Sperry Top-Sider August 2012 Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. VOID WHERE PROHIBITED BY LAW. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS DEPEND ON NUMBER OF ENTRIES RECEIVED.
1. ELIGIBILITY. Sweepstakes entrants and prize recipients must be legal residents of one of the 50 United States (excluding Rhode Island, Alaska and Hawaii) or District of Columbia and at least 18 years old at time of entry to be eligible. Void in Rhode Island, Hawaii and Alaska, void outside the 50 United States and the District of Columbia, and void where otherwise prohibited by law. Officers, directors and employees of Sperry Top-Sider LLC, and its parent companies, divisions, subsidiaries and affiliates, agents, employees, advertising, promotional and judging agencies, and any other entity or persons that develops, produces or distributes materials for or related to this Sweepstakes (collectively, “Released Entities”), 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 Released Entities, 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.
2. SWEEPSTAKES SPONSOR and ADMINISTRATOR: Sperry Top-Sider, LLC, 191 Spring Street, P.O. Box 9191, Lexington, MA 02420-9191.
3. SWEEPSTAKES PERIOD; HOW TO ENTER: This Sweepstakes begins at 12:01 AM Eastern Daylight Time ("EDT") on July 17, 2012 and ends at 11:59:59 PM EDT on August 15th, 2012 (the “Sweepstakes Period”). To enter, go to http://www.sperrytopsider.com/store/SiteController/sperry/US_Sail_Sperry?icid=AWT_TSr40 and follow the prompts to register. Registration requires you to provide your email address. Limit one entry per person per email address. Upon completion of registration, you will automatically be entered into the Sweepstakes drawing. Entries that are lost, late, illegible, incomplete, misaddressed, or misdirected are void. ALL ENTRIES MUST BE RECEIVED BY THE SWEEPSTAKES CLOSING DATE, 11:59:59 PM EDT on August 15th, 2012.
Entries through a Sweepstakes club or similar entity, or through use of an automated program, script, macro or use of any other devices is prohibited and may result in disqualification. By entering, you acknowledge compliance with, these Official Rules including all eligibility requirements, and the terms of use of the Website, as applicable. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules or the terms of use of the Website (see Website Terms and Conditions for complete terms), as applicable, and its decisions in this regard are final. Proof that you entered the Sweepstakes online does not constitute evidence that it was actually received by the Website host or the Sponsor by the appropriate deadline. Sponsor has no obligation to and will not advise any Participant of an incomplete or otherwise non-compliant entry. Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected entries, which will be disqualified. Website’s host computer is the official timekeeper for the Sweepstakes. Except where prohibited, Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Sweepstakes as a condition to receive any prize for which Participant may be eligible to win. All entries become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The "authorized account" holder is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.
4. WINNERS SELECTION, NOTIFICATION AND ODDS:
Three (3) Sweepstakes Winners: Three (3) potential winners will be randomly drawn from all eligible entries received during the Sweepstakes Period on or about http://www.sperrytopsider.com/store/SiteController/sperry/US_Sail_Sperry?icid=AWT_TSr40 by the Sponsor/Administrator, whose decisions are final and binding on all matters relating to the drawings. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Potential winners will be notified by e-mail within approximately fourteen (14) days of being selected as a potential winner. Winners may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (“Release”) within fourteen (14) days. Failure to return the Release within the required time period, or failure to execute the Release, will result in that potential Winner’s disqualification and an alternate potential Winner selected based on the criteria herein. Return of any prize as undeliverable will similarly disqualify that potential Winner and an alternate potential Winner will be selected based on the criteria herein.
Decisions made by the Sponsor and Administrator in all matters relating to this Sweepstakes are final. Sponsors and Administrator is not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this promotion based upon such errors or other reasons at their sole discretion without liability.
5. PRIZES:
THREE (3) GRAND PRIZES: Each winner will each receive one pair of Sperry Top-Sider footwear of the winner’s choice (subject to availability), having a retail value of up to $200. Approximate Retail Value (“ARV”) of each prize is $200. The total ARV of the prize pool is $600.
6. GENERAL PRIZE TERMS AND CONDITIONS: All Winners are required to comply with any and all applicable federal, state, province and local laws, rules and regulations. Prizes are not transferable, or redeemable for cash. There are no substitutions unless specified or approved by the Sponsor. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the prize won, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated “ARV” of the prizes is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. All prizes claimed in accordance with these Official Rules will be awarded and distributed within seven (7) weeks of Winner verification. Winner may be required to complete and return an Affidavit of Eligibility/Liability and Publicity Release within fourteen (14) days, along with a shipping address, desired footwear style and size. Winner may be required to send a copy of their passport, driver’s license or birth certificate as proof of age. The Sweepstakes Entities (as defined hereinafter) are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners. A properly claimed prize will be awarded subject to these Official Rules. 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.
Each Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor, and its agents 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.
7. 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 Participants’ 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 Participants 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 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. In no event shall any more than the stated number of prizes be awarded, even if error of any kind results in more than the intended number of prize notifications being distributed or received. 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 WEB SITE 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 Participant determined to be involved in such prohibited activity will not be eligible to receive a prize in this Sweepstakes..
9. GENERAL: Except and to the extent prohibited by law, by entering this Sweepstakes entrants and Prize Winners: (1) agree to be bound by these official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding, and any terms and conditions of use and privacy policies contained on the site(s) connected with this Sweepstakes; and (2) agree to release Sperry Top-Sider LLC, its parents, affiliates and subsidiary companies, advertising and promotion agencies, and the officers, directors, employees and agents of each of them (individually and collectively for the purposes of this paragraph (“Sweepstakes Entities”) from and against all liability, claims, action or proceedings related to this Sweepstakes and their participation therein, and from injuries or damages relating to acceptance or use of the prize, except and to the extent that such injuries or damages are directly caused by a Sweepstakes Entities’ gross negligence. Prize acceptance further constitutes Winner’s agreement that the Sweepstakes 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, unless prohibited by law.
10. GOVERNING LAW/DISPUTE RESOLUTION: Except where prohibited, each Participant agrees that this Sweepstakes shall be governed by and construed in accordance with, the laws of the Commonwealth of Massachusetts., without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Participants 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 Participant or Sponsor, by arbitration and 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 Participant. 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 PARTICIPANT 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 PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both the Participant 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 Participant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the Participant 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.
11. WINNERS LIST: To obtain a Winners List, send a self-addressed, stamped legal size envelope after September 5, 2012 and no later than September 26, 2012 to: Sperry Top-Sider Rule 40 Sweepstakes Winners List, 191 Spring Street, Lexington, MA 02421 or visit http://awt.sperrytopsider.com/sailing/experience/ between the above referenced dates. The names of the Winners may also be posted on Sponsor’s social media websites between the above-referenced dates.
12. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Web Site, these are the Official Rules to be abided by.