

 

3. Eligibility: The “adidas Moves Pulse Contest” ("Contest") is open only to legal residents of the 50 United States and the District of Columbia, who are at least 13 years of age at time of entry who attend high school in the U.S. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Coty US LLC, LeadDog Marketing Group, iris USA Inc., any organizations responsible for sponsoring, fulfilling, administering, advertising, judging or promoting the Contest, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win a prize.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of eligibility upon request prior to prize award. Void outside of 50 U.S./D.C., and where prohibited by law.

 

4. Contest Entry: The Contest begins on or about 12:00:01 am ETon 9/15/10 and ends 11:59:59 pm ET on 12/12/10 (“Promotion Period”). Administrator’s computer is the official clock for this Contest. To enter, go to www.pulsefragrance.com and click on the icon that will take you to “The adidas Moves Pulse Contest”

 

Step 1 (Registration):

If you are returning to www.pulsefragrance.com, log-in using your username/password. If you are visiting www.pulsefragrance.com for the first time, create a username/password profile to register, or log-in using Facebook Connect. (Note: You are solely responsible for the security of your password.) Once a profile is created and you have registered, you will only need to log-in to participate during future visits. To create a profile and register, you will be asked to provide your full name, e-mail address, birth date, team name, city, state, school name, video title and description of video. You must also submit the name and email address of a teacher/coach/parent/legal guardian that can confirm your enrollment at your school. Before registering, be sure to carefully review the Terms of Use of www.pulsefragrance.com. DO NOT PROCEED WITH REGISTRATION OR OTHERWISE USE THE WEBSITE IF YOU DO NOT AGREE TO THE TERMS OF USE.

 

You may be asked to consent to receive promotional e-mails and reminder e-mails from the Sponsor. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest and does not improve your chances of winning. For further information, please see our privacy policy (http://www.coty.com/privacy_policy.html).

           

Step 2 (Submission of Video):

Entrant’s video must show either the Entrant or Entrant’s team/squad performing their “Moves”. All persons in the video must be 13 years of age or older and be currently enrolled as a student in a high school in the United States at time of submission. Upload a video three (3) minutes in length or less in either Windows Media, QuickTime, MP4, MPEG, 3GP or AVI file formats for online entry. Video file cannot exceed 50MB in size. VIDEO MUST BE SOLELY THE ORIGINAL WORK OF THE ENTRANT OR THE ENTRANT MUST HAVE BEEN ASSIGNED (AND BE ABLE TO DEMONTRATE SUCH ASSIGNMENT IN WRITING) ALL RIGHT, TITLE AND INTEREST IN AND TO THE WORK FROM THE CREATOR(S)/OWNER(S) OF ANY RIGHT, TITLE OR INTEREST IN OR TO THE WORK; THE ASSISTANCE OF OTHERS WHO DO NOT APPEAR IN THE VIDEO, INCLUDING BUT NOT LIMITED TO TEACHER(S)/COACH(ES) OF TEAM/SQUAD IS PROHIBITED.

 

Entry Parameters: Once an Entry is submitted it cannot be changed, altered or modified, and becomes the sole property of Sponsor and will not be returned. ENTRIES MUST NOT CONTAIN ANY DANGEROUS STUNTS, VIOLENT ACTS OR ANTI-SOCIAL BEHAVIOR OF ANY KIND. Entries (i) must be the original and sole creation of the entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant, (ii) may not have been submitted in any other competition, (iii) may not have been published (including online on social media websites), (iv) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light, (v) may not violate any law, rule or regulation, (vi) may not contain any virus, bugs, or other deleterious material, and (vii) may not, for example but not limited to, contain, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, group or world peace; and each entrant warrants and represents that his/her Entry complies with all of those conditions. DO NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION (E.G., NAMES & EMAIL ADDRESSES) IN VIDEO AS THEY WILL BE POSTED ON-LINE FOR PURPOSES OF CONTEST PARTICIPATION. Entries cannot contain, among other things, the trademark, tradename or logo of any third party or entity or product (including but not limited to the trademark, tradename or logo of any product competitive withany adidas product), cannot name, or describe any person (living, dead, or fictional) other than the Submitter and Nominee, and cannot contain any material that is protected by copyright. Any non-complying Entry with any of the above will be subject to disqualification.

