VIBRAM FIVEFINGERS® Halloween Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. The Contest Generally
This Contest is in no way sponsored, endorsed, or administered by Facebook or Instagram LLC.
The Contest will be open for submissions beginning at 12:01 a.m. Eastern Daylight Savings Time (“EDT”) on Thursday, October 18, 2017, and ends at 11:59 p.m. EDT on Wednesday, November 1, 2017 (the “Contest Period”). Submissions will be posted in an album on Vibram FiveFingers Facebook page, click here https://www.facebook.com/VibramFiveFingers, and voting will be opened at 12:00 p.m. Eastern Standard Time (“EST”) on Thursday, November 2, 2017 Eastern Standard Time (EST), and end at 11:59 p.m. EST on Sunday, November 5, 2017 EST (the “Voting Period”).
One (1) First Place Winner will receive a $250 gift card redeemable at www.vibram.com.
One (1) Second Place Winner will receive a $150 gift card redeemable at www.vibram.com.
One (1) Third Place Winner will receive a $100 gift card redeemable at www.vibram.com.
(Jointly, the “Winners”)
Prizes will be distributed no later than December 1, 2017.
4. Prize Limitations
Prizes cannot be substituted, assigned, transferred, or redeemed for cash. Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Winners of any Prize are responsible for any income, sales or other taxes that may apply.
5. Winners List and Official Rules
Official Rules shall be posted at http://us.vibram.com/2017-halloween.html. A list of winners and/or the Official Rules may also be obtained by sending a written request for the list of rules and winners to Vibram at: Vibram USA, 9 Damon Mill Square, Suite H3, Concord, Massachusetts 01742, United States of America.
6. Electronic Communications
By submitting your photo (“Submission” or “Contest Entry”), you are representing that you are 18 years of age or older and you agree to do business with Vibram electronically. By agreeing to do business electronically, you (i) consent to the electronic communication (including but not limited to via email and/or the Facebook Platform) and delivery of all documents related to the Contest, and all other services provided by Sponsor, (ii) agree that your act of submitting your Contest Entry constitutes your consent to these Official Rules, (iii) represent that you have Internet access and a valid email address enabling you to receive communications and documents electronically, (iv) represent that you have a valid Facebook and/or Instagram account, and (v) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records. This consent is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of these Official Rules at any time by contacting us as set forth below. We will send you a confirmation notice once we have processed your change request.
7. Error Correction
Vibram reserves the right to correct or change any and all printing, typographical, mechanical, or other technical errors relating to these Official Rules or to the Contest. If because of a printing or other technical error, or for any other reason, more prizes are claimed than the number set forth in these Official Rules, a random drawing will be held among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Only the numbers of prizes stated in these Official Rules are available to be won in the Contest.
Except where void, the Contest is open to persons 18 years of age or older as of the date of entry, who are permanent legal residents of the 50 states of the United States and the District of Columbia (but not other United States territories, possessions, or military bases) and who are physically located and legally residing therein. Entrants must have either a valid social security number or a valid U.S. personal tax identification number. The Contest is subject to all federal, state, and local laws and regulations and is void where prohibited, taxed, or restricted by law. Employees, officers and directors and their immediate families (spouses, parents, siblings and children and those living in the same households) of Vibram USA Inc., and its respective affiliates, subsidiaries, consultants, contractors, legal, advertising, public relations, promotional, fulfillment, and marketing agencies, and web site providers/web masters, are not eligible to participate.
You can enter the Contest by emailing your Contest Entry to email@example.com, the email must include your full name and attach the photograph for entry in a .jpg, .png, or .gif format, and be no larger than 2 MB. You can also enter the Contest by posting your Contest Entry through the Facebook Platform or the Instagram Platform. Please be sure to tag Vibram FiveFingers (see https://www.facebook.com/VibramFiveFingers or https://instagram.com/vibramfivefingers/) and include the hashtag #VibramHalloween (the “Hashtag”) on your Contest Entry when submitting the entry through Facebook or Instagram. Submissions via Facebook or Instagram which do not tag Vibram FiveFingers and include the Hashtag will not be considered. All entries must be received by Sponsor on or before 11:59 p.m. EDT, November 1, 2017. Online entries will be deemed made by the authorized account holder of the Facebook, Instagram, or the email account used to submit your Contest Entry. By submitting your Contest Entry, you understand and acknowledge that the photograph and certain identifying information will be posted on a publically available website, this includes Submissions made via email. Limit one (1) entry per person, regardless of method of entry. The use of automatic or robotic entry devices is strictly prohibited.
