The Crocs Retail, LLC "#MomsDayOffContest" Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE AN ENTRANT'S CHANCES OF WINNING.
THE CONTEST MAY ONLY BE ENTERED BY INDIVIDUALS IN OR FROM THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, THE UNITED KINGDOM, GERMANY, AND JAPAN, WHO MEET THE ENTRY CRITERIA DESCRIBED BELOW ("ENTRANTS"). THIS CONTEST IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
ENTRY IN THIS CONTEST CONSTITUTES AN ENTRANT'S AGREEMENT TO THESE OFFICIALRULES.
1. SPONSOR:
(a) The Contest is sponsored by Crocs Retail, LLC (henceforth known as "Sponsor"):
Crocs Retail, LLC
7477 East Dry Creek Parkway,
Niwot, CO 80503
(b) THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM. ENTRANTS ARE PROVIDING THEIR INFORMATION TO SPONSOR AND NOT TO TWITTER OR INSTAGRAM.
2. ELIGIBILITY:
(a) The Contest is open only to legal residents of the fifty (50) United States, the District of Columbia, the United Kingdom, Germany, and Japan, who are eighteen (18) years of age or older and the age of majority in their state or country of residence at the time the Entry was submitted. Residents of U.S. territories, and all other countries, are ineligible to participate in the Contest. Only individuals may enter the Contest. No group or organization may enter, and sponsorship to provide for the entry of an individual is not allowed. The Contest is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited. Participation constitutes the Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon an Entrant fulfilling all requirements set forth herein.
(b) Employees of Sponsor, its distributors, parents, affiliates, subsidiaries, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives, stockholders, bondholders, or agents, and each of their immediate family members and persons living in the same household are ineligible to enter the Contest. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister, or 1st cousin. (c) Entrants are limited to one Entry in the Contest ("Entry") per person; any subsequent Entries, regardless of social media platform, will be void.
(d) Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents, independent contractors, vendors and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, transmit, publish, display, perform, adapt and/or otherwise use or reuse (without limitation as to when or to the number of times used), each element of the Entrant's Entry, and use of the Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding the Entrant or his/her participation in the Contest (with or without using the Entrant's name) in any and all media, without limitation as to territory and/or purpose (including commercial purposes), and without compensation or approval from the Entrant or any third party.
(e) Entrants will provide only truthful information, and Sponsor will reject any Entry that contains false or fraudulent information and/or material.
SPONSOR RESERVES THE RIGHT TO RESTRICT PARTICIPATION IN THE CONTEST OR DISQUALIFY ANY ENTRY IN THE CONTEST FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, ANY ACT IN VIOLATION OF THESE OFFICIAL RULES OR ANY DISRUPTIVE OR UNETHICAL CONDUCT. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
3. CONTEST PERIOD:
(a) The Contest will begin on April 27, 2016 at 12:00:01 a.m. EST ("Contest Start").
(b) The Contest will end on May 6, 2016 at 11:59:59 p.m. EST ("Contest End"). The period of time between the Contest Start and the Contest End will be defined as the "Contest Period."
4. HOW TO ENTER:
(a) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST.
(b) To enter in the Contest, Entrants must post a photograph ("Photo") of themselves which shows what they are doing on their day off ("Theme") on either their personal Twitter or Instagram account with the hashtags "#MomsDayOffContest", and, at Contest End, must be following Sponsor's Twitter account (below) (if Entrant posted the Photo to Twitter) or Sponsor's Instagram account (below) (if Entrant posted the Photo to Instagram):
US: @Crocs
UK & Germany: @Crocs_UK or @CrocsEU
Japan: @CrocsJP
US: @Crocs
UK & Germany: @CrocsEU
Japan: @CrocsJP
Entrants must make sure their Twitter and Instagram accounts are set to "public" and not "private" (or other applicable settings to ensure that content posted on the account is visible to the public). All Entry information, Photos, tweets and posts shall be collectively referred to herein as the "Entries" or each as an "Entry." Entries will be judged subject to the criteria set out in Section 7(a). Entries must comply with the Entry Guidelines and Requirements defined below.
(c) If entering using your mobile device, standard data fees for mobile data service may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and Entries by any means that subvert the entry process are void.
(d) Limit of one (1) Entry per person throughout the Contest Period, regardless of the method by which an Entry was submitted. Entries received in excess of the above stated limitation will be void. In the case whereby multiple Entries have been submitted by an Entrant, only the first Entry will be eligible for the Contest, and every Entry thereafter will be void.
All terms and conditions of Twitter.com and Instagram.com apply, including without limitation restrictions on the content posted to the Entrant's account. Multiple Entrants are not permitted to share the same Twitter or Instagram account. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Twitter or Instagram accounts, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter or Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential Contest winner (each a "Winner") may be required to show proof of being the authorized account holder.