 

By entering, Entrant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from the publishing of his/her entry and/or use of the entry.

 

VIDEOS:  Do not include any names, logos, trademarks (other than adidas) or other content/property not owned solely by you in your video. Video must not have been submitted to any other competition or contest or have been published elsewhere. Video cannot contain any music. If Sponsors determine, in their sole discretion, that video is inappropriate, indecent or unfit for publication, or that entry or video may violate the rights of any third party, such entry will be disqualified.

 

Steps 1 and 2 must all be completed in the same Internet session.  Partial submissions will NOT be accepted.

 

Entrant releases and agrees to hold harmless Sponsor from any and all liability associated with posting video, including his/her express acknowledgment that (a) the video may differ from the video entry as submitted due to technological limitations/malfunctions/errors or other cause; (b) Sponsor may accompany a video with comment/commentary in its sole discretion;  and (c) videos may be posted in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in Sponsor’s sole discretion.  Posting of a video does NOT constitute any representation by Sponsor that such entry is eligible for the Contest; and, if after such posting, Sponsor determines in its sole discretion that the entry is not in full compliance with these Official Rules or if the entrant is not eligible pursuant to these Official Rules, the entrant submitting such entry and link to entry (if appropriate) will be disqualified.

 

Videos will be governed by the Terms of Use of the Coty US LLC regarding use of “solicited submissions” (For Coty US LLC complete Terms of Use, direct your Internet browser to http://www.coty.com).

 

SUBMITTED VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.  SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF VIDEOS AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF VIDEOS.      

 

Carefully read the Official Rules then, click the check boxes signifying that you have read, fully understand and agree to these Official Rules and confirm that you have all rights in the Entry as set forth in these Official Rules by placing check marks in the provided boxes.  Click the Submit button to send your Entry.

 

IF YOU DO NOT CHECK THE BOXES INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES YOU WILL NOT BE ELIGIBLE TO ENTER THE CONTEST AND YOUR SUBMISSION WILL NOT BE CONSIDERED AS BEING THE TOP “MOVES.”

 

Limit one entry per person per email address during the Promotion Period. Multiple entries in excess of the stated limitations or mass entry attempts by any method may result in disqualification of all entries by such person/email address. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, is prohibited. Entries must be received and recorded by the Administrator’s computer by 10/22/10 to be eligible to win. Entries that do not conform to these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified.

 

5. Rights:

By submitting an Entry, each Entrant (if a minor, his/her parent or legal guardian) acknowledges and agrees that if the Entry is determined to be a Prize winner, by acceptance of a prize, each winning Entrant  (if a minor, his/her parent or legal guardian) grants to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license (under all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised (collectively, the “License”) The rights granted pursuant to the License shall also include, without limitation, the right to:  (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof.  Each Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each Winner (and the winner’s parent/legal guardian if the winner is a minor) irrevocably sells, assigns and transfers to Sponsor all of Winner’s right, title and interest in and to winner’s Entry, including but not limited to all copyright and trademark rights, and waives all rights of droit moral in favor of Sponsor,  which Winner may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, each Winner (and the winner’s parent/legal guardian if the winner is a minor) shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the subject Entry and of the copyrights, and trademarks transferred, and all rights of droit moral waived.  Should Sponsor fail to request the said additional instrument of sale, transfer and assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request that instrument, and the stated winner (and the winner’s parent/legal guardian if the winner is a minor) agrees to honor and comply with such request. 

 

Without limiting any of the foregoing grants or rights, by submitting an Entry, and without limitation of any other rights granted, each Entrant  (if a minor, his/her parent or legal guardian) grants permission to the Rights Holders to use the Entrant’s name, likeness, voice, Entry (whether or not Entrant is a Prize winner), prize information and/or biographical information for trade, publicity and promotional purposes without consideration, review or approval, to the fullest extent permitted by law. Each Entrant (if a minor, his/her parent or legal guardian ) agrees that Rights Holders may, without notice or consideration to Entrant (if a minor, to his/her parent or legal guardian), sublicense or otherwise transfer any or all of the rights granted hereunder (including, without limitation and if applicable, the License) to any third party.