10. Eligible Submissions
To be eligible for the Contest, the subject matter of your Submission must be a photograph of Entrant wearing a costume that incorporates Vibram FiveFingers or Furoshiki. Photographs must be submitted in a .jpg, .png, or .gif format and must be no larger than 2MB and must include Entrant wearing a costume that incorporates Vibram FiveFingers or Furoshiki footwear. By submitting a Contest Entry, you represent and warrant that the photo submitted does not violate or infringe upon any other person’s intellectual property rights, including without limitation copyright, an individual’s right to privacy or right of publicity. You are solely responsible for your own Submission and the consequences of submitting your Contest Entry to Sponsor, as well as the consequences of having your Submission posted or otherwise made public. If Sponsor receives any complaints, demands, claims, allegations, or lawsuits as a result of use of your Submission or personal information as permitted in these terms or as a result of your violation of the representations and warranties above, you will be responsible for indemnifying and holding Sponsor harmless from such complaints, claims, allegations, or lawsuits and all costs, damages, and expenses related to the same (including any attorneys’ fees).
Please exercise discretion before entering your Submission. Your Submission may be posted on the Internet on a publicly available website. As a result, please use discretion in disclosing any personal information in your Submission. Your Submission must also comply with the following:
· Submission should only relate to Entrant wearing a costume which incorporates Vibram FiveFingers or Furoshiki footwear;
· Submission must include Entrant in the photograph, and may include others provided that permission has been obtained from other individuals shown in the photograph and that Entrant is identified or tagged;
· Submission cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, profane or pornographic, or contain nudity;
· Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
· Submission cannot be obscene or offensive, or endorse any form of hate or hate group;
· Submission cannot defame, misrepresent, or contain disparaging remarks;
· Submission cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as personal names, without prior express written permission;
· Submission cannot violate or infringe upon any other person’s intellectual property rights, including without limitation an individual’s right to privacy or right of publicity;
· Submission cannot contain materials owned by or proprietary to others (including photographs or text) without express prior written permission from the owner;
· Submission cannot contain any license plate numbers, telephone numbers, e-mail addresses, or street addresses;
· Submission cannot depict, and cannot itself, be in violation of any law.
· Submissions must not include contains viruses or other harmful items.
· Submissions cannot have a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
· You may not impersonate any other person in providing Sponsor your Submission.
Vibram reserves the right to disqualify entrants if Vibram deems the content of the photograph or story submitted to be inappropriate for any reason. Submissions that fail to comply with the above will not be considered for posting on Vibram.com or Sponsor’s Social Networking Pages and may be disqualified from the Contest by Sponsor. Even in the event that your Submission is posted on the Vibram.com website or Sponsor’s Social Networking Pages, Sponsor reserves the right, in its sole and absolute discretion, to remove any posted Submission at any time, without notice, for any or no reason.
11. Intellectual Property
12. Affidavit of Eligibility and Publicity Release
Where permitted by law, by entering the Contest, the winners grant to Vibram (which grant shall be confirmed in writing on request), and Vibram's subsidiaries, affiliates and those acting pursuant to their authority, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web and the Internet, at any time or times, the winners' names, portraits, pictures, voices, likenesses, city and state of residence, and biographical information, for advertising and promotional purposes without additional consideration. Except where prohibited by law, winners will be required to sign an Affidavit of Eligibility and Release or forfeit the prize. Failure to comply, or return any required releases and related documentation, may result in forfeiture of the prize.
Sponsor assumes no responsibility and is not liable for Submissions that are lost, delayed, late, misdirected, illegible, or incomplete, and Sponsor assumes no responsibility and is not liable for system errors and failures, mechanical equipment malfunctions, viruses, hacker attacks, faulty transmissions, or other telecommunications malfunctions, and for any typographical or other error in the printing, offering, or announcement of the Contest or the Prize. Sponsor reserves the right, at its sole discretion to cancel, terminate or suspend the Contest, if the Contest becomes corrupted in any manner, or if any unauthorized intervention or other cause beyond the control of the Sponsor affects the administration or proper play or conduct of the Contest, and to select the Winner from all eligible entries received prior to the corruption, in the manner described in Paragraph 14 below. By entering this Contest, you agree to be bound by these Official Rules and the decisions of the Sponsor.
14. Winning Entry
Submissions accepted by Vibram will be posted into an album entitled “Vibram Halloween Costume Contest 2017” on the Vibram FiveFingers Facebook page (the “Facebook Page”) at https://www.facebook.com/VibramFiveFingers on Thursday, November 2, 2017 by 12:00 p.m. EST. The Facebook Page, “Vibram Halloween Costume Contest,” and all Submissions will be public. During the Voting Period all members of the Facebook Page will be entitled to vote by “liking” their favorite photo. Voting should be based on the creativity of the costume, though Vibram has no control over the criteria being applied by the voting members of the Facebook Page. The Voting Period will end on November 5, 2017 at 11:59 p.m. EST. Once the Voting Period concludes, the Submission with the most “likes” will be deemed the First Place Winner, the Submission with the second most “likes” will be deemed the Second Place Winner, and the Submission with the third most “likes will be deemed the Third Place Winner.
