THE FOLLOWING CONTEST IS OFFERED ONLY IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”). VOID OUTSIDE THE 50 UNITED STATES/D.C., AND WHEREVER PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU WERE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF 6/2/08 AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ONE OF THE 50 UNITED STATES OR D.C. NOMINEE MUST ALSO MEET THE ELIGIBLITY CRITERIA STATED HEREIN. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
Outside Magazine/Crocs "Inspiring Soles" Contest ("Contest")
OFFICIAL RULES
NO PURCHASE NECESSARY. CONTEST IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS.
1. HOW TO ENTER THE CONTEST: The Contest begins at 12:00:01 a.m. Eastern Time (“ET) on 6/2/08and ends at 11:59:59 p.m. ET on 10/13/08 (“Contest Period”). To enter the Contest, submit the following: (1.) a color photo (digital or scanned) as a JPEG or GIF file (400k or less) of the subject of the essay and (2.) an original essay (English only) of no less than 100 words and no more than 250 words that nominates a person ("Nominee") who the Nominator ("Nominator") feels deserves recognition for having completed or is in the process of completing an athletic endeavor that benefits a charitable organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (a “Nominee Organization”). Nominee must also meet the eligibility criteria stated herein. Essay should describe the subject of the essay, the Nominee Organization that they represent, and the athletic endeavor of the subject that benefits the Nominee Organization. A prize will only be awarded to a winning Nominee (except for a donation to a Nominee Organization (or an alternate organization), which will be paid directly to the Nominee Organization (or alternate organization); see prize description in Rule #3 below) . Nominator will not receive a prize. Nominator may nominate himself/herself. Photos are required but will not be factored into Phase 1 judging (see Rule #2 below). Go to www.InspiringSoles.com and follow the on-screen instructions for submitting your photo and essay (“Entry”). Entry may be publicly displayed on Sponsor’s and/or Crocs, Inc.’s (“Crocs’”) websites, at Sponsor’s or Crocs sole discretion. Limit one (1) Entry per person/e-mail address for entire Contest Period. Submitted Entries will not be acknowledged or returned except as provided herein. Entries must be received/uploaded no later than 11:59:59 p.m. ET on 10/13/08. Entries must be completed in one session, as Nominators will not have the ability to revisit the web site at a later time to complete entry. Sponsor and Crocs assume no responsibility for lost, late, damaged, misdirected, illegible, or incomplete Entries or other contest materials, all of which are void. Entry may not depict any intellectual property of third parties, including copyrighted material or third-party trademarks and Nominator must have permission from any person whose name or likeness is used in Entry. Entry must be suitable for publication at Sponsor’s sole discretion. Any Entry containing dangerous, obscene, indecent, violent, sexually explicit, discriminatory or other morally or legally objectionable depictions or material, in the opinion of the judges or Sponsor, will result in disqualification of the corresponding Entry and of the Nominator who submitted it. ENTRIES POSTED ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL NOMINATOR AND DO NOT REFLECT THE VIEWS OF THE SPONSOR OR CROCS IN ANY MANNER.
By participating in the Contest, each Nominator and Nominee fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor and its judges (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. All Nominators, Nominees, Nominee Organizations and entries are subject to verification by Sponsor.
2. JUDGING: Winners will be determined through judging conducted in two (2) phases.
In the first phase of judging, Phase 1, the judging panel will select the best essay from among all essays submitted during the specified time period below based on the following criteria: 50% relevancy to program/topic, 25% writing quality of essay, 25% commitment and support of the identified Nominee Organization. In the event of a tie, the entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. Subject to an entrant’s compliance with these Official Rules, the entrant whose essay was chosen will be one (1) of the five (5) Semi-Finalist Nominees in this Contest. Semi-Finalist Nominees will be determined in accordance with the following schedule:
Semi-Finalist Nominee Selection #1: One (1) Semi-Finalist Nominee will be selected on or about 6/20/08 from among all eligible entries received from 12:00:01 a.m. ET on 6/2/08 through 11:59:59 p.m. ET on 6/13/08.
Semi-Finalist Nominee Selection #2: One (1) Semi-Finalist Nominee will be selected on or about 7/20/08 from among all eligible entries received from 12:00:01 a.m. ET on 6/14/08 through 11:59:59 p.m. ET on 7/13/08.
Semi-Finalist Nominee Selection #3: One (1) Semi-Finalist Nominee will be selected on or about 8/20/08 from among all eligible entries received from 12:00:01 a.m. ET on 7/14/08 through 11:59:59 p.m. ET on 8/13/08.
Semi-Finalist Nominee Selection #4: One (1) Semi-Finalist Nominee will be selected on or about 9/20/08 from among all eligible entries received from 12:00:01 a.m. ET on 8/14/08 through 11:59:59 p.m. ET on 9/13/08.