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. ENTRY GUIDELINES AND REQUIREMENTS
(a) Entries may not contain, as determined by Sponsor in its sole discretion, any content that:
(1) is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
(2) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
(3) is obscene or offensive; endorses any form of hate or hate group;
(4) defames, misrepresents or contains disparaging remarks about other people or companies;
(5) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without prior written permission from the owner;
(6) contains any personal identification, such as personal names or e-mail addresses;
(7) contains copyrighted materials owned by others (including without limitation text, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without prior written permission from the owner;
(8) contains materials embodying the Likenesses, voices and/or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
(9) contains look-alikes of celebrities or other public or private figures, living or dead;
(10) communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
(11) violates any law, rule and/or regulation, or the terms and conditions of Instagram or Twitter.
(b) Each Entrant represents and warrants that his/her Entry: (i) is original to him/her and that Entrant has all necessary rights and permissions in and to the Entry (including all components thereof, including all rights of publicity) for the purposes of submitting the Entry to the Contest and granting all the rights in the Entry granted hereunder; and (ii) will not give rise to any claims of infringement, invasion of privacy or publicity, will not infringe on or otherwise violate any rights and/or interests of any third party, and will not give rise to any claims whatsoever.
(c) Each Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Entries that may be similar in idea or concept to what is included in Entrant's Entry. Each Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor's decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.
6. PRIZE DESCRIPTION:
(a) Ten (10) 1st place Winners will receive a Crocs gift card valued at $50.00 plus an additional check for $100.00 to spend towards the day-off activity of their choosing. Approximate Retail Value ("ARV") of each 1st place prize: $150.00. Crocs gift card may be used for purchase of retail merchandise on official Crocs website or at Crocs-owned stores.
(b) Fifty (50) 2nd place Winners will receive a Crocs gift card valued at $50.00. ARV of each 2nd place prize: $50.00.
(c) ARV of all prizes combined; $4,000 USD. Dollar value of all prizes will be converted into local currency, if the Winner is not located within the U.S. Prizes won outside of the U.S will be converted to local currency subject to the following exchange rates:
JPY/USD = 110
GBP/USD = 0.7
EUR/USD = 0.9
(d) The prizes will be distributed, e-mailed, or electronically transferred to the Winners in the manner determined by Sponsor.
(e) Prizes cannot be exchanged for cash and are non-transferable. No substitutions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of Winners.
(f) Awarding of the prizes shall be deemed complete once the Winners have been determined and the prizes given to the 1st and 2nd place Winners.
(g) Winners must accept the prizes awarded to them by Sponsor, AS IS, and Winners shall NOT dispute, complain about, or otherwise contest any element or aspect of the Contest and/or the awarded prize.
(h) Sponsor, its distributors, affiliates, subsidiaries, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives, stockholders, bondholders and agents, shall NOT be responsible for any liabilities related to an awarded prize or to a Contest Winner and/or the Winner's family, associates, friends, business partners, etc. All federal, state and local taxes relating to receipt of a Contest prize are solely the responsibility of the Contest Winner.
(i) Sponsor, its distributors, affiliates, subsidiaries, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives, stockholders, bondholders and agents shall NOT be legally, financially, or otherwise responsible in any way if a Contest Winner uses a Contest prize for the initiation or continuation of any dangerous, illegal, or otherwise harmful actions that violate local, state, federal and/or international, codes, ordinances, bylaws, laws, or regulations.
7. SELECTION OF WINNERS:
(a) On or about July 8, 2016, all eligible Entries will be judged by a panel of judges consisting of Crocs employees. All Entries will be judged based on the following equally-weighted judging criteria ("Judging Criteria"): (a) Creativity; (b) Product Integration; (c) Originality; and (d) Relevance to the "Theme". In the event of a tie, the highest score in the Creativity category criteria (above) will determine the Winners (subject to confirmation that potential Winners have complied with all other Contest requirements and these Official Rules).
Potential Winners will be announced on or about May 19, 2016.
(b) This is a single, cross-platform Contest, and Winners shall be selected regardless whether they entered the Contest via Twitter or Instagram.
(c) If a Twitter Entrant is a potential Winner, he/she will be notified by a Twitter direct message from Sponsor (note: in order to receive such direct message, the potential Winner has to (a) be following Sponsor on Twitter and (b) may have to have his/her Tweet Privacy settings "unchecked"). If an Instagram Entrant is a potential Winner, he/she will be notified by a direct message from Sponsor and/or by Sponsor posting a comment to the potential Winner's Entry on the potential winner's Instagram account. Potential winners will receive an email with a Release attached (Release described in section 8). Potential winners will be required to return the Release form to the Sponsor via any of the prescribed methods in the Release or notification email within seven (7) calendar days in order to claim their prize. If a potential Winner fails to claim his or her prize in the time-frame designated by Sponsor or in accordance with these Official Rules, an alternate Winner may be selected.
