#ShoeLoveFE TWEETSTAKES OFFICIAL RULES

#ShoeLoveFE Tweetstakes Contest

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER. 

ELIGIBILITY:
This Sweepstakes is open only to legal residents of the United States and the District of Columbia who are 18 years of age or older at the time of entry who are followers of the Footwear etc. Twitter Account.  If you do not already follow Footwear etc. on Twitter, you must visit http://twitter.com/footwearetc and click on the icon to follow Footwear etc.  Employees (and their immediate families or those living in the same household) of Footwear etc. (“Sponsor”) and its respective affiliates, subsidiaries, divisions, and related companies, suppliers, printers and advertising, promotional and judging agencies are not eligible to enter or win.

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

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 a prize is contingent upon fulfilling all requirements set forth

TIMING:
The Contest begins on Wednesday, February 11, 2015, at 9:00 a.m. Pacific Standard Time (“PST”), ends on Friday, February 13, 2015, at 11:59 p.m. PST (the “Contest Period”).

Administrator’s computer is the official time-keeping device for the Contest.

HOW TO ENTER:
Beginning on February 11, 2015, you can enter this Sweepstakes by doing the following:

  1. Follow @Footwearetc on Twitter
  2. Tweet a photo of your favorite shoes or shoes you simply love @Footwearetc and include the hashtag #ShoeLoveFE between 9:00 am PST Wednesday, February 11, 2015, and 11:59 pm PST Friday, February 13, 2015.

If you access Twitter through SMS, you may be charged for each tweet sent or received from your mobile device according to the terms and conditions of your Service Agreement with your wireless carrier.  Entrant should contact their wireless service provider for information on rate plans and charges relating to your participation in this Sweepstakes.  If your tweet is the winning entry, you will be required to provide some or all of the following information: your name, address, city, state, zip code, telephone number, date of birth, and e-mail address.

GUIDELINES & 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 Sweepstakes 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 Twitter;
  • The Submission must be uploaded to Twitter with the tag, #ShoeLoveFE;
  • The Submission cannot have been submitted previously in a promotion of any kind; and
  • The Submission must comply with Twitter’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.  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.

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. 

WINNER DETERMINATION:
Two (2) $100 Footwear etc. Gift Cards will be given on or around February 14, 2015.  All winners will be randomly selected from all eligible entries up until that date.

WINNER REQUIREMENTS:
All potential winners will be notified via Twitter direct message on or around Saturday, February 14, 2015.  All potential winners must respond via Twitter direct message within forty-eight (48) 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 forty-eight (48) 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 one (1) alternate winner will 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 (see 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.

PRIZES:
2 TOTAL PRIZES: Two (2) $100 Footwear etc. Gift Card.  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.

LIMITATIONS OF LIABILITY:
Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries or mail which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof.  Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event that it becomes necessary due to circumstances beyond Sponsor’s control.  In the event the Sweepstakes is terminated early, a winner will be selected from all eligible entries received at the time of termination.

RELEASE OF LIABILITY:
By participating, Winner and entrants agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by the Winner, entrants or any other third parties related in any way to the operation of this Sweepstakes, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes.

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.

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, Twitter.  Information is being provided to Sponsor, not Twitter.  This Sweepstakes is Void where prohibited by Law.

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