Terms and Conditions of Use
LAST UPDATED: January 1, 2015.
Changes to the Terms and Conditions
From time to time, these Terms and Conditions may change. Storelli reserves the right to modifythese Terms and Conditions without prior individual notice. We will post changes to the Terms and Conditions on this Website. By using this Website you agree to be bound by and comply with these modifications. Please review these Terms and Conditions often so that you will remain abreast of our current policies.
You can tell when the Terms and Conditions were last modified by checking the “last updated” date that appears at the top.
Use of this Website
By visiting and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
Storelli may terminate your right to access and/or use this Website at any time.
Use of Materials
Material on this Website, including but not limited to images, logos, User Content, trademarks, Works and the overall “look and feel” of the website (collectively referred to as the "Material"), is protected under various intellectual property laws and owned or controlled by Storelli, or used with permission of the owner(s) of such Material. The display of Materials at this Website does not imply that a license of any kind has been granted to you.
Storelli hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that:
- (i) your use of the Website as permitted is solely for your personal, noncommercial use;
- (ii) you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Storelli’s prior written authorization;
- (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and
- (iv) you will otherwise comply with these Terms and Conditions and applicable laws.
In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Storelli, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Promotions, Sweepstakes and Contests
On occasion Storelli, or certain partners or advertisers to this Site, may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.
From time to time, our website may contain links to other websites that are not controlled and or maintained by Storelli. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Storelli shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Storelli is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale or advertised on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations. Moreover, such other sites may have privacy policies or terms and conditions of use that differ from those of Storelli and/or may provide their users with less security than the Storelli site.
When you create an account, you will be asked to choose a password which you shall use toaccess the secure portion of the Website, and which may be required when you are seeking to participate in certain offerings of the Site. You are responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other visitor to the Site at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify Storelli immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.
You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Storelli’s management.
User Submitted Content
On certain sections of this site, you may be permitted to post, display and/or publish (“post”) comments, information, creative works (including but not limited to text, images, and/or photos) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Storelli has no responsibility for, and makes no representations with respect to, any User Content posted at this site and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this site (including but not limited to all copyright and right of publicity/privacy rights); (ii) such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated by this site; (iv) you will be responsible for all User Content submitted through your account, and for all purposes under these Terms and Conditions, all User Content submissions from your account shall be deemed to have beensubmitted by you.
Storelli does not monitor User Content. Storelli has no control over, and does not endorse, anyUser Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this site, in addition to all other rights it has under this Agreement, at law or in equity, Storelli reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user’s right to use this site.
Any public or private communications, including any User Content, sought to be posted at the site must conform, in the sole and exclusive opinion of Storelli, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the site; (ii) not be vulgar, derogatory, obscene, defamatory, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,”, “spimming” or “phishing;” (iv) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (v) not provide personal information, or solicit such information from any other user of the Site; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and contemplated by this Site.
User Content License
After posting your User Content on or through the website, you will continue to retain allownership rights in such User Content except as specifically set forth herein. However, by posting any User Content on or through the website, you hereby agree to abide by the Terms and Conditions of the website and grant to Storelli a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part, in connection with: (i) the website (and those of their approved partners); and (ii) Storelli’s (and its successors’, assignees’, parents’, subsidiaries’, affiliates’, distributors’ and licensees’) businesses and the redistribution of part or all of the website; in any media formats and through any media channels now known or hereafter developed, and the promotion of the website and Storelli and its related entities (collectively, the “Services”), and you hereby waive any and all moral rights you may have in such User Content. You also hereby grant each visitor to the website a non-exclusive license to access your User Content through the website, and to use, reproduce, distribute, display and perform such User Content as permitted by these Terms and Conditions. Further, you understand and agree that Storelli may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed. You understand that Storelli performs technical functions necessary to offer the website, including but not limited to transcoding and/or reformatting content to allow its use through the website. You agree that you will make no commercial use of any User Content obtained through this Site, without the express written agreement of Storelli.
You agree to indemnify, defend and hold harmless Storelli and its officers, directors, managers,members, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the site; (ii) your violation of these Terms and Conditions; and/or (iii) any User Content submitted by you to the site. You agree that your representations and warranties, and obligation to indemnify Storelli shall survive beyond any term that these Terms and Conditions are in effect.
Copyright Infringement Policy
Storelli values intellectual property and respects the intellectual property rights of others, andwill remove materials on its site that infringe the valid copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, § 512, you may notify Storelli in writing as follows:
Name of Designated Agent: Claudio Storelli
Address: Storelli Sports LLC
18 Bridge Street, Suite 4I
Brooklyn, NY 10021
Telephone number: 212-810-6670
Electronic Mail Address: email@example.com.
