The Fila® “How Do You Fila? Model Contest (II)” (“HDYF” or, alternatively, the “Contest”) is a contest of skill sponsored by Fila Online, Inc. and its participating affiliates (“Fila”) that provides a FREE opportunity for individuals to showcase their abilities and affection for the Fila brand visually.  Participation in HDYF is subject to these Official Rules and the Terms.  For purposes of the foregoing, “Terms” shall mean, collectively, Fila’s general corporate policy, privacy policy and terms of use posted at www.fila.com.  In the event of a conflict between these Official Rules and the Terms as applied to HDYF, the terms and conditions of these Official Rules shall govern.

To Participate as an Entrant in HDYF

You may not participate in this Contest in the event you do not agree, or cannot comply, with the terms and conditions of these Official Rules or if you are under contract with (i) any modeling agency, (ii) any major publishing company, or (iii) any third party who or which might interfere with your ability to perform for or to enter into agreements with Fila.  In the event none of the foregoing applies to you, to participate in HDYF, you must be 18 years of age or older, a U.S. legal resident, and you must follow these steps:

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS CONTEST. 

1. Register online at www.howdoyoufila.com (the “Contest site”).
2. “Accept” the terms and conditions of these Official Rules after reading through all of the rules.
3. Have one or more photographs of you taken, without anyone else in the photographs, wearing one or more items of Fila apparel, footwear or accessories that you owned prior to the “Contest Start Date” (defined below).  The Fila logo should be visible.
4. Have a photograph taken of the Fila logo as it appears on the apparel, footwear or accessory item reflected in each photograph of you.
5. Confirm that all photographs comply with these Official Rules.
6. Create a descriptive caption that describes “how do you Fila?” to go with each of your online photos.
7. Upload your photos and descriptive captions according to the online instructions.

Following its review all entries, Fila will post all new, acceptable entries to the Contest website at or about noon everyday.  Entrants will be sent an email notifying them that their submission has been reviewed and was accepted or rejected.

To Participate as a Voter

You may not participate in this Contest as a voter in the event you do not agree, or cannot comply, with the terms and conditions of these Official Rules.  To participate as a voter, you represent and warrant that you are 18 years of age or older. Your registration may be terminated without warning if Fila believes that you are under 18 years of age. In the event you comply with the foregoing, to participate as a voter in HDYF, simply follow these steps:

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THIS CONTEST.

1. Register online at the Contest site.
2. “Accept” the terms and conditions of these Official Rules after reading through all of the rules.

To be Eligible to win HDYF

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN THIS CONTEST.  This Contest is subject to all federal, state, and local laws, regulations, and ordinances.  Void where prohibited by law.  Contest begins at or about 7:00:00 PM Eastern Time ("ET") on June 6, 2008 (the “Contest Start Date”) and ends at 11:59:59 PM ET on August 15, 2008 (the “Contest Period”).

The Fila® “How Do You Fila?” Model Contest (II) (the “Contest”) is open to legal U.S. residents age 18 years or older as of the Contest Start Date.  Employees and directors of Fila, as well as any of its parent, affiliates, vendors, suppliers, advertising and promotion agencies (including models), web providers, customers, past Fila contest winners, or members of any of the foregoing’s immediate family (mother, father, sister, brother, any child, husband, wife) or household, are not eligible to enter or win.  Fila reserves the right to verify the eligibility of winners.
You must agree to, and comply with, all of the terms and conditions stated herein in order to be eligible to enter, participate in, or to win, the Contest.

Your photo entries of yourself must reflect you wearing one or more items of Fila branded apparel, footwear or accessories that you owned prior to the Contest Start Date.  A descriptive caption describing “How do you Fila?” (e.g., “Shockingly Athletic,” “Wicked Smart”) must accompany the photograph.  No logos other than a Fila logo may be visible in your photograph.  You must be the only person depicted in the photo submission.  You must also submit a photo of the Fila logo incorporated into the apparel, footwear or accessory item reflected in each photo entry of yourself.  This photo will be used solely to verify the product you are wearing is in fact a Fila item and will not be displayed on the Contest website.  More than one photo entry is allowed per entrant during the initial round (i.e., prior to the finalist round).  Entrants may create only one user album for his or her self.  Photographs including any one other than you, or containing inappropriate or offensive imagery, will not be accepted. 