 

Entrants (if a minor, his/her parent or legal guardian) waive any so-called “moral rights” in connection with Entry and shall not have any right of approval as to any rights exercised by the Rights Holders.

 

6. Judging/Winning:

Judging will be conducted in two stages. Stage 1 (Finalist Determination): All Eligible Entries received and recorded during the Promotion Period will be  judged by a panel of judges selected by the Sponsor, as well as posted at the Web site for a public vote. Eligible Entries will be judged by the panel of judges based on the following criteria: (a) 40% available for originality and, (b) 40% available for execution.Eligible Entries will be posted at the Contest Website for public viewing and voting with 20% available based on Public Voting beginning when the Entry is uploaded to the Contest gallery and ending at 11:59:59 p.m. ET on 10/29/10. Submissions will not be accepted after 10/22/10. Sixteen (16) Finalists will be determined by adding total judging score for each Entry to the voting score for that Entry to determine the Entry’s final point score. The sixteen (16) Entries with the highest final point scores will be deemed the Finalists, subject to verification and compliance with these Official Rules. In the event of a tie, an additional judge will be added to the panel to review the tied entries based on the judging criteria specified herein, but excluding the voting score. Should a tie continue, one new judge will be appointed to judge the tied Entries using only the judging criteria (and again excluding the voting score). Decisions of the judges are final and binding in all respects as regards the judging. In addition to the sixteen Finalists, the top two hundred and fifty (250) entries will be deemed Runner-up winners. Stage 2 (Finalist Bracket): Beginning on 11/15/10 the Finalist Entries will be posted to the Web site for public voting. Finalist Entries will be paired off randomly in a tournament bracket format in pairs. The Finalist whose entry receives the highest number of votes for each pair (as tabulated by Contest Administrator) during each voting round will be deemed the round winner (for schedule of each voting round see chart below). In the event of a tie, the winning entry will be selected by the entry with the highest number of unique votes. The winner of the Final Voting Round will be deemed the Grand Prize winner. Limit of one vote per person or e-mail address per day for each public voting period. A day begins at 12:00:01a.m.ET and ends the following 11:59:59pm ET. Votes cast by macro or robotic system or any means designed to gain an unfair advantage or impugn the integrity of the Contest are subject to disqualification in the Sponsor’s sole discretion.

 

Finalist Voting Round Schedule

Finalist Voting Round

Start Date

End Date

Round #1

12:00:01 am ET on 11/15/10

11:59:59 pm ET on 11/21/10

Round #2

12:00:01 am ET on 11/22/10

11:59:59 pm ET on 11/28/10

Round #3

12:00:01 am ET on 11/29/10

11:59:59 pm ET on 12/5/10

Round #4

12:00:01 am ET on 12/6/10

11:59:59 pm ET on 12/12/10

 

7. Prizes, Approximate Retail Values ("ARV"):

 

RUNNER-UP PRIZES (250 winners): Each winner will receive a bottle of Adidas Pulse fragrance. ARV: adidas Moves Pulse Him 1.7oz/50ml $26.00 and adidas Moves Pulse Her 1oz/30ml $25.00, Manufacturer’s Suggested Retail Price 

 

FINALIST PRIZES (16 winners): Each Finalist (including the Grand Prize winner) will receive five (5) Adidas Pulse holiday gift sets for them and their team/squad members. ARV: $100.00 each.

 

GRAND PRIZE (1 winner): The Grand Prize winner will receive a $1,000.00 adidas.com gift certificate and $15,000.00 cash for the Entrant’s school to be awarded in the form of a check payable to the Grand Prize winner’s school. ARV: $16,000.00 

 

Total ARV of all prizes: $23,850.00. Any costs and incidentals not specified herein are the winner’s sole responsibility. No member of Grand Prize winning team/squad can claim any charitable deduction or other tax benefit in conjunction with Sponsor’s $15,000 donation to their school. Gift certificates are subject to terms and conditions thereon. Distribution of any portion of prizes to team members shall be at the sole discretion of winners. No substitution, cash redemption or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If prize winner cannot accept the prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. Alternate winner will be the Entrant with the next highest score. Federal, state and local taxes, if any, are the sole responsibility of the winner.

