The Spirit Riding Free Sweepstakes. Rules and Regulations

Transcription

1 The Spirit Riding Free Sweepstakes Rules and Regulations 1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING: The Spirit Riding Free Sweepstakes (the Sweepstakes ) is sponsored by Rocky Brands, Inc. (together with its divisions, affiliates, officers, subsidiaries, agents and employees, Sponsor ), having its principal place of business at 39 E Canal Street, Nelsonville Ohio The Sweepstakes entry period begins on August 8, 2017, at 12:00 a.m. Eastern Time ( ET ) and ends on October 8, 2017 at 11:59 p.m. ET (such period, the Entry Period ). DreamWorks Animation, L.L.C. is not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes or the selection of winners. By entering the Sweepstakes, each entrant agrees to be bound by these rules and the decisions of Sponsor, whose decisions are final and binding in all respects. How to Enter/Odds: To enter the Sweepstakes visit (the Sweepstakes Site ) during the Entry Period. The Sweepstakes Site's database clock will be the official timekeeper for this Sweepstakes. All of the Sweepstakes information will be posted at the Sweepstakes Site throughout the Entry Period. To enter, each entrant will be asked to complete and submit an official entry form, which may require, among other things, his/her name, address, gender, date of birth and related registration information as prompted (the Official Entry Form ). A random drawing from all eligible entries will take place following the conclusion of the Entry Period. Entrants may enter only three times during the Entry Period. Once via website form, once via completing the quiz following website form submission, and once for completing an order during the Entry Period on Limit of three (3) entry per person and/or per address and/or per household. Duplicate entries from the same person and/or address and/or household will be automatically eliminated. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the holder of the account attributed to the applicable entry. If such a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Entries must be received by the end of the Entry Period. Any Official Entry Forms received after the end of the Entry Period, will not be included in the drawing and shall be disregarded. The above-noted Entry Period deadline is final. Many will enter, five (5) will win. Odds of winning depend on the number of eligible entries received. 2. ELIGIBILITY: This Sweepstakes is open to any individual who, as of the beginning of the Entry Period (a) is a legal resident of the continental United States (excluding Alaska, Hawaii, Rhode Island, Guam, Puerto Rico, and all other U.S. territories and possessions) (the Eligibility Area ); (b) is eighteen (18) years of age or older; (c) has access to the Internet; and (d) is a registered user of Durango Boots. Employees of Rocky Brands, Dreamworks Animation LLC or Delta Vacations, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of Sponsor, DreamWorks Animation, L.L.C. Corporation and each of their respective parent companies, divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the Sweepstakes Providers ), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.

2 3. PRIZES: One (1) Grand Prize is available. The Grand Prize consists of: four (4) pair of Durango Boots from durangoboots.com (one pair for each of the four [4] airline ticket holders), four (4) round-trip airline tickets, hotel residence for four (4) with a maximum stay of 5 days, 4 nights, and ground transportation to and from the airport for four (4). Total value of the Grand prize is $ Four (4), Secondary Prizes are available. The Secondary Prizes consist of a certificate valid for one (1) free pair of Durango Boots from durangoboots.com. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (and the reporting consequences thereof) and any other fees or costs associated with the prizes described above are the sole responsibility of the winners. All prizes set forth herein are subject to certain restrictions and qualifications of the Sweepstakes Providers. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Sweepstakes Providers' sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that Rocky Brands and Sweepstakes Providers retain the right to substitute a prize of equal or greater retail value for any reason. All prizes set forth herein are subject to certain restrictions and qualifications of the Sweepstakes Providers. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Sweepstakes Providers' sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and nonexchangeable. No substitutions or cash redemption of prizes are permitted except that Rocky Brands and Sweepstakes Providers retain the right to substitute a prize of equal or greater retail value for any reason. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (and the reporting consequences thereof) and any other fees or costs associated with the prizes described above are the sole responsibility of the winners. 4. PRIZE DRAWING: The potential prize winners will be selected in a random drawing from all eligible entries received during the Entry Period that are otherwise eligible for the drawing. The drawing will be held on or about April 10, The drawing will be conducted by Sponsor whose decisions are final and binding on all aspects of this Sweepstakes. The potential prize winners will be notified on or about October 10, by using the address provided at the time of entry. Sponsor is not responsible if any potential winner notification is not received for any reason. Failure of the potential prize winners to respond within three (3) days from such notification referred to above may result in forfeiture of the applicable prize and the selection of an alternate prize winner. Alternate prize winners will be selected in the event a prize cannot be awarded to the potential prize winners drawn. In the event of noncompliance with these Official Rules by a potential prize winner, alternate prize winners may be selected. Sponsor will successively attempt to contact up to two (2) potential winners of each prize in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, the applicable prize may go unawarded. Each potential prize winner (or his or her parent or legal guardian if such potential winner is not of the legal age of majority in his or her state of residence) and his/her guest will be required to execute and return an Affidavit of Eligibility/Liability Release and (where legal) a Publicity Release (collectively, Prize Claim Documents ) within three (3) days of receipt of such Prize Claim Documents, or the applicable prize may be forfeited in its entirety and an alternate winner may be selected.

