OFFICIAL RULES FOR THE “CAPS N KICKS” SWEEPSTAKES (the “Sweepstakes”)
NEITHER YOUTUBE, FACEBOOK OR TWITTER, NOR ANY SHOE BRAND(S) OR SHOE MANUFACTURER(S) ARE SPONSORS OF THIS SWEEPSTAKES. NO PURCHASE NECESSARY TO ENTER TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Please read these Official Rules (these “Official Rules”) for the Caps N Kicks SWEEPSTAKES (the “Sweepstakes”) sponsored by Nice Kicks, LLC (the “Sponsor”) and administered by Woven Digital, Inc. (the “Administrator”).
How to Enter: Beginning at 12:01 a.m. PST on November 16th, 2015 tweet at NiceKicks Twitter handle using #ThisIsTheCap & #CapsNKicksSweeps to communicate the user’s favorite combination of hat and colorway and why they prefer that particular combination. Internet access and a Twitter account are required to enter. Entries must be public and NOT a private message. There is a limit of one (1) entry per person, regardless of e-mail address or Twitter account throughout the entire Sweepstakes period. Entries received from any person in excess of that stated limitation will be void. The computer clock of the webmaster hosting the Sweepstakes is the official timekeeping device for the Sweepstakes. All entries must be received no later than 5:00PM PST on November 22nd, 2015.
Entry Period: The dates and times of entry and for the Sweepstakes are set forth below.
Start: 12:01 a.m. (PST) on November 16th, 2015
End: 5:00 p.m. (PST) on November 22nd, 2015
Eligibility: The Sweepstakes is open only to natural persons who are at least 18 years of age as of September 28, 2015 and are legal residents of the United States and the District of Columbia. Employees, directors, members, managers and officers of the Sponsor, Administrator, New Era and any other company involved with the design, production, execution or distribution of the Sweeptakes (collectively, the “Entities”) and each of their respective affiliates, subsidiaries, advertising or promotional agencies, commercial partners, and any of their immediate family members and/or those living in the same household, and persons who were awarded a prize or received other promotional consideration from the Sponsor within [six (6) months] prior to the beginning of the Entry Period are not eligible to participate in the Sweepstakes. An “Eligible Entry” is an Entry submitted by a person that complies with (a) the eligibility requirements set forth in this paragraph, (b) all other terms and conditions of these Rules, and (c) all applicable usage rules of Facebook, Instagram and/or Twitter, as applicable. The Sponsor’s determination of eligibility, in its sole and absolute discretion, shall be final.
Random Drawing; Selection of Winners:
Five (5) winners will be selected at random (each, a “winner”) on or about November 24th, 2015 from among all eligible entries received throughout the Entry Period. The decisions of the Sponsor are final and binding on all matters related to the Sweepstakes. Odds of winning are dependent upon the total number of eligible entries received throughout the Entry Period. Potential winners must comply with these Official Rules as published in order to accept the prize and be confirmed as an official winner.
Notification of Winner; Verification:
On or about November 30th 2015, Sponsor will notify the potential winners via e-mail or via direct message from @NiceKicks to the potential winner’s Twitter account used to enter the Sweepstakes (note: in order to receive such direct message, you must be (a) following @NiceKicks (b) have your account settings set to “unprotected” or “public”). Upon notification or notification attempt, potential winner will be required to execute and return an affidavit of acceptance, eligibility, liability, and publicity release (where legal), [within twenty-four (24) hours of such notification or notification attempt], or the prize will be forfeited and an alternate potential winner, who will be selected in a random drawing from among remaining eligible entries, if any, will be notified. Sponsor will attempt to contact such potential winner two (2) times during the twenty-four hour period. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, photo, video, voice, likeness, and biographical information of the prize winner(s) and guest, if applicable, in connection with the Sweepstakes and the exploitation thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation unless prohibited by law. In the event of a dispute as to the identity of a potential winner, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an account by the organization responsible for assigning Twitter accounts.
