ASICS Sweepstakes Terms

ASICS NAGINO™ Clothing Sweepstakes

Official Rules

• NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

• VOID WHERE PROHIBITED BY LAW. 

• THE ASICS TERMS AND CONDITIONS OF USE (THE “TERMS”) CONTAIN AN ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY (https://legal.asics.com/en-us/legal/terms-and-conditions) AS IT AFFECTS YOUR RIGHTS. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND THE ARBITRATION PROVISION CONTAINED THEREIN. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1.  Eligibility.  The NAGINO™ Clothing Sweepstakes (the “Sweepstakes”) is open only to individuals who, at the time of entry, are legal residents of and physically located in one (1) of the fifty (50) United States or the District of Columbia   , and are at least the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) or older.  Employees, officers and directors of ASICS America Corporation (“Sponsor” or “ASICS”), and its respective parent companies, affiliates, subsidiaries, agents, advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize.  For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Void where prohibited by law.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2.  Entry Period.  The Sweepstakes begins on or about 9:00 AM (ET) on March 1, 2024, and all entries must be received by the Sponsor on or before 4:00 PM (ET) on March 15, 2024 (the “Entry Period”).

3.  How to Enter. 

Online Method of Entry.  To enter the Sweepstakes, during the Entry Period, you must: (1) sign up to receive SMS text marketing communications by entering your phone number and agreeing to the Sponsor’s SMS Terms and Privacy Policy here: https://asics.attn.tv/p/gFE/landing-page; and (2) sign up to receive marketing email communications or currently be signed up to receive marketing email communications from ASICS.

Alternate Method of Entry (3x5 mail-in card).  You may also enter the Sweepstakes, during the Entry Period, by writing your full name, full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper or note card and mailing your completed entry to: “ASICS NAGINO™ Clothing Sweepstakes,” ASICS America Corporation, 125 Summer Street, 3rd Floor, Boston, MA 02110.  Each entry must be mailed separately in a hand-addressed, stamped envelope.  No photocopied or mechanically reproduced entries will be accepted.  No responsibility is assumed for postage-due entries.  No responsibility is assumed for: (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind; or (ii) any incorrect data contained in any Sweepstakes entry.  Mail-in entries must be received by March 15, 2024 to be eligible for the drawing.  All mailed entries become the property of Sponsor and will not be returned or acknowledged.

Limit of one (1) entry per person (regardless of method) will be accepted.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  All materials submitted become the physical property of Sponsor and will not be returned.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible.  Winner(s) may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.   Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations.   The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

4.  Winner Selection and Prize Claiming.  There will be one (1) winner selected in this Sweepstakes.  The potential winner will be selected through a random drawing on or about March 16th, 2024 from all eligible entries received in accordance with these Official Rules.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final.  The potential winner will be notified by a text message sent to the mobile number entrant provided for receiving text message marketing communications at the time of entry or by email, telephone, or mail (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The notification will contain instructions on how to obtain the prize. Winner must place an order for the prize on asics.com by July 15th, 2024. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.  A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged.  The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their prize(s).  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.  Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize(s).  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

5.  Odds.  Odds of winning will depend upon the total number of entries received.

6.  Prize(s) and Values.  The prize to be awarded to the winner  in this Sweepstakes is: three (3) clothing items from the ASICS NAGINO™ Collection. The winner will receive three (3) clothing items of their choice   from the ASICS NAGINO™ Collection. The prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used.  The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner. Unclaimed prize(s) will be forfeited.  Prize(s), if legitimately claimed, will be awarded.  The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address.  If athe winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. In no event will more than the stated prize(s) will be awarded.  The total ARV of the prize awarded in this Sweepstakes varies based upon the winner’s selection but will be between one-hundred twenty-nine dollars ($129) and five-hundred ten dollars ($510) (USD).   The Sweepstakes Entities are not responsible for and winner will not receive the difference, inif any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.

7.  Publicity Release.  Subject to applicable law, winner(s) irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prize(s) to the winner(s).

8.  Tampering with Sweepstakes.   The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

9.  Suspension / Modification / Termination.  In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, any typographical, technological, or other error in the publishing of the offer, administration of the Sweepstakes, or announcement of the prize(s), or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize in a manner deemed appropriate by Sponsor.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should a Force Majeure event or other occurrence (including technological difficulties, such as viruses and bugs) corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of any other portion of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

10.  Waivers, Disclaimers and Releases.  By participating in the Sweepstakes, entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”) from and against any and all claims, liabilities, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those related to or arising from any travel to/from any prize event or activity); (iii) the Released Parties’ actual or alleged violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or claims of infringement of intellectual property; and (iv) any typographical, technological, human or other error in the publishing, printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.  Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose.  Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize.  The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use any social media platform or website for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via any social media platform or website, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.