8. WINNER VERIFICATION & ACCEPTANCE:
If any prize or prize notification is returned as undeliverable, if any potential Winner fails to respond to Sponsor with all required information and documentation in the time-frame designated by these Official Rules, rejects his/her prize, or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Entry with the next highest score if time permits in Sponsor's sole discretion. Upon prize forfeiture, no compensation will be given to that Entrant.
Potential Winners will be required to prove eligibility, including, without limitation, proof of age and residence, within seven (7) calendar days of being notified as a potential Winner, by submitting the Release described below. In the event of non-compliance by a potential Winner, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules or if his/her prize or prize notification is returned as undeliverable, such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining Entries received if time permits in Sponsor's sole discretion. Sponsor is not responsible for any change in Entrant's social media contact information. Each potential Winner must sign and return to Sponsor (via the means designated by Sponsor) within seven (7) calendar days of receipt of such documents from Sponsor: (a) a declaration of eligibility and liability/publicity release and/or rights transfer document, releasing the Sponsor, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of any prize or any portion thereof to be eligible for a prize; and (b) except where prohibited by law, a release granting the Sponsor the right to use their photographic submission, name and likeness for all purposes described hereunder without additional compensation (collectively, both (a) and (b) will be contained with in a "Release" form provided by Sponsor).
Entry into the Contest constitutes agreement to sign such Release. Each potential Winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the prizes and that each potential Winner will be responsible for obtaining and paying for any property or other form of insurance relating to the prizes. Each potential Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the prizes and return them as instructed within the timeframe specified by the Sponsor or the potential Winner may forfeit prizes at the Sponsor's sole discretion. All decisions of the Sponsor relating to the Contest are final. The Sponsors expressly reserve the right to delay the announcement of the Winners for creative or technical reasons or for any other reason the Sponsors deem necessary.
9. GENERAL RELEASE: BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, TWITTER, INSTAGRAM AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.
10. PUBLICITY: Participation in the Contest constitutes consent to Sponsor's and its agents' use of Entrant's name, likeness, photograph, voice, opinions, and/or hometown and state for advertising, promotional and all other purposes in any and all media, now or hereafter known, worldwide in perpetuity, without further payment or consideration, notification or permission, except where prohibited.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of Official Rules or in an unsportsmanlike or disruptive manner, and void all associated Entries. Any attempt by any person, group, or organization to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person, group, or organization 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 provision.
12. LIMITATIONS ON LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, typographical, printing or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in the administration of the Contest, the processing of Entries, the announcement of the prize or in any Contest-related materials; and/or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt or use or misuse of the prizes. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties.
ENTRANTS AGREE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT), IN FACT OR IN LAW, AS REGARDS TO THE PRIZES OR ANY COMPONENTS OF THE PRIZES IN THE CONTEST.
13. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: Released Parties are not responsible for, and shall be defended, indemnified, held harmless and released by each Winner against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of a prize. Furthermore, each Entrant, as a condition of participating in the Contest, agrees to release, defend, indemnify and hold harmless the Released Parties from and against any injuries, death, losses, costs, expenses, damages, claims, judgments, causes of action and any liability of any kind in connection with, resulting from or arising from the Contest, participation in the Contest, including without limitation, acceptance, receipt, delivery, possession, use, misuse, inability to use, defect or nonuse or loss of the prize that may be awarded. Released Parties shall not be liable to any Entrant, or any Winner or any other person for any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; or any other cause beyond Sponsor's sole control. By participating in the Contest each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against Sponsor, its parent(s) or subsidiaries, in connection with the Contest and (iv) to forever and irrevocably release, defend, indemnify, and hold harmless each of the Released Parties from any liability.
14. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually in Boulder County, Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees or court costs; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
15. Use and Transfer of Data . Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review Sponsor's privacy policy at http://www.crocs.com/privacy-security-policy/privacy-security-policy.html . By participating in the Contest, Entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy. Entrants located outside of the U.S. further consent to the transfer to the U.S. of all Entries and personal information collected by Sponsor as part of the Contest, as well as the processing of such Entries and personal information in the U.S.
16. List of Winners . To obtain a list of Winners, send a self-addressed, stamped envelope by June 10, 2016 to: Byron Rawlings, Francis House, 11 Francis Street, London, sw1p 1DE (residents of Vermont are not required to include postage on the return envelope).
By freely entering the Contest, you, the Entrant, agree to every element, aspect, description, procedure, and definition within these Official Rules.