Access to and use of the site asicsmarathon.com are governed by the following rules:

Content
Text, graphics and images that are part of this site are the property of ASICS Europe BV. Access to and use of this site are solely for personal entertainment, information or education. You may download, copy or print materials on this site for your personal, non-commercial use only. No right in any materials is transferred to you as a result of downloading or copying. Any other use of the materials on this site without the prior written permission of ASICS Europe BV is strictly prohibited.

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Rules and Regulations ASICS Marathon Competition

1. Participants may enter the ASICS Marathon Competition (the “Competition”) via digital entry: www.asicsmarathon.com (the “Web Site”). The Competition is free to enter (no purchase required) and open to participants over 18 years of age legally resident in one of the participating countries.

2. Participants must submit their own entries that fulfil the mission [to run the whole ASICS online marathon and send in marathon thoughts], as long as it is created and done by the participant in person. By submitting their entries, participants warrants that they are the originator of the submitted material and that by submitting the material no third party intellectual property rights have been infringed.

Four winning entries will be picked by a jury appointed by ASICS Europe BV out of the total number of entries submitted on the basis of the most [original marathon thoughts] entries. The jury will consist of specialists (directors, creative team) that will judge on the basis of creativity, fit with campaign concept and uniqueness.

3. Only those entries submitted and received in good order by ASICS Europe BV before September 30th, 2004 shall be deemed valid and shall be taken into consideration. Submissions, which are incomplete, illegible, lost or damaged, shall not be taken into consideration. ASICS Europe BV accepts no liability whatsoever for any problems or any deficiency concerning computers, connections or networks used in submitting an entry through the Web Site. The winners will be notified before October 6th 2004, by e-mail to the e-mail address given in the questionnaire. The names of the four winners will be published on www.asicsmarathon.com.

4. The four available prizes are two first prices for two persons and two companions (four airline tickets to New York City during the NYC Marathon and a three night stay in a hotel), one second price (bag with sporting goods like running shoes and running gear) and one third price (a pair of ASICS running shoes).

5. Employees of any ASICS Europe BV company or creative agencies working for ASICS Europe BV and members of their families are not eligible to winning a prize.

6. Winners shall be liable for any taxes and/or surcharges that may be levied on the prize and for any expenses not specified in the prize description.

7. Prizes shall be awarded at ASICS Europe BV sole discretion. There shall be no correspondence concerning the awarding of prizes. The prize shall be accepted “as is” by a winning participant. No cash alternative for prizes shall be offered and prizes are non-transferable and may not be exchanged or returned. ASICS Europe BV accepts no liability whatsoever for any deficiency or malfunctioning of any prize or for any damage incurred through such malfunctioning or deficiency, howsoever arising.

8. Prizes may be subject to variation at the discretion of ASICS Europe BV. In the event it is necessary to vary the prize offered, ASICS Europe BV shall offer the winner a prize of a similar description or value where possible.

9. Any entry made giving another person’s (or a false) name will be disqualified and will thus not be taken into account.

10. Failure to comply with any of these rules will disqualify any participant from taking part in the Competition.

11. ASICS Europe BV reserves the right to disqualify any participant and/or winner in its sole discretion.

12.The participant agrees that ASICS Europe BV shall be allowed - in its sole discretion - to use the prize winners name and/or image and submitted materials for promotional or advertising purposes freely and at no charge. However, ASICS Europe BV shall not be obliged to make any such use of names and/or images. ASICS Europe BV accepts all submitted materials on the basis that all necessary rights, title to and interest in copyrighted material shall be assigned to ASICS Europe BV by submission of such entry. However, ASICS Europe BV shall in no way be obligated to use such materials.

13. These rules shall be governed by and interpreted in accordance with Dutch law and any disputes arising out of or in connection with them shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.

14. The Competition and all information accessible through the Web Site is provided on an “as is“ and “as available” basis without warranties of any kind. All rights are reserved.

15. If any provision of these Rules is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these Rules, which shall remain in full force and effect.

16. The Competition is organised by ASICS Europe BV based in Hoofddorp, The Netherlands. Further details are provided on the website of ASICS Europe BV.