Semi-Finalist Nominee Selection #5: One (1) Semi-Finalist Nominee will be selected on or about 10/20/08 from among all eligible entries received from 12:00:01 a.m. ET on 9/14/08 through 11:59:59 p.m. ET on 10/13/08.
After all Semi-Finalist Nominees have been selected, the judging panel will then judge and score all the Semi-Finalist Nominee essays against each other in accordance with the judging criteria described above and rank the Semi-Finalist essays in order from one (1) to five (5), with the best essay being ranked number one (1). In the event of a tie, the entries involved in the tie will be re-judged and ranked by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. Essay number (1) will receive fifty (50) points, essay number 2 (2) will receive forty (40) points, essay number three (3) will receive thirty points, essay number four (4) will receive twenty (20) points, and essay number five (5) will receive ten (10) points. These points will not be disclosed in the online voting in Phase 2, but will be combined with Phase 2 online voting scores to determine the Grand Prize winner as described below.
Phase 2 Judging: Beginning at 12:00:01 a.m. ET on 11/20/08 through 11:59:59 p.m. ET 1/10/09, the Five (5) Semi-Finalist Nominee Entries selected in Phase 1 judging will be posted online at www.InspiringSoles.com and may be voted upon by eligible, registered, users of www.InspiringSoles.com. You may vote for one (1) of the five (5) Semi-Finalist Nominee entries by following the onscreen instructions for casting your vote. Online voting will begin at 12:00:01 a.m. ET on 11/20/08 and end at 11:59:59 p.m. ET on 1/10/09. Limit: one (1) vote per person/household/email address. Voters must be 18 years of age or older and a legal residents of the 50 United States or the District of Columbia. Any attempt by a Semi-Finalist Nominee and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Semi-Finalist Nominee in its reasonable discretion.
Online Voting Scores: The Semi-Finalist Nominee Entry receiving the highest number of online votes will receive 50 points. The Semi-Finalist Nominee Entry receiving the second highest number of online votes will receive 40 points. The Semi-Finalist Nominee Entry receiving the third highest number of online votes will receive 30 points. The Semi-Finalist Nominee Entry receiving the fourth highest number of online votes will receive 20 points. The Semi-Finalist Nominee Entry receiving the fifth highest number of online votes will receive 10 points.
Combination of Scores; Selection of Grand Prize Winner: The judges’ scores from Phase 1 Judging will be added to the scores from the online voting. The Semi-Finalist Nominee entry receiving the highest number of points will be deemed the Grand Prize winner (subject to verification). In the event of a tie, the entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above in Phase I Judging. Judging of all entries will be completed on or about 1/24/09.
Judges: Judging in the Contest will be by a panel of individuals (and tiebreaker judge, if applicable) who are experienced in athletics and/or community volunteerism, which individuals shall be selected by Sponsor and who may also be employees, agents or representatives of Sponsor and Crocs.
3. PRIZES: Subject to the terms and conditions of these Official Rules, Five (5) Semi-Finalist Nominee Prizes and one (1) Grand Prize will be awarded in the Contest. Prizes will be awarded to winning Nominees, except for the donation and advertising components of a prize, as applicable. The donation portion of a the Semi-Finalist Prizes and Grand Prize will be paid directly by Crocs to the Nominee Organization (or alternate organization as described below), and the advertisement portion of the Grand Prize will be placed directly by Sponsor. Neither the Nominator or Nominee has any claim of any kind or nature to the donation or advertisement portions of the Semi-Finalist Prizes or the Grand Prize, and neither the Nominator or Nominee may claim any charitable or other deductions with respect to the donation or advertising portions of the Semi-Finalist Prizes and Grand Prize.
A Semi-Finalist Prize consists of and is limited to the following: one (1) $500 Crocs gift certificate redeemable for Crocs’ products (gift certificate subject to the terms, conditions and restrictions thereof). Additionally, Crocs will make one (1) $5,000 donation to the Nominee Organization identified in the Semi-Finalist Nominee Entry (or alternate organization as described below). Approximately retail value (“ARV”) of a Semi-Finalist Prize: $500.00 (not including the $5,000 donation, which will be made directly by Crocs as described below). Total ARV of all Semi-Finalist Prizes is $2,500.