In your notice, you must include the following: (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed; (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials; (iv) contact information (i.e., name, address, email address) sufficient to enable Storelli to contact you; (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Certain pages or sections of this site may contain terms and conditions of use which are inaddition to or different from these Terms and Conditions of Use. In the event that there is a conflict between such additional terms and conditions of use and these Terms and Conditions of Use, the additional terms and conditions of use will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Use Disclaimer
Storelli is not responsible for any damages or loss related to the use of this site.
THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OROTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE AND/OR ITS FEATURES OR FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. STORELLI SPORTS LLC RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. STORELLI SPORTS LLC SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
STORELLI MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF STORELLI’S SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Storelli’s liability is limited to the greatest extent allowable under applicable law.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
By using this Website, you agree that you will be responsible for maintaining theconfidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
When you communicate with Storelli electronically, via email or otherwise, you consent toreceive electronic communications from Storelli. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Storelli satisfy any legal requirement that such communication be in writing. Storelli encourages you to retain your own copies of relevant information, however, upon your written request; Storelli will provide you with a copy of the information you provided to Storelli when creating your Member account. To make such a request please contact support@Storelli.com.
With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Storelli shall have no obligation to protect your communications from disclosure; (ii) Storelli shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation ; and (iii) Storelli shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that Storelli is involved in a merger, acquisition, consolidation, restructuring,reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that we out of business or enter bankruptcy, you hereby acknowledge and agree that this site and all of Storelli’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Storelli will post a notice to such effect on this website and/or by any other media or contact method as may be required by applicable laws and regulations.
U.S. Export Controls
Software from or related to this Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us at:
Storelli Sports LLC
18 Bridge Street, Suite 4I
Brooklyn, NY 10021
Use of this site and these Terms and Conditions shall be governed by the laws of the State ofNew York, without regard to its conflict of law provisions. Any dispute concerning your use of this site shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Storelli may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that Storelli believes that you have violated or threatened to violate any of Storelli’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions. No waiver by Storelli of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Storelli’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Copyright © 2015 Storelli Sports, Inc.. All rights reserved.
#InjuriesSuck Contest Official RulesBy entering this Contest, you agree you have read and accept these terms and conditions (“Official Rules”). We reserve the right to verify any Submissions and winners and may refuse to award prizes where we have reasonable grounds to believe that there has been a breach of these Official Rules. You can access these Official Rules at any time during the Contest at www.storelli.com. We suggest that you keep a copy of these terms for your own records.
1. SPONSOR: The Storelli Sports #InjuriesSuck Contest (“Contest”) is sponsored by Storelli Sports, Inc., located at 18 Bridge Street, Suite 4I, Brooklyn, New York 11201 (“Sponsor”). This promotion is not sponsored, endorsed, administered by, or associated with, Facebook, Instagram, or Twitter.
2. ELIGIBILITY: The Contest is open to legal residents physically residing in one of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Samoa, Guam, the U.S. Virgin Islands and any other U.S. territories and protectorates), who are 18 years of age or older at time of entry, or if under 18 years of age at time of entry have received all requisite consents and approvals from their parent or legal guardian, and are members of Facebook, Instagram, or Twitter. Employees of Sponsor, any parent company and/or subsidiary of Sponsor, any advertising, promotion and Internet agencies contracted by Sponsor and their immediate family members (including spouses, parents, siblings, children and their respective spouses) and/or those living in the same household of each are not eligible. In order to be eligible, entrants must follow these Official Rules and Sponsor’s participation and fulfillment requirements. All federal, state and local laws and regulations apply. Void where prohibited by law.
3. SUBMISSION PERIOD; HOW TO ENTER: Participants may enter this Contest beginning at 12:01 a.m. ET, July 22, 2015 and ending 11:59 p.m. ET, August 15, 2015. To enter, visit the Storelli Sports Facebook page (facebook.com/storellisports), Instagram page (instagram.com/ storellisports), or Twitter page (twitter.com/ storellisports) and follow the on-screen entry instructions. Entries are encouraged to describe, through their own words, pictures or videos, why “injuries suck” and detract from their enjoyment of, or participation in, soccer games, and, if applicable, to tag their submission with “#InjuriesSuck”. Each entry (a “Submission”) will automatically be included in the Contest, subject to eligibility. Submissions (and content contained therein) will not be acknowledged or returned. Limit one Submission per person per social media channel. Sponsor, in its discretion, reserves the right to disqualify any participant. False, deceptive or incomplete Submissions shall render a participant ineligible. Registration is free and there is NO PURCHASE NECESSARY to participate. Normal time rates, if any, charged by Internet Service Providers apply.
