Sperry Top-Sider LLC
The “Gray Malin x Sperry” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
I. SWEEPSTAKES PERIOD: The Sperry Top-Sider “Gray Malin x Sperry” Sweepstakes (the “Sweepstakes” or “Promotion”) begins on Monday, March 9, 2015, at 12:00:01 AM Eastern Time (“ET”) and ends on Friday, March 13, 2015 at 11:59:59 PM ET (the “Sweepstakes Entry Period”). The computer clock of Sponsor’s web-master is the official timekeeping device of the Sweepstakes.
II. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and District of Columbia (“D.C.”), who are thirteen (13) years of age or older at time of entry. Officers, directors and employees of Sperry Top-Sider (“Sponsor”), Wolverine World Wide, Inc., their divisions, subsidiaries and affiliates, and the agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to this Sweepstakes (collectively, “Sweepstakes Parties”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. HOW TO ENTER THE SWEEPSTAKES:
During the Sweepstakes Entry Period, a consumer (“Participant” or “You”) is invited to visit http://www.sperrytopsider.com (the “Website”), click on “Enter Now” and follow the prompts to register full name, address, phone number, email address and date of birth. Upon completion of entry, each Participant is automatically entered into the Sweepstakes. Limit one entry using this method of entry.
In addition to entering directly through the Website as set forth above, you have the opportunity to receive additional entries into the Sweepstakes by referring friends to enter the Sweepstakes. Specifically, you will receive one (1) additional entry each time that someone to whom you referred the Sweepstakes enters the Sweepstakes. NO LIMIT ON NUMBER OF REFERRAL ENTRIES.
IV. WINNERS DRAWING, NOTIFICATION AND ODDS: On or about March 16, 2015, One (1) Grand Prize Winner will be chosen in a random drawing from among all eligible entries received during the applicable Sweepstakes Entry Period by Sponsor, whose decisions are final and binding on all matters relating to the drawings. The potential Winner will be notified by phone and e-mail on or about March 31, 2015. The potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of Sponsor’s first attempted notification of the prize or that potential Winner will be disqualified and an alternate potential Winner will be selected based on the criteria herein. Return of any prize as undeliverable will similarly disqualify a potential Winner and an alternate potential Winner will be selected based on the criteria herein. Sweepstakes Winners may be featured on www.sperrytopsider.com. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period.
• One (1) Grand Prize Winner will receive one (1) pair of women’s or men’s shoes at an Approximate Retail Value (“ARV”) of up to $200.00 for each pair of shoes and one (1) Gray Malin Print at an Approximate Retail Value (“ARV”) of up to $1000.00 for each pair of shoes. Contact information will be provided to the Grand Prize Winner. All shoes are subject to availability. Total of Grand Prize Approximate Retail Value (“ARV”) is up to $1,200.00.
The Total ARV of the Prize Pool is $1,200.00 (USD). *Prize includes only adult shoes. Prize excludes all “kids shoe” products.
VI. PRIZE TERMS & CONDITIONS: Each Winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of the prize. The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. If any of the potential Winners are found to be ineligible, or if he or she has not complied with these Official Rules, or if any potential Winner 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 ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
The Sweepstakes Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners. All properly claimed prizes will be awarded. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. All decisions by Sponsor as to prizewinner and prizes are final. Total Prize Approximate Value is $1,200.00 USD.
By accepting the prize, the Winner shall immediately release the Sponsor, its members, officers, employees, agents, successors and assigns and its franchisees (Refer to Section IX), for, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in any part, directly or indirectly, from acceptance, possession, use or misuse of prize offered, or participation in this Sweepstakes. Each Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
VII. OPT-IN: By participating, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. You are authorizing the Sponsor to send you emails as entered on entry form, about its products and services. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in any e-mail. You will remain eligible for this Promotion whether or not you opt out of receiving promotional e-mails from Sponsor.
VIII. ENTRY ERRORS/TAMPERING: Sponsor is not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize/prize Winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to randomly select the winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Any entrant determined to be involved in such prohibited activity will not be eligible to receive a prize in this Sweepstakes.
IX. RELEASES: Except where prohibited by law, participation in this Contest and Sweepstakes constitutes each participants agreement to hold harmless the Released Entities from and against any injuries, losses or damages arising in any way from or in connection with their participation in these Promotions. Except where prohibited by law, acceptance of a prize constitutes Winner’s agreement to hold the Released Entities harmless from and against any injuries, losses or damages arising in any way from or in connection with their participation in these Promotions, the acceptance, possession or use of the prize, Released Entities reliance upon Winner’s compliance with these Official Rules, or Winner’s participation in prize related activities, and further constitutes Winner’s agreement that the Released Entities may use Winner’s name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
X. DISPUTE RESOLUTION: Except where prohibited, each Participant agrees that this Contest and Sweepstakes shall be governed by and construed in accordance with, the laws of the state of Michigan without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Entrants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the entrant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both the entrant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Sponsor and the entrant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
If arbitration is not used to resolve a Claim, the entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Entrant agrees that this Sweepstakes shall be subject to and governed by the laws of the State of Michigan, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Grand Rapids, Michigan.
XI. WINNERS’ LIST: For the names of the Winners send a self-addressed, stamped legal size envelope after March 15, 2015 and no later than March 28, 2015 to: Sperry Top-Sider “Gray Malin xSperry” Winners List, 191 Spring Street, Lexington, MA 02420. The names of the Winners may also be posted on Sponsor’s social media websites between the above-referenced dates.
XII. SPONSOR and ADMINISTRATOR: Sperry Top-Sider LLC, 191 Spring Street, Lexington, MA 02420