11.  Entry Information and Sweepstakes Communications.  As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.  By participating in the Sweepstakes, entrant agrees to be bound by Sponsor’s Terms and Conditions of Use (the “Terms”) available here https://legal.asics.com/en-us/legal/terms-and-conditions and the Sponsor’s privacy policy (the “Privacy Policy”), available at https://legal.asics.com/en-us/legal/privacy-policy. In the event of any discrepancy between the Privacy Policy and these Official Rules, these Official Rules shall control and govern. Entrants who enter the Sweepstakes via online method of entry also expressly agree to be bound and abide by the Sponsor’s Messaging Terms and Conditions (the “SMS Terms”), available at http://attn.tv/asics/MessagingTermsConditions.html. 12.  Governing Law / Limitation of Liability.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 13.  Dispute Resolution; Binding Arbitration; No Class Relief.  NOTE:  THESE OFFICIAL RULES CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE OFFICIAL RULES  AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ASICS.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. By accessing, browsing, creating an account, or otherwise using the Sponsor’s website (the “Site”), using the Sponsor’s other websites or mobile applications, or visiting Sponsor’s stores, purchasing products or services, or engaging in other transactions or interactions with the Sponsor, including entering and participating in this Sweepstakes, you agree to be bound and abide by the Sponsor’s Terms and Privacy Policy. If you do not accept all of the Terms, you must immediately cease use of the Site and other interactions with the Company.  By entering and participating in the Sweepstakes, you further understand and agree that to the fullest extent permissible by law, with the exception of disputes pertaining to the Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Sponsor including, without limitation, arising under these Official Rules; your use of or entering into the Sweepstakes, or other interaction with the Sponsor (including, without limitation, claims relating to the Sponsor’s advertisements, and disclosures; email, SMS or other messages sent by the Sponsor; or the Sponsor’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies. Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Official Rules by sending a written letter to the Sponsor at 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Official Rules. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Official Rules shall continue to apply. Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and the Sponsor, you and the Sponsor agree to first send a written notice to the other (a “Demand”). You must send the Demand to the Sponsor via certified mail to the Notice Address. The Sponsor must send the Demand to you via certified mail to the most recent address the Sponsor has on file for you (or by email if the Sponsor only has an email address for you on file). A Demand (1) shall seek to resolve the Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for the Sponsor by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and the Sponsor will personally attend (with counsel, if represented). You and the Sponsor agree that you and the Sponsor will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met. Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or the Sponsor’s satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or the Sponsor intend on taking legal action, you and the Sponsor agree that you or the Sponsor shall file a demand for arbitration with National Arbitration & Mediation (“NAM”) (https://www.namadr.com/). The arbitration will be conducted by a single arbitrator with NAM under its Comprehensive Dispute Resolution Procedures and Rules then in effect subject to the Mass Arbitration provisions below. You or the Sponsor may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required. Payment of all fees will be governed by the NAM rules. Either you or the Sponsor may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH BELOW ARE TRIGGERED. NEITHER YOU NOR THE SPONSOR MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM. Mass Arbitration: If, at any time, 25 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against the Sponsor, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules” then in effect, available at https://www.namadr.com/resources/rules-fees-forms/) such as where representation of the claimants is the same, consistent or coordinated across the cases, the NAM Mass Filing Rules in effect at the time such demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed. Stage One: Counsel for the claimants and counsel for the Sponsor shall each select 5 claims per side and the NAM Procedural Arbitrator will randomly select 15 claims (25 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation. Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for the Sponsor shall each select 10 claims per side and the NAM Procedural Arbitrator will randomly select 30 claims (50 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation. If your Claim is not resolved as part of the staged process identified above, either: Option One: You and the Sponsor may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Official Rules on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 2 including its mediation. Sponsor may opt your claim out of arbitration by sending a notice signed by an authorized Sponsor representative of the Sponsor’s intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.  OR Option Two: If neither you nor Sponsor elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the NAM Procedural Arbitrator into groups of 500 claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims. A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and the Sponsor agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and the Sponsor acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and the Sponsor further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or the Sponsor.  If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis). In the event of an exercise of an opt out of, or any exception to, the binding arbitration as provided above, all such Disputes or litigation shall be exclusively brought in the applicable state or federal courts of Orange County, California. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts of Orange County, California. You consent to exclusive jurisdiction and venue in these courts. You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law. This section of these Official Rules will survive the termination of the relationship with you and the Sponsor. 14.  List of Sweepstakes Winner(s).   To receive a list of winner(s), send a stamped, self-addressed envelope, within sixty (60) days of expiration of the Entry Period, to: “ASICS NAGINO™ Clothing Sweepstakes Winners List, ASICS America Corporation, 125 Summer Street, 3rd Floor, Boston, MA, 02110”.  Please be sure to indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request. 15.  Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, that provision or portion shall be deemed severable and shall not affect the validity and enforceability of any remaining provision in these Official Rules or the Affidavit. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or these Official Rules, the Official Rules shall prevail, govern and control to the extent of such discrepancy and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  16.  Identification of Sponsor.  This Sweepstakes is sponsored by ASICS America Corporation at 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618.  Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.