4. PARTICIPANT REPRESENTATIONS AND WARRANTIES: By participating in the Contest, each participant represents and warrants that: (i) the content of his/her submission is original to him/her, has not been previously published or won any award, does not contain any material that would violate or infringe upon the rights of any third-party, including copyrights (including, without limitation, copyrighted images or text), trademarks or rights of privacy or publicity; (ii) his/her submission is not obscene, defamatory, and does not violate any applicable law, rule or regulation; (iii) no use of the submission by Sponsor or its affiliated entities, successors, assigns and licensees (as set out in these Official Rules) shall cause Sponsor or its affiliated entities, successors, assigns and licensees, to infringe the rights (including the intellectual property rights) of any third party; (iv) he/she has all the rights necessary to grant the rights to Sponsor set out above, including but not limited to the written consent of the parent or guardian of any child whose image is included in the Submission, for such child to be photographed and included in the Submission and for the Submission to be submitted to the Contest and used by Sponsor (and its affiliated entities) for all other purposes set out in these Official Rules (including for advertising purposes); and (v) he/she is 18 years of age or older at time of entry, or if under 18 years of age at time of entry has received all requisite consents and approvals from his/her parent or legal guardian. Each participant must be able to provide, on request of the Sponsor, all appropriate clearances, permissions and releases for his/her submission, including releases from anyone who assisted in the creation of the submission and/or any parent or guardian, as applicable. In the event any participant cannot provide all required releases, the Sponsor reserves the right, in the Sponsor’s sole discretion, to disqualify the applicable submission. Participant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements herein.
5. RIGHTS IN AND TO SUBMISSIONS: By entering the Contest, each participant hereby grants Sponsor, and its affiliated entities, successors, assigns and licensees, a perpetual, irrevocable, worldwide right and license to edit, publish, copy, reproduce and use his or her submission (or any element thereof) throughout the universe, in any and all media (including print and online) now known or hereafter developed, for advertising, marketing, promotional and/or news purposes, without any payment or remedy of any type to participant or any other third party. Participants may have what are known as “moral rights” in his/her submission (for example, the right to be named as the creator of his/her submission and the right to not have the work subjected to derogatory treatment). Each participant hereby agrees to waive any such moral rights they may have in their submissions to the fullest extent permitted by law.
6. WINNER SELECTION: There will be one (1) winner chosen from all Submission postings across all social media sites (whether on the Storelli Sports Facebook page, the Storelli Sports Instagram page, the Storelli Sports Twitter page or otherwise), and there will not be separate winners for particular social media sites. Storelli Sports staff will take up to four (4) weeks to look at and review all qualified Submissions.
The Contest winner will be chosen by Storelli Sports staff from all eligible Submissions based on relevance to the “Injuries Suck” theme, originality, creativity, video/image quality, messaging and overall design. The winner will be chosen and announced on or prior to September 15, 2015. To be eligible, the winner must have clicked “Like” on the Storelli Sports Facebook page, or follow Storelli Sports on Twitter or Instagram prior to selection in order to be eligible. The Sponsor’s decisions are final on all matters relating to this Contest. Odds of winning depend on the number of eligible Submissions received. The Contest winner will be notified via Facebook message, Twitter Message, and/or Instagram post. Failure to respond to the notification within 48 hours will result in disqualification and an alternate winner being selected, if deemed necessary by Sponsor. As a condition of receiving a prize, the Contest winner may be required to complete and sign an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form and, where permitted by law, a publicity release. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from the initially chosen Contest winner within 48 hours of notification, or the Contest winner declines the prize or fails to meet eligibility requirements, such Contest winner will be disqualified and the prize will be forfeited or awarded to an alternate Contest winner, if deemed necessary, at the sole discretion of Sponsor. Prizes will be mailed to the address provided by the Contest winner within four (4) weeks of winner verification. Return of any prize or prize notification as undeliverable will result in disqualification of the potential winner and an alternate winner will be selected based on the criteria stated herein.
7. PRIZE: The Contest winner who meets all eligibility requirements will receive head-to-toe protective apparel products from Storelli Sports (i.e., one HeadGuard, one upper/mid body protective apparel product, one low body protective apparel product, and one LegGuard, as selected by Sponsor) for himself/herself and for ten (10) of his/her teammates or friends, up to a total prize value of $2,500. The winner will be responsible for specifying his or her requested size(s), and the actual product mix will be chosen by Sponsor in its sole discretion. All prizes will be mailed to the winner (and not to any friends or teammates) at his or her designated address. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. All federal, state and local taxes are the sole responsibility of the winner of the Contest. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner.