By submitting an entry, you certify that you are 18 years of age and a u.s. legal resident, and you warrant and represent that each photo of yourself (a) materially reflects your actual appearance, (b) is an original, (c) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (d) does not violate any law or regulation, (e) has not been previously entered in any CONTEST other THAN ONE SPONSORED BY FILA, and (f) has not been previously published in any medium UNLESS BY FILA.  in addition, you warrant and represent that you own all rights to the entry materials (as defined below).

Furthermore, you agree and acknowledge that Fila shall have a royalty-free, unlimited, worldwide license to use in Fila’s discretion the entry, photos, and any materials or information supplied by you to Fila in relation to the Contest (collectively the "Entry Materials"), including without limitation any and all intellectual property rights therein.  You agree that you will not use any of the Entry Materials for any promotional (other than as consistent with the rules of the Contest) or commercial use.  Notwithstanding the foregoing, you understand and agree that you shall be solely responsible for any liabilities arising from or associated with your creation, submission or use of the Entry Materials.

By submitting an entry, you agree that (a) your likeness and/or the entry materials (excluding your email address, physical address, and date of birth) can be used and displayed by Fila without compensation of any kind or type for the duration of the contest plus a period of one year immediately following the conclusion of the contest on (1) the Contest site, whether in conjunction with the advertisement of the contest or any subsequent spinoffs of the CONTEST OR THE HOW DO YOU FILA? MARKETING CAMPAIGN, and whether YOUR LIKENESS and/or entry materials (excluding your email address, physical address, and date of birth) is displayed alone or in combination with other entrant imagery, (2) any other website; provided, however, that such use and/or display on such other website is for the purpose of advertising the Contest or any spinoffs of the CONTEST OR THE HOW DO YOU FILA? MARKETING CAMPAIGN, or (3) any print publication worldwide; and (B) Fila has the right, without providing you compensation of any kind or type, to edit, adapt, modify, publish, promote, and otherwise use or not use the Entry Materials as fila deems necessary or appropriate to the promotion of the contest or any subsequent spinoffs of the CONTEST OR THE hOW DO YOU FILA? MARKETING CAMPAIGN.  YOU agree to do all things and execute all documentation requested by fila to effect the assignment oF rights described herein, without compensation of any kind or type.  you hereby forever release and discharge fila and its directors, officers, employees, representatives, agents and contractors from any and all claims, actions or demands, whether brought by you or someone action on your behalf, arising out of or in connection with the use of the entry materials in accordance with these official rules, including, but not limited to, (i) blurring, distortion, alteration, or optical illusion, or the processing or publication thereof; (ii) invasion of privacy; or (iii) libel.

Voting

Criteria for judging/voting on an entrant’s album is as follows:

1. Originality
2. How well the entrant’s photograph visually embodies his or her “HOW DO YOU FILA?” descriptive caption
3. Visibility and prominence of the Fila logos on the entrant’s apparel, footwear and accessories
4. Photograph clarity, quality and composition

All voters must register with the howdoyoufila.com/contest website prior to submitting a vote. Limit one vote, per registered voter, per day during the initial round of the Contest Period.  Any individual who, at the sole discretion of Fila, abuses the voting process in anyway, including mass voting or votes generated by a script, macro or use of automated devices will be disqualified immediately from further voting in the competition. Any attempt by a registered voter to vote on a photo more than once through any means, including but not limited to the use of multiple voter or email accounts, will result in disqualification of all votes by that voter.