 

8. Winner Notification:

Potential Finalists will be notified by e-mail and/or mail, or by such other method as solely determined by Sponsor on or about 11/1/10. In order to remain eligible, Finalists must sign and return by 1:00 pm ET on 11/5/10, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law. Failure to respond to the initial notification as directed in the notification within 3 business days after notification or return of notification as undeliverable after 2 attempts will result in disqualification. If the Affidavit of Eligibility, Liability Release and Indemnification and Publicity Release document is not returned to Sponsor within specified time period, or if a notification or prize is returned as non-deliverable or if a potential Finalist is found to be ineligible or otherwise not in compliance with these Official Rules , potential Finalist may be disqualified. If potential Finalist is disqualified for any reason, an alternate Finalist will be selected from remaining eligible entries in accordance with Finalist determination stated in these Rules. Any dispute concerning the identity of any entrant will be resolved by Sponsor/Administrator in their sole discretion. If Finalist is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, Finalist’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of Finalist, both on behalf of himself/herself and Finalist, or prize may be forfeited and an alternate winner selected.







Released Parties (as defined below) are not responsible for lost, late, incomplete, stolen, misdirected, illegible registrations, videos,  or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or cell phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of registration, Entry, video or other information, or the failure to capture, or loss of, any such information. If for any reason the Contest is not capable of running as planned, as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. In such event, Sponsor shall conduct the Contest and award the Contest prizes in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Contest will be posted on the Web site. The right is reserved by Sponsor to disqualify the team/squad of any individual who is found, at Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Contest or Web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure (whether wireless or Internet), theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry/video to be received (or the incorrect or inaccurate capture of registration, entry, video or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Web site, or any combination thereof. Released Parties are not responsible for any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Contest. Further, Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion.







Entrants further agree not to damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

  1. Conditions and Limitations of Liability: By participating, entrants (and each entrant’s teacher/coach/parent/legal guardian if entrant is a minor) agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Contest Administrator, and judges regarding the judging of Entries, which shall be final and binding in all respects. By participating in this Contest, entrants (and each entrant’s parent/legal guardian if entrant is a minor) agree to release and hold harmless Coty US LLC, LeadDog Marketing Group, iris USA Inc., the Entry judges, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, the "Released Parties") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, or infringement upon any third party’s rights, (including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or inclusion of material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light)arising in any manner, directly or indirectly, in whole or in part from participation in this Contest, or any Contest related activity, or breach or failure of any warranty or representation,and/or acceptance, possession, misuse or use of any prize(s).By accepting a prize, prizewinners (and each winner’s parent/legal guardian if winner is a minor) authorize the Sponsor, and those acting pursuant to the Sponsor’s authority to use their names, voices, likeness, photographs, prize information, biographical data and city and state of residence in any media know known or hereafter discovered, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in advertising, trade and/or promotional material or on a winner's list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. 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 obligation or compensation.





TO THE EXTENT PERMITTED BY LAW, SPONSOR AND ADMINISTRATOR MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (THE PRECEDING EXCLUDES ANY EXPRESS WARRANTY PROVIDED BY SPONSOR ON ITS PRODUCTS, WITH THE UNDERSTANDING THAT SUCH EXPRESS WARRANTY SHALL BE LIMITED BY ITS TERMS.)

 

IN NO EVENT WILL RELEASED PARTIESBE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE (www.pulsefragrance.com) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

10. Disputes:Arbitration/Choice Of Law:

Except where prohibited, entrants (and entrant’s parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) 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 (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/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.

 

11. Privacy Policy:

The entry information provided is subject to the Privacy Policy on http://www.coty.com/privacy_policy.html. To read that Policy, access the www.pulsefragrance.comWeb site and then click on the Privacy Policy link.

 

12. Winners List:

For the names of the prize winners, mail a self-addressed, stamped envelope to: “Adidas Moves Pulse Contest Winners”, c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001, to be received no later than 1/18/11.