Prizes and Approximate Retail Value
Five (5) winners will receive one custom New Era hat and sneaker combination (“prize”). The approximate retail value (“AVR”) for each prize is $200 USD. Total ARV of all prizes is $1,000. Limit of one (1) prize may be won per person, per family or household address.
All expenses not specifically identified in these Official Rules as part of the prizes are not included, and are the sole responsibility of the winners, including, but not limited to: set up services, cable service, Internet service, warranty services, or repair services. The Sponsor is not responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the delivery services, vendors, prize providers or any other persons. No refund or compensation will be made in the event of damage to any prize element or any delay in its delivery except at the sole and absolute discretion of the Sponsor.
The prizes must be accepted as awarded and no substitution, transfer, conversion or assignment of any prize is allowed. The prizes are not redeemable for cash except in the sole and absolute discretion of Sponsor. In the event of unavailability of any prize, the Sponsor may substitute an alternative prize of equal or greater value.
THE PRIZES WILL BE PROVIDED BY THE SPONSOR TO THE WINNERS “AS IS.” THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE GRAND PRIZES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Taxes: All federal, state and local taxes are the sole responsibility of each winner. Consult with your tax professional regarding potential tax implications.
Indemnification: By participating in the Sweepstakes and, if selected as a winner, by accepting a prize, you agree to release, indemnify, defend and hold harmless the Entities, any persons working with the Sponsor in connection with the Contest, Facebook, Instagram, Youtube and Twitter, and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners, advertising agencies, commercial partners, publishers and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Sweepstakes, including, without limitation, acceptance, use or misuse of any prize.
Warranties and Consents: By entering the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules and any applicable policies or procedures posted by Sponsor, (ii) based on these Official Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate and (b) consent to the use of your name, pictures of you in film or electronic (video) form, sound and video recordings of your voice, and/or likeness by the Sponsor and its licensees for promotional purposes (whether online, in print or through any other media now known or hereafter developed) for the Sweepstakes or any future sweepstakes, including without limitation to television, the Internet, and for exhibition, distribution, advertising, and sale, without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Official Rules by the Sponsor, in its sole and absolute discretion, which are final and binding in all matters relating to the Sweepstakes.
Arbitration; Waiver of Certain Damages: As a condition of participating in the Sweepstakes, you agree that: (i) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages; (ii) all causes of action arising out of or connected with the Sweepstakes or the prizes shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles, California; and (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief. Disputes arising out of the Sweepstakes will be determined according to the laws of the State of California without reference to its or any other jurisdiction’s conflicts of laws principles. Any provision of these Official Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Official Rules will remain in effect.
DISCLAIMER OF WARRANTIES: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE OFFICIAL RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
General Terms: The Sponsor, in connection with the Sweepstakes, assume no responsibility for incorrect or inaccurate entry information whether caused by any equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from any attempt to participate in the Sweepstakes or to download materials or software related to the Sweepstakes. The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the grand prizes and/or the winners. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes. No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted. The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Sweepstakes if the Sponsor suspects or finds that such person: (i) has used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of the Sweepstakes; (iii) is acting or has acted in violation of these Official Rules; (iv) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any document submitted in connection with the Sweepstakes.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability; Headings: If any provision of these Official Rules is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity or enforceability of any remaining provision hereof. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
Winner’s List: Requests for a copy of these Official Rules or a list of winners of the Sweepstakes, available after November 30th, 2015, must be sent in writing to Allison Halfhill, NiceKicks LLC in a self-addressed stamped envelope. Such requests must identify the name of the Sweepstakes as set forth above. Requests for a list of winners must be sent within sixty (60) days following the end of the Sweepstakes.
Removal Requests: Requests to remove your name and address from all lists of names and addresses used by the Sponsor for any sweepstakes must be sent in writing to the Sponsor with a self-addressed stamped envelope to Allison Halfhill, NiceKicks LLC., 804 Congress Ave, Austin TX 78701. Such requests must identify the name of the Sweepstakes as set forth above and include the registration information you provided to enter the Sweepstakes. The Sponsor will remove your name no later than sixty (60) days after a promoter receives your Removal Request.