Each photo entered will be grouped into an entrant’s album and associated with the entrant’s username.  Each entrant album will be considered individually as a separate entry.  The two (2) photos (top men’s & top women’s) as of midnight of each Thursday during the Contest Period through July 31, 2008 will advance to the final round of judging.  The final round of judging is not open to public vote.  In the event that there are no entries from a gender that meet the finalist criteria for the initial round or the final round, Fila shall have the option to permit the second highest entry from the same gender to be a finalist, or to adjust the planned number of finalists for each gender to the number that actually satisfies the foregoing criteria.

Suggestions for getting votes

Each time a photo is uploaded, the photo will have a unique URL. The URL can easily be copied and pasted onto any other web pages/web sites of your choosing. This makes it easy to link to your own photo (or a friend's) on other sites, and easy to encourage others to come vote for your album in the Contest.  Be aware, however, that some sites prohibit the unauthorized use of their sites for commercial activities, which may include contests such as this one.  You are solely liable for any violation of use of third party sites.

Removal of Entries

During the initial round, entered photos/albums can be removed following a request sent to contest@fila.com.  Deletion of photos will not delete votes until and unless no photos remain in a given album.  Deletion of albums will delete votes.  Votes associated with a deleted album cannot be transferred to any other submission.

Finalists

Each Friday of the initial round of the Contest Period, one male and one female finalist will be announced for the week just ended (the preceding Friday through Thursday).  Site visitors can vote for remaining, non-finalists for the following week’s selection of finalists up through July 31, 2008.  All finalists from the initial round will be included in the pool for the final round judged by Fila’s marketing department.  On or about August 4, 2008 Fila’s marketing department will select two (2) potential Grand Prize Winners from the sixteen finalists determined from the initial round and two (2) potential First Place Prize Winners (one from each gender in all levels of prize winners) in accordance with the judging criteria. On or about August 5, 2008 Fila will contact the potential winners.

Disqualifications :

Fila reserves the right, at any time, to disqualify any entrant or finalist whose photo and/or album page, in the sole opinion of Fila, contains content that:

1. Is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, profession or age group;
2. Is obscene or offensive material;
3. Defames character or invades the privacy of any person, or otherwise infringes upon any person's or company's intellectual property or contains disparaging remarks; and/or
4. Communicates messages or images inconsistent with the positive images and/or good will of Fila.

In addition, Fila reserves the right – at any time – to disqualify an entrant or finalist who Fila learns is unable to comply with all of the terms and conditions of these Official Rules.

Potential Winner Requirements/Obligations:

During each of the initial and finalist rounds, each potential winner must deliver to Fila originals of the following documents within seven (7) calendar days, signed by the appropriate person and notarized (when applicable):  (A)  Affidavit of Eligibility and Liability/Publicity Release certifying, among other facts such as his or her age and social security number, that (i) the potential winner holds all rights to the photographs submitted in this Contest, (ii) the submission(s) has/have not been previously published or awarded a prize or award, and (iii) the potential winner has complied with all of the Official Rules of the Contest, and releases Fila of any liability related to the potential winner’s participation in any activity or event associated with the Contest in any way; and (B) such other documents as Fila or a Contest prize provider may reasonably require. Noncompliance with any of the foregoing or the return of any notification letter as undeliverable will result in the potential winner’s disqualification without further notice from Fila and Fila shall have the option, in its sole discretion, to select an alternate potential winner from the unselected finalists.  Full compliance with the foregoing shall earn a potential winner the honor of being designated a Winner of the Contest and entitle the Winner to the prizes described below, in accordance with the below terms and conditions and the terms of conditions.

What the Winners receive

Sixteen (16) WEEKLY FINALISTS PRIZES shall be awarded by Fila consisting of either (as determined by Fila) one (1) hand-held touch screen music player/internet browser/cell phone device, or a gift certificate of equal value to a retail store that sells such device, approximate retail value (“ARV”):  $199.   Activation, subscription, airtime and any pay-as-you-go fees, taxes and/or surcharges are the sole responsibility of the winner.  Acceptance and delivery of each prize must be made by November 1, 2008 otherwise prize will be forfeited.   No Finalist prize may be transferred or exchanged, and each Finalist prize must be accepted as awarded.