In the event of a tie in number of “likes” for a given prize (the “Tie”), prizes for that place will be awarded to each Submission subject to the Tie.
All decisions by Vibram in relation to the Contest and awarding of the Prizes are final and binding.
Odds of winning depend upon the total number of eligible entries received as well as the creativity of the costume in the opinion of the members of the Facebook Page who vote.
The Winners will be announced by Sponsor on the Sponsor’s Facebook Page at https://www.facebook.com/VibramFiveFingers and Instagram Page at https://instagram.com/vibramfivefingers/ on November 6, 2017 by 3:00 p.m. EST, with reference to the personal identifiable information associated with the Social Network account used for the Submission or in the case of an email Submission, the name provided in the email Submission. Sponsor will also make an attempt to contact Winner through that account and/or via the email address provided with the Contest Entry. A person’s first and last name, phone number, and mailing address will be required in order to receive the prize. Failure to respond to prize notification and/or announcement within seven (7) calendar days of the announcement will result in forfeiture of the Prize. In the event of prize forfeiture by a Winner, Sponsor will select an alternative winner (the “Alternative Winner”) using the same criteria described above, so that the next winner will receive the higher prize (for example, if the first place winner forfeits the prize, the second prize winner will receive the first place prize, the third place winner will receive the second place prize, and an Alternative Winner for the third place prize will be selected), unless there is a tie for the prize forfeited, in which case the prize will be awarded to the remaining winners for that prize. The original prize winner will forfeit all rights and have no further rights to any prize nor any claims against Vibram based on the forfeiture of their winnings. Return of prize or winner notification as undeliverable, failure to respond to notification, failure to reach the winner and/or failure to provide required information, proof of eligibility and release(s) in a timely manner may result in disqualification and selection of an alternate winner using the same criteria describe above.
15. Release and Limitations of Liability
BY PARTICIPATING IN THIS CONTEST, YOU AGREE THAT VIBRAM AND ITS RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES AND AGENTS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES AND AGENTS, ADVERTISING OR PROMOTION AGENCIES AND LEGAL COUNSEL WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES, CLAIMS AND ACTIONS OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZES, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. VIBRAM IS NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO DELAYS OR INTERRUPTIONS DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. EXCEPT WHERE LEGALLY PROHIBITED. BY ACCEPTANCE OF PRIZE, WINNERS GRANT (AND AGREE TO CONFIRM THAT GRANT IN WRITING) PERMISSION FOR VIBRAM AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES AND AGENTS AND THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES TO USE THEIR RESPECTIVE NAMES, PORTRAITS, PICTURES, STORIES, VOICES AND LIKENESSES, CITY AND STATE OF RESIDENCE, AND BIOGRAPHICAL INFORMATION, FOR ADVERTISING OR PUBLICITY WITHOUT ADDITIONAL COMPENSATION.
BY PARTICIPATING IN CONTEST, YOU AGREE THAT FACEBOOK, INSTAGRAM LLC AND THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES AND AGENTS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES AND AGENTS, ADVERTISING OR PROMOTION AGENCIES, AND LEGAL COUNSEL, SHALL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOUAGAINST ANY LIABILITY FOR, ANY INJURIES, LOSSES OR DAMAGES, CLAIMS, AND ACTIONS OF ANY KIND TO PERSONS, INCLUDING DEATH OR PROPERTY DAMAGE, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.
16. General Terms
By entering the Contest, you agree to be bound by the Official Rules and decisions of Vibram, which shall be final on all matters pertaining to the Contest and the awarding of prizes thereunder. Vibram and its agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotions, and fulfillment agencies and legal advisors are not responsible for and shall not be liable for: (1) lost or late, damaged, misdirected, incomplete, illegible, or unintelligible entries; (2) problems caused by telephonic, electronic, hardware, software programs, networks, the internet, viruses, worms, Trojan horses, hacking, malware, or computer malfunctions, failures, errors or difficulties of any kind or manner; (3) failed, incomplete, or delayed computer transmission; (4) any condition caused by events beyond control of Vibram that may cause the Contest to be disrupted or corrupted. This Contest is governed by the laws of the United States. All Federal, state and local laws and regulations apply.
SPONSORED BY: Vibram USA Inc., 9 Damon Mill Square, Suite H3, Concord, Massachusetts 01742, United States of America - www.vibram.com/. Send Winner list requests to: Vibram USA Inc., attn.: Jill Dreyer, 9 Damon Mill Square, Suite H3, Concord, Massachusetts 01742. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc., or Instagram, LLC.
Vibram shall not be liable for technical, pictorial or typographical, or editorial errors or omissions contained herein.
Vibram®, FiveFingers®, and other trademarks or logos used herein are trademarks of Vibram and/or other companies in the United States and/or other countries.