What’s in Your Bag? INSTAGRAM CONTEST OFFICIAL RULES

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NO PURCHASE NECESSARY.   A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:Limit one (1) entry per person per day.

Open to legal residents of the 50 United States who have reached the age of 18.  Employees of Footwear etc., its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.  The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Footwear etc. 273 N. Mathilda Ave Sunnyvale, CA 94086

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on August 18, 2014 at 12:00 a.m. Pacific Standard Time (“PST”), ends on September 3, 2014 at 11:59 p.m. PST (the “Contest Period”). Administrator’s computer is the official time-keeping device for the Contest.

5. How to Enter:

a. To enter the Contest, send Footwear etc. a private message on Facebook titled “What’s in Your Bag Contest” containing your full legal name, valid email address, mailing address, and phone number.

b. During the Contest, use the Instagram application on your mobile device to post one (1) original photo of yourfavorite purse, briefcase, tote, or messenger bag including the top 5 essentials you carry and how you style it (your “Submission”). You must first follow “@footwearetc” on Facebook and Instagram. Then, upload your Submission and include the tag #FootwearetcWhatsInYourBag in the “caption” field. Any Submission that does not include the tag #FootwearetcWhatsInYourBag will not be considered for entry into the Contest. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply.

6. Guidelines and Restrictions: By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines, Content Restrictions, Limit, and Permissions, as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

 Photo Guidelines:

 The Submission must be in a format acceptable for Instagram;
 The Submission must be uploaded to Instagram with the tag, #footwearetcwhatsinyourbag;
 The Submission cannot have been submitted previously in a promotion of any kind; and
 The Submission must comply with Instagram’s terms of use

 Content Restrictions:

 The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
 The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
 The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
 The Submission must not contain images or artwork not created by entrant;
 The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
 The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
 The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Limit: Each entrant may upload (1) one Submission per day.  Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void.

Permissions: Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.

7. Grant of License: Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 11, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

8. Winner Determination: (2) Two $25 Footwear etc. Gift Card will be given on or around each Friday during the Contest Period, for a total of (4) Four $25 Footwear etc. Gift Cards.  (1) One pair of shoes valuing up to $200 will be given to the Grand Prize Winner on or around September 4, 2014 (to be redeemed at any Footwear etc. retail store within the US and online at www.footwearetc.com).  All winners will be randomly selected from all eligible entries.

9. Winner Requirements: All potential winners will be notified via Facebook message.  The first (2) two potential winners will be notified on or around Friday, August 22.  The second (2) two potential winners will be notified on or around Friday, August 29.   The potential Grand Prize Winner will be notified on or around Thursday, September 4.  All potential winners must respond via Facebook message within seventy-two (72) hours of receiving a win notification message to complete an online prize fulfillment form.  If any potential winner of a Prize cannot be contacted within seventy-two (72) hours of win notification or provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the Sponsor’s sole discretion. Only two (2) alternate winners may be determined, after which the Prize will remain un-awarded.  Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use each winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the winners shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winners accept and acknowledge that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 11, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

10. Prizes: 5 TOTAL PRIZES: (4) Four $25 Footwear etc. Gift Cards Approximate Retail Value: $25 each, (1) One pair of shoes valuing up to $200.  Terms and conditions of gift cards apply. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Prize per person.

11. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Instagram, LLC, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners randomly selected from all non-suspect, eligible Submissions received up to time of such action using the  procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or random selection of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California State law, without reference to California’s choice of law rules, governs the Promotion and all aspects related thereto.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. Information is being provided to Sponsor, not Instagram.

 

 

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