One (1) Grand Prize: The winning Nominee ("Grand Prize Winner") will receive a grand prize which consists of and is limited to the following: (A) one (1) $500 Crocs gift certificate redeemable for Crocs’ products (gift certificate subject to the terms, conditions and restrictions thereof) and (B) a trip for two (2) persons to Santa Monica, California, which consists of and is limited to the following: (i) round-trip coach airfare for two (2) people between the United States major metropolitan airport closest to prize winner’s primary residence and a Los Angeles, California metropolitan area airport (airports, carrier, seating, and travel dates and times as determined by Crocs); provided, however, if the winner’s primary residence is within one hundred fifty (150) miles of the Los Angeles, California metropolitan area, the winner may not be awarded airfare but rather Crocs may, in its sole discretion, provide the winner and his/her companion round trip ground transportation instead of such round trip coach air transportation (ground transportation as determined by Crocs), and (ii) two (2) night stay at a hotel in the Santa Monica, California area (one (1) standard room with double occupancy; dates, hotel and room as determined by Crocs). Winner and companion must travel on the same itinerary and on dates and at times specified by Crocs. Winner and companion are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. All costs and expenses not specified herein, related to the Grand Prize or the use thereof, including but not limited to additional transportation costs, additional lodging, meals, taxes (including income taxes), gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner. Winner’s companion must, as of the date of travel, be a U.S. citizen or lawful permanent U.S. resident residing in the fifty (50) United States or the District of Columbia, who is eighteen (18) years of age or older. Winner’s companion must execute and deliver to Sponsor an Affidavit of Eligibility, Release of Liability/Publicity and Assignment of Rights in the form(s) provided by Sponsor by the date indicated for return on the document(s) prior to booking travel as a condition to use of any component of the prize. Trip must be booked with Crocs or its designee and must be taken and completed prior to December 31, 2009. Additionally, (I) Crocs will make one (1) $25,000 donation to the Nominee Organization identified in the Grand Prize Winner’s Semi-Finalist Nominee Entry (or alternate organization as described below), (II) Sponsor will place one (1) full page advertisement regarding such Nominee Organization (or alternate organization as described below) in Outside Magazine’s (tbd), 2009 issue free of charge, and (III) Sponsor will place one (1) advertisement (size to be determined by Sponsor) regarding the Grand Prize Winner in Outside Magazine’s April 2009 issue free of charge. ARV of the Grand Prize is $5,000 (not including the $25,000 donation, which will be made directly by Crocs as described below, or the advertisements, which will be placed directly by Sponsor). The Nominee Organization (or alternate organization) is responsible for providing its advertisement and it must comply with Outside Magazine guidelines and must be approved in advance by Outside Magazine; Outside Magazine reserves the right to reject any advertisement. In the event an advertisement is rejected, no compensation will be provided in lieu thereof.
The Nominee Organization is subject to verification and approval by Sponsor and Crocs. If Sponsor or Crocs determines in their respective sole and absolute discretion that making a donation to the Nominee Organization could have an adverse impact on the name, image, reputation, goodwill or proprietary rights of Sponsor or Crocs, then Sponsor and Nominee will mutually agree upon an alternate organization to which the donation will be paid. In the event Sponsor and Nominee are unable to agree on an alternate organization, then, as applicable, no donation will be paid by Crocs and no advertisement will be placed by Sponsor with respect to the Semi-Finalist Prize or Grand Prize, as applicable.
Total ARV of all prizes (not including donation and advertisement portions): $7,500. Any portion of a prize not accepted by winner will be forfeited.
4. WINNER/SEMI-FINALIST NOMINEE NOTIFICATIONS AND PRIZE RESTRICTIONS: Potential winners and corresponding Nominator will be notified by overnight mail and must sign and return an Affidavit of Eligibility, Release of Liability/Publicity and Assignment of Rights in the form(s) provided by Sponsor within fourteen (14) days of notification (first attempt) or prize will be forfeited. If a winner or Nominator is eighteen (18) years of age, but considered an eligible minor in his/her state of residence, prize will be awarded in winner’s name to a parent/legal guardian of winner who must execute and return any required documents as noted previously in these rules. Failure of a winner and corresponding Nominator to timely return all documents required under these Official Rules may result in disqualification of the associated winner. All federal, state and local taxes on the prizes are winners’ sole responsibility. If for any reason, an advertised prize cannot be awarded as stated herein, Sponsor reserve the right to substitute a prize of equal or greater value. Prizes are non-transferable and non-assignable, and are not refundable, and must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or Crocs or for which Sponsor or Crocs shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Unused components of the prize shall be forfeited and have no redeemable cash value.
5. ELIGIBILITY: Both Nominator and Nominees must be U.S. citizens or lawful permanent U.S. residents residing in the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older at the time of entry except where prohibited. Employees of the following entities and members of their families or households are not eligible for to be Nominators or Nominees: Sponsor, Crocs and their respective parent companies, subsidiary companies, affiliates, printers, advertising and promotion agencies, distributors or retailers. For purposes of these Rules, “families” is defined as parents, legal guardians, spouses, siblings, children, and “steps” of each. All federal, state and local laws apply.