8. DISCLAIMER AND RELEASE OF LIABILITY: EACH PARTICIPANT AND WINNER AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND EACH OF ITS RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, AND EACH OF FACEBOOK, INSTAGRAM AND TWITTER (COLLECTIVELY “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH OR PARTICIPATION IN THE CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE, MISUSE OR NON-USE OF ANY PRIZE ELEMENT OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, MERCHANDISE DELIVERY, AND/OR BREACH OF ANY WARRANTIES, REPRESENTATIONS OR AGREEMENTS HEREIN. PARTICIPANTS AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE PRIZE AND/OR THE CONTEST, AND UPLOADING TO, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED US$5.00.
WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZE ELEMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR THESE OFFICIAL TERMS AND CONDITIONS OR IN THE ANNOUNCEMENT OF ANY PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INABILITY ON THE PART OF THE WINNER OF A PRIZE TO REDEEM THE PRIZE AS SCHEDULED DUE TO WEATHER CONDITIONS, FIRE, NATURAL DISASTER, INDUSTRIAL OR LABOR DISPUTE, WAR, TERRORIST ACTIVITY, HOSTILITIES, POLITICAL UNREST, RIOTS, CIVIL COMMOTION, OR ANY OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE RELEASED PARTIES.
CERTAIN JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR PROHIBIT WAIVERS AGAINST FUTURE FRAUD, AND ACCORDINGLY, SUCH LIMITATIONS OR WAIVERS MAY NOT APPLY TO ALL PARTICIPANTS. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW
9. GENERAL CONDITIONS: Sponsor is not responsible for any typographical or other error in the printing of the Contest or in the announcement of the prize. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof. Sponsor is not liable for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Contest. Sponsor reserves the right in its sole discretion, but shall not be obligated, to cancel, modify or terminate the Contest if for any reason the Contest cannot be executed as planned, including but not limited to fraud, misconduct, computer virus, bugs, unauthorized intervention, tampering, transmission failures, technical failures or any other causes beyond the control of Sponsor that may affect or corrupt the integrity, administration, fairness, or security, or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE SPONSOR’S OR ANY OTHER WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Sponsor reserves the right to void all submissions made through the use of any robotic, automatic, programmed or similar entry methods and to disqualify and prosecute any individual using such a method. In the event of a dispute regarding any Submission, the Submission will be deemed made by the authorized account holder of the e-mail address submitted at the time of Submission (i.e., the person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address). Sponsor reserves the right, in its sole discretion, to cancel or suspend this promotion should a virus, bug, or other causes beyond the control of the Sponsor corrupt the administration, security or proper operation of the Contest. In the event of termination, a notice will be posted on-line through social media to announce termination of contest. Sponsor reserves the right to modify the Contest or disqualify any participant if fraud, misconduct or technical failures destroy the integrity of the Contest, as determined by Sponsor in its sole discretion.
10. SOCIAL MEDIA: This Contest is not sponsored, endorsed or administered by Facebook, Twitter, Instagram or any other social media platform. All information submitted by participants is submitted to the Sponsor, not to Facebook, Twitter, Instagram or any other social media platform. All Submissions must comply with any and all terms, guidelines and policies of Facebook, Twitter, Instagram and any other applicable social media platform. The Sponsor shall not be responsible for any decision(s) by Facebook, Twitter, Instagram or any other social media platforms, including but not limited to the removal of any Participant’s posts or deactivation of any Participant’s social media account.
11. GOVERNING LAW; JURISDICTION; ARBITRATION: This Contest will be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Each Participant waives all rights to trial by jury in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or another arbitration organization as selected in Sponsor’s sole discretion. Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, to the fullest extent permitted by law. The arbitration shall be conducted in New York, New York, to the fullest extent permitted by law. Each party shall bear its own fees, expenses and costs. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the City, County and State of New York. The parties agree not to raise the defense of forum non conveniens (inconvenient forum).
12. SEVERABILITY. If any provision of these Official Rules is held to be invalid of unenforceable, all remaining provisions will continue in full force and effect.
13. WINNER’S LIST: To request the winner’s name and country/state, please send a self-addressed stamped envelope for receipt after September 15, 2015 and no later than December 31, 2015 to: Storelli Sports, Inc., #InjuriesSuck Contest Winners, 18 Bridge Street, Suite 4I, Brooklyn, New York 11201. The winner’s name may also be posted on www.storelli.com, Facebook, Instagram, and Twitter following completion of the Contest.