Two (2) FIRST PLACE PRIZES shall be awarded by Fila consisting of a Fila.com promotional certificate for a $1,000 shopping spree, approximate retail value (“ARV”): $1000.   Each First Place Prize must be used in total by December 1, 2008; any balance remaining will be forfeited unless prohibited by law. No First Place prize may be transferred or exchanged, and each First Place prize must be accepted as awarded.

Two (2) GRAND PRIZES shall be awarded.  The eligible Grand Prize Winner will receive his or her option of either a Vespa LX 50 (“Vehicle”) to be awarded by Piaggio Group Americas, Inc. (“Vespa Prize Sponsor”), approximate retail value (“ARV”): $3299, or a cash prize equal to $3,299 (“Cash Prize”) to be awarded by Fila.   If the Grand Prize Winner elects the Vehicle, the Grand Prize Winner will be responsible for any additional costs associated with the Vehicle, including without limitation title, tax, license, PDI (pre-destination inspection), registration, shipping, insurance, and any additional accessories and options as agreed to between the Grand Prize Winner and the authorized Vespa USA dealership at which the Vehicle will be delivered.    The Grand Prize Winner will be responsible for pick-up (at winner’s cost) of the Vehicle at a dealership determined by the Vespa Prize Sponsor, but the Vespa Prize Sponsor will nonetheless endeavor, as a courtesy, to select a dealership close to the residence of the Grand Prize Winner.  Each Grand Prize Winner (or his/her parent/legal guardian, if applicable) shall be responsible for shipping coordination and shipping charges to a location other than  the authorized Vespa dealer whereat pick up is scheduled if the Grand Prize Winner is unable or unwilling to accept delivery at such dealership.  Grand Prize Winners must complete all documentation required by Fila and Vespa Prize Sponsor prior to pickup/delivery of the Vehicle and shall furnish proof of residence, valid operator’s license as required by the law of the Grand Prize Winner’s jurisdiction of residence and of the jurisdiction of pickup and any required insurance coverage.  The Grand Prize Winner is responsible for determining the class of license necessary to legally operate the Vehicle. Vespa Prize Sponsor reserves the right to withhold delivery of the Vehicle if Grand Prize Winner does not comply with the above requirements.  Ownership of, liability for, and risk of loss of the Vehicle shall transfer to the Grand Prize Winner upon delivery.  A Grand Prize Winner may change its election of Grand Prize from a Vehicle to the Cash Prize, but not vice versa, no later than November 1, 2008.  Notwithstanding the foregoing sentence, Fila shall have no obligation to reimburse Grand Prize Winner for any costs he or she incurred or for which he or she is responsible as a result of his or her initial election of the Vehicle.  A Grand Prize may not be transferred or exchanged, and must be accepted as awarded.

If a Grand Prize Winner elects the Vehicle, the Grand Prize Winner must take delivery of Vehicle by December 1, 2008 otherwise the Vehicle may be forfeited at Vespa Prize Sponsor’s sole discretion.  Neither Vespa Prize Sponsor nor Fila are responsible for delays in delivery.  All other expenses and items not specifically mentioned in these Official Rules are not included and are the Grand Prize Winner’s sole responsibility. The Vehicle is subject to availability and Vespa Prize Sponsor may substitute the Vehicle with a prize of equal or greater retail value if the Vehicle is unavailable or cannot be awarded for any reason. The value of the Vehicle set forth above represents Vespa Prize Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of the Vehicle is more than the actual retail value of the Vehicle, the difference will not be awarded in cash or otherwise.  In the event the Vespa Prize Sponsor fails to deliver the Vehicle or an appropriate substitute as provided herein, Fila’s maximum liability under any theory of tort, contract or other law shall be the value of the Cash Prize.  If the Grand Prize Winner elects the Cash Prize, Fila will use reasonable efforts to forward a check in the amount of the prize within thirty (30) days of the Grand Prize Winner’s written notification of election.  Election of the Cash Prize must be made no later than November 1, 2008.

