Brooks "Run Happy Cavalcade of Curiosities" Promotion

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCLUDING GUAM, PUERTO RICO AND ALL OTHER U.S. AND FOREIGN TERRITORIES AND POSSESSIONS), 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.

The Brooks "Run Happy Cavalcade of Curiosities" Promotion (the "Promotion") begins at 12:00:01 a.m. Pacific Time (PT) on June 1, 2010, and ends at 11:59:59 p.m. PT on December 7, 2010 ("Promotion Period"). There will be daily Instant Win Game prizes available to be won throughout the Promotion Period. All Instant Win Game entrants will also receive one automatic entry for the chance to win the Grand Prize drawing for each day they participate in the Instant Win Game.

  1. ELIGIBILITY: Promotion is open to legal residents of the 50 United States or District of Columbia, 18 years of age or older at the time of entry or game play. Void in Puerto Rico, and all other U.S. and foreign territories and possessions, and wherever else prohibited or restricted by law. Employees of Brooks® Sports, Inc., ("Sponsor"), Berkshire Hathaway Inc., The Great Society, LLC, participating prize partners, their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and Marden-Kane, Inc., and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, are not eligible to enter. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with this Promotion in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in the Promotion. This Promotion is subject to all federal, state, and local laws.

  2. HOW TO ENTER: Go to: www.runhappy.com to enter the Promotion. Consumers are required to complete official registration form with following information: full name, street address, city, state, Zip code, email address and date of birth. Registered consumers are eligible to play for a chance to win a daily instant win prize throughout the Promotion Period when they visit www.runhappy.com and are directed to a game play page. Consumers will also receive one (1) automatic entry into the Grand Prize drawing for each day they play the Instant Win Game ("IWG"). There is a limit of one (1) IWG play per person and per email address per day with a limit of one hundred ninety (190) IWG plays per person and per email address throughout the entire Promotion Period. For purposes of this Promotion, a "day" is defined as a 24-hour period, beginning at 12:00:01 a.m. PT, and ending at 11:59:59 p.m. PT. All Instant Win Game prize claims are subject to verification of eligibility, confirmation, and compliance with these Official Rules. Multiple Game participants are not permitted to share the same email address.

    Mechanically reproduced, illegible or incomplete entries will not be eligible. All entries must be submitted in the name of an individual person and prizes can only be awarded to the person whose name is listed on the entry. Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error, or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, stolen, late, or misdirected, entries. All entries become the property of Brooks Sports, Inc., 19910 North Creek Parkway, Suite 200, Bothell, WA 98011, and will not be acknowledged or returned.

  3. INSTANT WINNER NOTIFICATION AND VERIFICATION: Participants of the daily IWG will receive either a "Congratulatory" or "Sorry" message after spinning the wheel for that day. If given a Congratulatory message, the Winners of a daily Instant Win Game prize will be asked to verify shipping and email addresses, along with their size (if being awarded a clothing prize) for the purpose of determining eligibility and for prize fulfillment. Daily Instant Win Game prizes that go unclaimed will not be awarded. Any prize won by a person deemed a minor in his/her state of residence will be awarded in the name of a parent/legal guardian.

  4. GRAND PRIZE DRAWING: The Grand Prize Drawing will be conducted on or about December 15, 2010, from among all eligible entries received. A participant is automatically entered in the Grand Prize Drawing once per day each time they complete and submit the Online Entry Form during the Promotion Period. Decisions of the judges will be final and binding on all matters relating to this Promotion. Odds of winning a Grand Prize depends upon the total number of eligible entries received during the entire promotion period. Potential Grand Prize Winners will be notified by email and/or telephone and/or mail. Grand Prize Winners will be required to sign an affidavit of eligibility, liability/travel release and where legal, a publicity release along with a W-9 Miscellaneous Tax Form, and return same, properly executed, within seven (7) days of issuance of notification. Failure to return all documents as specified, prize notification being returned as undeliverable, or potential winner not complying with any terms of these Official Rules will result in the participant being disqualified, and the prize may be awarded to a potential alternate winner. Upon disqualification, no compensation will be given. If Grand Prize is won by a person deemed a minor in his/her state of residence, prize will be awarded in the name of a parent/legal guardian who must sign and return all required documentation as outlined herein.

  5. PRIZES:
    TWO (2) GRAND PRIZES: A Trip for winner and guest to attend a 2011 Rock & Roll Marathon of winner’s choice including roundtrip Coach air transportation for two people from major airport nearest winner's home, hotel accommodations for 4 nights with hotel determined by Sponsor in its sole discretion (single room, double occupancy), entry to the race, VIP credentials and gear packages for race (includes shoes, shirt, jacket & pants), Approximate Retail Value (ARV): $2,900 each prize.

