PUMA Fit Intelligence Beta Tester Program
Terms and Conditions
Sponsor: PUMA SE, PUMA Way 1, 91074 Herzogenaurach, Germany
Eligibility: The Tester Program is open to legal residents of the United States, Germany, United Kingdom, Japan, Hong Kong (China), Sweden, Denmark, Norway, Spain, India and Turkey who are 18 (20 in Japan) years of age or older at the time of application. Employees of Sponsor, their affiliates, agencies, suppliers and members of the immediate families and persons living in the same household (whether related or not) of such employees are not eligible to apply. Void where prohibited.
Agreement to these Terms and Conditions: By submitting an application, an applicant fully and unconditionally agrees to and accepts these Terms and Conditions, which are available at https://global.puma.com/fi-betatesting-terms/ and the decisions of Sponsor, which are final and binding in all matters related to the Tester Program. The Tester Program is subject to all applicable federal, state and local laws. If any provision or part of these Terms and Conditions is deemed void or unenforceable, then that provision or part shall be deemed excluded and the remainder of the Terms and Conditions shall remain applicable.
Tester Program Period: The Tester Program starts on April 18th, 2019 (09:00 am CET) and ends on April 28th, 2019 (0:00 p.m. CET) (“Application Period”)
Selection Process: Twenty (20) applicants of the Tester Program will be selected to participate in the PUMA Fit Intelligence Beta Testing Program and receive one pair of PUMA Fit Intelligence shoes for testing purposes.
In the Beta Testing Program, the participants will test their pair of Fit Intelligence Shoes for a period of (3) weeks (“Testing Period”). After the end of the Testing Period, they will submit their testing results and feedback via an online survey tool and other means such as a video or photo log. Participants may also opt to communicate directly with Sponsor via Fit Intelligence App. Until a participant submits his/her testing results and feedback, the shoes will remain the property of the Sponsor and entrusted to the participant solely for testing purposes. After the submission, ownership of the shoes will automatically transfer to the participant.
Selection and notification of Participants: From all entries received during the Application Period, Sponsor will choose, at its sole discretion, the most relevant answers to determine the most suitable applicants within 14 days from the end of the Application Chosen applicants will then be contacted and requested to conduct an online briefing and interview session with an employee of Sponsor (e.g. via skype or phone call). If a notified applicant is uncontactable or unavailable for the briefing and interview within ten (10) calendar days after the notification, Sponsor will select the next most suitable applicant. Following the briefing and interview, Sponsor will then decide which applicants will be chosen for the Beta Testing Program. The successful applicants will be notified via e-mail within five (5) days after the decision of Sponsor. If a notified successful applicant fails to respond within ten (10) calendar days after the notification, Sponsor is entitled to determine a subsequent successful applicant and award the slot to this person replacing the applicant originally chosen to be the participant. The participation in the ester Program can only be claimed personally by the participant. Participation must be accepted as designed by the Sponsor. The testing shoes will be sent to the address of residence (in accordance with the eligible countries in Sec 2 above) provided by the participant. The receipt by participant of the testing shoe offered in this Tester Program is conditioned upon compliance with any and all federal and state laws and regulations.
Obligations of Participants: By entering into this Tester Program, participant understands that he/she will be required to participate in an online interview and briefing session with PUMA employees and will have to conduct a (3) week testing of the Fit Intelligence Shoe and provide his/her feedback via an online survey and other means such as video or photo log in accordance with Sec. 7 and 8 above. All material you provide with regard to your testing shall become the sole property of Sponsor (see section 10. below).
Granting of rights: By participating in the Tester Program, participant understands and agrees that all rights in intellectual property, including but not limited to patents, trademarks, designs, concepts and/ or copyrights, developed by Sponsor with information provided by participant or which has been developed by participant in connection with participant partaking in the Tester Program, specifically including without limitation designs, drawings, artwork, concepts, deliverables, footwear, apparel and accessories which may be created in connection with participant’s participation in the Tester Program (the “Works”), shall be the sole property of Sponsor and shall be protectable by Sponsor at its own expense. As owner of such intellectual property, Sponsor shall have all customary rights, including without limitation the right to modify, amend, and otherwise practice and exploit such intellectual property. All such Works shall be considered “a work made for hire” for Sponsor and Sponsor shall be considered the author thereof. If such “work made for hire” doctrine is not effective, participant hereby irrevocably assigns, conveys and otherwise transfers to Sponsor, and its respective successors, licensees, and assigns, in perpetuity, all right, title and interest worldwide in and to the Works and all proprietary rights therein and the exclusive right to advertise, publicize, market, distribute, manufacture and/ or sell product developed in connection with the Works and anything contained therein without any compensation.
Limitation of Liability: Sponsor is not liable, to the extent legally permissible, for defects in the testing shoes. Legal recourse to this extent is excluded. Except in the event of gross negligence or intent on the part of Sponsor or its agents, Sponsor does not accept responsibility for any entries lost, damaged, corrupted, delayed, quarantined, or not received by Sponsor, whatever the cause. Sponsor is not responsible or liable for any technical, hardware, software, server, website, or other, failures or damage of any kind. Sponsor will send the testing shoes in accordance with Sec. 8 above but will not be responsible for non-delivery or non-receipt of the testing shoes due to any reason whatsoever. By entering each applicant/participant agrees to release and hold harmless Sponsor and its, affiliated companies, agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such applicant’s/participant’s participation in the Tester Program and/or his/her acceptance, possession, use, or misuse of the testing shoes or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the application process or the Tester Program; (v) electronic or human error which may occur in the administration of the Tester Program or the processing of entries, (vi) late, lost, or undeliverable mail.
In the event of an obvious error in these Terms and Conditions, illegality, or circumstances beyond the reasonable control of the Sponsor which prevent the administration of the Tester Program, Sponsor will not be liable for any form of loss or disappointment caused by same. In such circumstances Sponsor will make all reasonable endeavours to advise participants of any changes or withdrawal.
Disputes: THIS TESTER PROGRAM IS GOVERNED BY GERMAN LAWS, SUBJECT TO ANY MANDATORY PROVISIONS OF THE APPLICABLE LAW OF ENTRANT’S PLACE OF RESIDENCE. THE UN CONVENTION IS EXCLUDED. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than applicant’s/participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Tester Program), and applicant/participant further waives all rights to have damages multiplied or increased.
Data protection. During the course of the Tester Program the following personal data will be collected:
Applicants: first and last name, address, e-mail address for the purpose of the conduct of the Tester Program, shoe size;
Successful Applicants/Participants: further contact information for the purpose of conducting the online briefing and interview.
Sponsor will forward personal data only to service providers commissioned to conduct the Tester Program within the territory of the European Union or in the territory of the European Economic Area. All such contract data processors collect, process and use personal data only for and in accordance with Sponsor’s instructions. Sponsor will not transfer personal data to third parties or process personal data for other purposes. Personal data may only be transferred to authorities if required by law. The applicant’s/ participant’s personal data will be deleted after the distribution of the testing shoe and the closing of the Tester Program. Where deletion of personal data is not possible due to legal retention duties, Sponsor will block such personal data from further use and processing. Applicant/ Participant has the right to information without charge regarding the personal data stored about him/her by Sponsor as well as to correction, blocking or deletion of such personal data. To assert the above rights the applicant/ participant may contact Sponsor at the following email address: firstname.lastname@example.org