DISCLAIMER; LIMITATION OF LIABILITY

NEITHER FILA NOR VESPA PRIZE SPONSOR HAS MADE ANY WARRANTY OR GUARANTEE IN WHOLE OR IN PART, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN RELATION TO THE USE OF ANY PRIZE INCLUDING, BUT NOT LIMITED TO, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY FOR USE AND, FURTHER, ACCEPTS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FILA OR VESPA PRIZE SPONSOR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ANY CONTEST PRIZE OR TO PARTICIPATE IN THE CONTEST, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF FILA OR VESPA PRIZE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

IN NO EVENT SHALL EITHER FILA OR, IN ALL CASES OTHER THAN IN RELATION TO THE VEHICLE, VESPA PRIZE SPONSOR BE RESPONSIBLE FOR, ANY LIABILITY, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ASSOCIATED WITH THE USE, MISUSE, LABELING, MISLABELING, OR DEFECT OF ANY PRIZE.

Entrant’s Indemnification Obligations

By participating in the Contest, entrants agree to release, protect, indemnify and hold harmless Fila, the Vespa Prize Sponsor, any authorized Vespa retail dealers connected to the Contest, and their respective parent companies, affiliates, subsidiaries, advertising and promotions agencies, and each of their respective agents, dealers, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”) from and against any injuries, losses, damages, claims, actions, or liability of any kind resulting from or arising out of or in connection with (i) the entrant’s participation in the Contest and the Entry Materials; (ii) any breach by the entrant of any warranty, agreement or representation contained in these Contest Rules and applicable to the entrant; (iii) any breach by the entrant of any term of use of the Contest site; (iv) the falsification of any documentation submitted by the entrant or the breach of provision of those documents by the entrant; (v) the entrant's conduct during and in connection with this Contest, including to the misuse or misappropriation of any trademark, copyright, or other intellectual property right of the Released Parties or any third party; (vi) claims by the entrant or any group or class with which the entrant is in involved related to right of publicity, right of privacy or defamation; or (vi) the acceptance of any Prize or the possession, use, misuse or non use of any prize that may be awarded, subject to applicable law.
 
Miscellaneous Provisions

Released Parties are not responsible for printing or typographical errors in any Contest related materials; for transactions or entries that are lost, stolen, late, misdirected, damaged, incomplete, inaccurate, garbled, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this promotion, or process any transaction thereon. 

Acceptance of a prize by a Winner further evidences the Winners permission for Fila and its advertising agencies to use the Entry Materials for purposes of advertising and trade in accordance with the terms of these Official Rules regardless of the existence of any separate agreement, unless prohibited by law.

Any prize details not specified above will be determined by Fila in its sole discretion.  Income taxes and any costs or expenses not listed above and expressly covered by the applicable prize provider are solely the responsibility of the winner. 

No prize can be exchanged or transferred unless expressly permitted by the terms and conditions of the Official Rules, and each prize must be accepted as awarded.   If a prize or any component of a prize is not available, Fila may, in its sole discretion, substitute the prize or the prize component with a prize or component, as the case may be, with one of equal or greater value.   

Each winner is solely responsible for complying with any applicable federal, state and/or local laws and regulations applicable to his or her prize including without limitation registration requirements and operating restrictions as applicable.

USE OF CONTEST SITE:

 

The Contest site contains material, such as software, text, graphics, images, video, audio and other material that may be owned by Fila or may be provided through an arrangement Fila has with third party suppliers. The content is protected by copyright under both United States and foreign laws. Unauthorized use of the content may violate copyright, trademark, and other laws. You have no rights in or to the content, and you may not use the content except as permitted under these Official Rules.