3 5. CONDITIONS, DISCLAIMERS, FORCE MAJEURE AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these rules and regulations and by all decisions of Sponsor (whose decisions are final and binding on all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure and fulfillment), and to comply with all federal, state and local laws and regulations. In the event of non-compliance, the potential winner will be disqualified and alternate prize winners may be selected. Entries and other submitted materials become the property of Sponsor and/or its promotional partner(s) and will not be acknowledged or returned. Neither Sponsor nor Internet access providers are responsible for incomplete, late, lost, misdirected or postage-due mail or for any technical malfunction, human or other error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, produced by automated/programmed or like process (i.e., other than by being manually keystroked by entrant), irregular in any way, or otherwise not in compliance with these rules and regulations. The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, the Sweepstakes Providers are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent these rules and regulations or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sweepstakes Providers are not responsible for injury or damage to entrant s or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or any Sweepstakes- or prize-related activity or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select winners from among all eligible non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or by some other means deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on the Sweepstakes Site. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sweepstakes Providers control (each a Force Majeure event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. Proof of submitting entry will not be deemed receipt of such entry by Sponsor. All taxes (including without limitation Federal, state and local taxes) in connection with any prize, and the reporting consequence thereof, are the sole responsibility of the prize winners. You are not a winner until your submissions are validated. Failure to complete, sign and return all

4 required Prize Claim Documents within five (5) days of delivery to the potential winner's claimed address or return of prizes as undeliverable may result in forfeiture of the applicable prize, disqualification and selection of an alternate winner, at the sole discretion of Sponsor. By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use by the Sweepstakes Providers of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and the potential winner may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential prize winners agree to grant to the Sweepstakes Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winners respective name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion. Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SWEEPSTAKES PROVIDERS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON- INFRINGEMENT. 6. CONDUCT: THE RULES AND REGULATIONS WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. SPONSOR RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF SPONSOR, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN VIOLATION OF THE RULES AND REGULATIONS OR THE SWEEPSTAKES SITE S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE RULES AND REGULATIONS; OR TO BE IN VIOLATION OF THESE RULES AND REGULATIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE RULES AND REGULATIONS AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE

5 ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. 7. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. 8. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. 9. GOVERNING LAW/DISPUTE RESOLUTION: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of Florida (as distinguished from the choice of law rules) applicable to contracts made and performed entirely in Florida and where the relevant contacts are with such state. Except where prohibited, by participating in the Sweepstakes, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any entrant and/or Sponsor shall be filed exclusively in the courts of Palm Beach County, Florida and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any entrant and/or Sponsor shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees; and (d) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

6 10. ARBITRATION DISCLOSURE: By participating in this Sweepstakes, all participants agree that any and all disputes they may have with, or claims they may have against, Sweepstakes Providers relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of prizes, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by private, final and binding arbitration administered by the National Arbitration Forum (the Forum ) pursuant to the Forum's Code of Procedure and in accordance with the arbitration provision below. 11. ARBITRATION PROVISION: By participating in this Sweepstakes, each participant agrees that: (1) Any claim, dispute, or controversy (whether in contract, tort, otherwise) that they may have with, or claims they may have against, Sweepstakes Providers arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by private, final and binding arbitration administered by the Forum and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (2) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ( FAA ), 9 U.S.C. 1-16; (3) The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for participant), or at such other location as may be mutually agreed by the participant and Sweepstakes Providers; (4) The arbitrator s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) The arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant s and/or Sweepstakes Providers individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against the participant or Sweepstakes Providers; (8) In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sweepstakes Providers exceed $125, and the participant is unable (or not required under the applicable Code of Procedure) to pay the additional fees and deposits, Sweepstakes Providers agree to pay them and/or forward them on the participant s behalf, subject to ultimate allocation by the arbitrator. In addition, if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sweepstakes Providers will pay as much of the participant s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being costprohibitive; and (9) If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN MISCELLANEOUS: (a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify

7 any date(s) or deadline(s) set forth in these rules and regulations or otherwise governing the Sweepstakes. (b) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these rules and regulations and Sponsor s Privacy Policy (as may be amended from time to time), currently located at provided, that in the event of any conflict between these rules and regulations and such Privacy Policy, the terms and conditions of these rules and regulations shall prevail. By entering this Sweepstakes, you agree that Sponsor may share your personal information with the Sweepstakes Providers for the purpose of prize fulfillment in the event that you are chosen as a potential winner. Additionally, by opting in to a specific offer by a Sweepstakes Provider, you agree to receive additional communications from such Sweepstakes Provider and your personal information shall be governed by its privacy policy and terms of service. (c) Severability; Headings: If any provision of these rules and regulations is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these rules and regulations and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these rules and regulations solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these rules and regulations or any provision hereof. (d) Winners: For any legally-required list of winners, send a self-addressed stamped envelope after April October 910, , to: Winners List, Spirit Riding Free Sweepstakes, Rocky Brands, Inc., 39 E Canal Street, Nelsonville Ohio Requests for Winners List must be received within six (6) weeks following the end of the Entry Period. WA and VT residents may omit return postage. (e) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, Spirit Riding Free Sweepstakes, Rocky Brands, Inc., 39 E Canal Street, Nelsonville Ohio Requests for Official Rules must be received no later than the end of the Entry Period. WA and VT residents may omit return postage.