    Travel plans are subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be at least eighteen (18) years of age or older as of the date of departure, or a child of the winner and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/travel releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal approximate retail value or comparable use for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. In addition, the winner and his/her travel companion are responsible for providing government issued photo identification in order to travel as well as travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

    735 INSTANT WIN GAME PRIZES:

    There are a total of 735 daily prizes available to be won instantly during the Promotion Period. Odds of winning any Daily Instant Win Game Prize depend upon the number of prizes being offered for that day and total number of registered participants who play the game on that day. As noted below, each day of the week during the Promotion Period, a specific prize will be available to be awarded. The total number of individual prizes to be awarded during the Promotion Period are as follows:

    Instant Win Game Prizes Available:

    The total ARV of all instant win game prizes available to be won is: $31,056. The total ARV of all prizes to be awarded during the entire promotion is: $36,856. All other costs not specifically stated herein, including, but not limited to taxes, are the responsibility of the winner. Prizes are non-transferable, and no substitutions or cash equivalents allowed, except at the discretion of the Sponsor.

  6. CONDITIONS OF ENTRY: Limit one Instant Win Game Prize per person and per email address per day. Proof of transmission (screenshots or captures of Game Play, etc.) does not constitute proof of winning status/delivery. Use of any automated entry software or robotic activity used to register for or participate in the Promotion is prohibited. Electronically reproduced, indecipherable, incomplete, or inaccurate entries are void. By participating, participants agree to comply with these Official Rules including all eligibility requirements. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder of the email address from which the entry is made. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the case of a minor, the potential winner’s parent or legal guardian may be the authorized account holder. Brooks Sports, Inc., Berkshire Hathaway Inc., affiliates, subsidiaries, divisions, advertising and promotion agencies, The Great Society, LLC, Marden-Kane, Inc., and all of their officers, directors, shareholders, employees, representatives, and agents (collectively "Releasees") are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, inability to submit the online registration form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this promotion, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Administrators’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Promotion, or if any virus, bug, or any other technical difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Promotion, the Administrator reserve the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Promotion, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. Caution: Any attempt by a participant or any other individual to deliberately damage any online service or Web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.

  7. GENERAL CONDITIONS: No more than the listed number of daily Instant Win Game prizes will be awarded. In the event of an error, or for any other reason, the number of winning Game play notifications for any Instant Win Game prize level exceeds the number of Instant Win Game prizes listed for that prize level, Sponsor reserves the right to conduct a random drawing from among eligible prize claims received to award the listed number of prizes. By accepting a prize, winner consents to the use of his/her name, city, voice, comments and/or photograph for promotional purposes by Sponsor, and its designees, including but not limited to the posting of winner’s name on Brooks Sports Web site, in a Winners List, mass email, or other online announcements, without additional compensation, except where prohibited by law. Decisions of the judges will be final and binding on all matters relating to this Promotion. Participants release and hold harmless Sponsor, Berkshire Hathaway Inc., The Great Society, LLC and their participating prize partners, their respective parent companies, affiliates, subsidiaries, agencies, Marden-Kane, Inc., and their respective employees, officers, directors, and shareholders from any claims, actions, injury, loss, or damage of any kind resulting from participating in this Promotion or from the acceptance or use of any prize awarded. U.S. laws govern this Promotion.

  8. PRIVACY: Any entry information collected from the Promotion shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy which can be found at http://www.brooksrunning.com/Help/Privacy+Policy/. The entry information is shared with the administrator for the sole purpose of the selection, notification, and the fulfillment of the prizes.

  9. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of Washington, without giving effect to any choice of law or conflict of law rules (whether of Washington, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in Washington.

  10. WHO WON: For the name of the Grand Prize winners, available after 12/27/10, please access: http://www.runhappy.com.

  11. SPONSOR & ADMINISTRATOR: Sponsor: Brooks® Sports, Inc., 19910 North Creek Parkway, Suite 200, Bothell, WA 98011. Administrator: Marden-Kane, Inc., 11 N. Skokie Hwy, Ste 109, Lake Bluff, IL 60044.

Brooks Sports, Inc. is not an official partner of all registered brands being offered as prizes. All brand and product names being offered as prizes in this Promotion are registered trademarks of their respective owners. Prize suppliers may not be sponsors or participating partners of this Promotion.

© 2010 Marden-Kane, Inc. All rights reserved. Sweepstakes entrants are hereby authorized to copy these official rules on the condition that it will be for the entrant’s personal use and not for any commercial purpose whatsoever.