By using the Contest site, you understand and agree that (i) you must comply with these Official Rules and the Terms; (ii) you are solely responsible for all content that you upload, post, email, transmit or otherwise make available via the Contest Site; (iii) you will evaluate, and bear all risks associated with, the use of or uploading, posting, transmitting, emailing, viewing or contribution of any content.  Neither Fila nor any of its contractors or suppliers controls the content posted on the Contest site and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such content; (iv) you may be exposed to content that is offensive, indecent or objectionable and shall not hold Fila responsible for such content. Under no circumstances will Fila or any of its contractors or suppliers be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available as part of the contest; (v) you shall indemnify and hold Fila harmless against any claims, suits, liabilities, damages or awards incurred by Fila as a result of your infringement of any third party’s rights or that arise as a result of your breach of any term or condition of these Official Rules or the Terms or your actions, omissions or negligence in connection with you use of the Contest site.

The Contest site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content thereon. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or any content located thereon.

Offensive Content

Fila and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any content that is available on the Contest site. Without limiting the foregoing, Fila and its designees shall have the right to remove any content that violates these Official Rules or the Terms, or that which is marked by other users as inappropriate, or is otherwise objectionable. 

Infringing Content

If you are a copyright owner or an agent thereof and believe that any content on the Contest site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Fila, at 1 Fila Way, Sparks, Maryland 21152, Attn:  Legal Dept., with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to content and/or violation of these Official Rules or the Terms (e.g., violations of criminal laws) is: C.J. Persson, Esquire, Fila U.S.A., Inc., 1 Fila Way, Sparks, Maryland 21152. For clarity, only DMCA notices and notices relating to complaints in connection with the foregoing violations should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to service@fila.com.

Disclaimer of Warranty and Limitation of Liability

FILA  AND VESPA PRIZE SPONSOR MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE CONTEST SITE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. FILA SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTEST SITE AND THE CONTENT AT YOUR OWN RISK.

FILA DOES NOT WARRANT THAT THE CONTEST SITE WILL OPERATE ERROR‑FREE OR THAT IT, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTEST SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FILA SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE CONTEST SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FILA HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL FILA OR VESPA PRIZE SPONSOR  SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTEST SITE AND THE CONTENT, OR TO PARTICIPATE IN THE CONTEST, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF FILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, FILA AND VESP PRIZE SPONSOR’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous:

By accessing and using the Contest site, or by clicking “I Accept” when registering on the Contest site, you acknowledge that you have read, understood and agree to be bound by these Official Rules and the Terms.  In the event of any discrepancy or inconsistency between the foregoing, the term or condition of these Official Rules shall prevail, govern and control.

In no event will more than the stated number of prizes be awarded. Fila is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.  In addition, Fila is not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the contest.

All information on the Contest site belong exclusively to Fila and may not be used by any person other than Fila.  In the event that any user is using the Contest or the Contest site to solicit any act which is unlawful, including but not limited to child pornography, drug sales or online scams, Fila will fully cooperate with any and all local, state and federal law enforcement agencies investigating such activity.

Fila reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Fila in its sole discretion. In the event of termination, a notice will be posted online and the Contest will be conducted from among all eligible online Contest entries received prior to termination. Any damage made to the website by an entry will also be the responsibility of the authorized e-mail account holder of the e-mail address that submitted the entry.

"Authorized e-mail account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof of submitting entries will not be deemed to be proof of receipt by Fila. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods.  Fila reserves the right to freeze or close an account or to prohibit the participation of an individual/account holder if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE HOW DO YOU FILA OR FILA WEB SITES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, FILA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

These Official Rules shall be governed by Maryland law without regard to its conflict of laws principles.  You expressly agree to submit to the personal jurisdiction of the state and federal courts of Maryland. Failure by Fila to act on or enforce any provision of these Official Rules shall not be construed as a waiver of that provision or any other provision in these Official Rules. No waiver shall be effective against Fila unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.