6. LIMITATIONS ON LIABILITY: Neither Sponsor nor Crocs is responsible for any lost, late, misdirected, damaged, forged, incomplete, illegible, or garbled Entries. Neither Sponsor nor Crocs is responsible for any: (a) telephone, computer, or network malfunction or error; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including disruption related to Internet traffic, virus, bug or non-authorized intervention; or (c) damage caused by computer virus or otherwise resulting to any computer from Nominator’s access of the Contest website. If such malfunction, error, disruption or damage occurs, and impairs the administration, security, fairness, integrity or proper play of the Contest, Sponsor may, in its sole discretion, suspend or terminate the Contest by posting a notice on www.InspiringSoles.com. If the Contest is terminated before the end date, Sponsor reserves the right (but does not have the obligation) to determine winners from all eligible Entries received as of the termination date. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to void Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the Nominator, the authorized subscriber of said e-mail account at the time of Entry will be considered the Nominator. “Authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
7. RELEASE. By participating in this Contest, each Nominator and winner forever and irrevocably releases and holds harmless Sponsor and Crocs, and their respective parent or subsidiary companies, affiliates, distributors, retailers, advertising and promotional agencies (“Promotional Parties”), and all of their respective employees, officers, directors, owners, representatives and agents from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Nominator’s Entry, or Nominators’ or winners’ participation in this Contest, or the award, use or misuse of any prize awarded hereunder, including any travel related thereto.
8. GENERAL CONDITIONS: Submission of an entry grants Sponsor, Crocs and their respective designees the right in perpetuity to publish, use, adapt, edit and/or modify the Entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without further consent of the Nominator, or consideration or notice to the Nominator. Submission of any entry further constitutes the Nominator’s (with his/her her parent’s or guardian’s consent, if applicable) irrevocable assignment and transfer to the Sponsor and Crocs any and all rights, title, and interest in and to the Entry, including, without limitation, all intellectual property rights. Entry may be publicly displayed on the Contest website, and Sponsor’s and Crocs’ websites, at Sponsor's or Crocs’ sole discretion. Entries must be the original work of the Nominator; may not have won previous awards; may not have been published previously; must not infringe third-party rights, and must be suitable for publication. The right to submit or use an Entry must not be restricted in any way. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Nominator’s original creation. Entry may not include any intellectual property of third parties, including copyrighted material. Entry may not, in the opinion of Sponsor or the judges, be obscene, libelous, reflect poorly on the Sponsor or Crocs or be otherwise inappropriate for use in advertising or for promotional or publicity purposes. Entries must be submitted by an individual, eligible Nominator only; no group Entries allowed and no groups may be nominated. All Entries become the property of the Sponsor and Crocs and may be used by Sponsor and Crocs for any purpose and in any media whatsoever, whether or not now known, without territorial or time limitation and without further compensation or notice to Nominator, or any consent of Nominator, and will not be returned. Void where prohibited. No substitution of prize or cash equivalent except at Sponsor's sole discretion. Sponsor reserves the right to conduct verification activities and a background check on winners and their associated Nominator. To the extent necessary and permitted by law, winners and their Nominators shall authorize this background check, and cooperate in any background check and verification activities. Sponsor reserves the right to disqualify any entry (including the associated Nominee and Nominator) based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or Crocs. Nominators and Nominees will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities By accepting a prize, winners waive the right to assert as a cost of winning said prize, any and all costs of redemption of said prize and any and all liability that might arise from redeeming or seeking said prize. Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data in perpetuity for advertising and promotional purposes without additional compensation, notice or consent.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Official Rules, or the rights and obligations of Nominator and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, without regard to conflicts of law principles. All Nominators and Nominees consent to the jurisdiction and venue of the state of Illinois, Cook County.
10. OFFICIAL RULES: For a copy of the Official Rules, send a self-addressed, stamped #10 business envelope to: Outside Magazine/Crocs Contest Rules, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611. Request must be received by 12/09/08. Limit one (1) request per postmarked outer mailing envelope.
11. WINNERS LIST: For the winners’ first initials, last names, and home cities, send a self-addressed, stamped, #10 business envelope to: Outside Magazine/Crocs Contest Winners, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611. Request must be received by March 10, 2009. Limit one (1) request per postmarked outer mailing envelope.
12. SPONSOR: Mariah Media, Inc. 400 Market St., Santa Fe, NM 87501. Crocs is not a sponsor or administrator of the Contest. Crocs is only a prize supplier and shall have no liability or responsibility with respect to the sponsorship or administration of the Contest.
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