CROCS Inc.
Color My Crocs™ Shoes Contest
Terms and Conditions
1. GENERAL. The Crocs, Inc. (the “Sponsor”) “Color My
Crocs™ Shoes” (the “Contest”) is a contest where the parent or legal guardian of
six (6) entrants in each of three (3) age groups (defined as ages 0-6, 7-12, and
13-16) will win a prize as described in more detail below. The foregoing is a general
description only of the Contest and is qualified in its entirety by these Official
Rules.
2. BINDING AGREEMENT. Because all Entrants (as defined
below in paragraph 3) will be bound by these Official Rules and they will create
a legally binding agreement with respect to the Contest, please read them carefully.
In order to enter the Contest all Entrants must agree to the terms of these Official
Rules. All Entrants must agree to these Official Rules prior to entry (agreement
and consent to be shown by signing the Consent Form at the end of these Official
Rules).
3. ELIGIBILITY. The Contest is only open to Entrants who,
as of the entry date are permanent legal residents of the United States or the District
of Columbia, are at least eighteen (18) years of age and are the parent or legal
guardian of a child sixteen (16) years of age or younger (“Entrants”). The Contest
is void outside the fifty (50) eligible United States and the District of Columbia
(excludes all territories and possessions of the United States); and where prohibited
or restricted by law. Employees, officers, and directors of Sponsor and its parents,
subsidiaries, affiliates, divisions, advertising, and promotion agencies, and the
immediate families (defined as parents, spouses, children, siblings, grandparents,
and their respective spouses) or members of the same household (whether related
or not) of each such employee, officer, and director, are not eligible to enter.
4. TIMING. The Contest entry period begins on or about
August 1, 2009 and ends on August 31, 2009 (the “Entry Period”).
5. HOW TO ENTER. Prior to or during the Entry Period,
have your child decorate a pair of Crocs™ shoes using Croc-a-Doodles or any other
materials. Take a picture of the newly decorated Crocs™ shoes. During the Entry
Period, enter at
http://www.colormycrocs.com/
and follow the instructions to link to the official online entry form. Upload a
digital photo of your child’s decorated Crocs™ shoes along with a scanned copy of
the signed Consent Form found at the end of these Official Rules and complete the
information requested in the information fields: first name, last name, a parent
or legal guardian’s name, phone number, e-mail address, child’s age and shoe size.
When the entry form is complete, click on the area marked “Submit.” By participating
in the Contest each Entrant agrees that Sponsor may collect their personal information
and that if the required information cannot be obtained, that Entrant may not be
eligible. All information collected by Sponsor will only be used in conjunction
with the Contest and other purposes detailed herein, and will be subject to Sponsor’s
Privacy Policy located at
http://www.crocs.com/privacy_policy/. Entries become the property of Sponsor
and will not be returned. Once submitted, entry cannot be modified, deleted or cancelled.
All entries must be received by Sponsor during the Entry Period. Any intellectual
or industrial rights which were owned by Entrant will remain with Entrant, otherwise
all entries become the property of Sponsor and will not be acknowledged or returned.
By submitting an entry each Entrant certifies that the entry is original and that
they are the sole and exclusive owner and rights holder (if they are not the sole
and exclusive owner and rights holder, the Entrant is certifying that they have
obtained permission to submit the entry in the Contest), and that they have the
right to submit said entry. Entrants may not enter with multiple e-mail addresses,
nor may Entrants use any other device or artifice to enter multiple times. Use of
any automated system to submit entries is prohibited and will result in disqualification.
In case of dispute, entries will be declared made by the authorized account holder
of the e-mail address submitted at the time of entry. “Authorized account holder”
is defined as the natural person who is assigned to an e-mail address by an Internet
access provider, online service provider, or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning e-mail addresses
for the domain associated with the submitted e-mail address. Sponsor is not responsible
for lost, late, stolen, incomplete, invalid, unintelligible, illegible, damaged,
mutilated, altered, or misdirected entries, which will be disqualified. Nor is Sponsor
responsible for any computer, telephone, cable network, electronic, or Internet
hardware or software malfunctions, failures, connections, or availability, or garbled,
corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user
net accessibility or availability, traffic congestion, or unauthorized human intervention
or any technical error, human error, or the incorrect or inaccurate capture of entry
or other information; nor for the failure to capture any such information. No facsimiles,
photocopied or mechanically reproduced entries allowed. Proof of submission will
not be deemed to be proof of receipt by Sponsor. LIMIT: One (1) online entry per
each child of Entrant in this Contest. Any attempt by any Entrant to obtain more
than the stated number of entries will void that Entrant’s entry and that participant
will be disqualified. All Entrants and entries subject to verification prior to
the awarding of a prize, as are the eligibility, age and other claims of/information
provided by a potential prize winner.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating
in the Contest, each Entrant fully and unconditionally agrees to be bound by and
accepts these Official Rules and the decisions of Sponsor or its designee (including,
without limitation, decisions regarding eligibility of entries, the selection of
Entrants and the winner, and the awarding of the prize), which are final and binding
in all respects.
7. CONTEST WINNER SELECTION; ODDS; NOTIFICATION. On or
about September 26, 2009, Sponsor or its designee will select one (1) potential
first prize winner and five (5) potential runner-up winners in each age group from
among all eligible entries received by Sponsor in the Contest during the Entry Period.
Winners will be selected by a panel of Sponsor employees based on the following
criteria: use of authentic Crocs™ shoes, age appropriateness, and most importantly,
creativity. Decisions of the judges are final and binding. Sponsor reserves the
right, in its sole discretion, to disqualify any entry for any reason, including
without limitation, depicting or referring to sex, drugs, violence, alcohol, and/or
inappropriate language. Odds of winning a prize depend on the number of eligible
entries received by Sponsor in the Contest. In the event that not enough eligible
entries are received, not all the prizes will be awarded. The Entrants selected
must comply with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements. All potential winners will be notified
by phone and/or email. All children of potential winners will be required to have
the Entrant execute, on their own and their child’s behalf, and return to Sponsor
or its designee a notarized Affidavit of Eligibility, a Liability Release and (except
where prohibited by law) a Publicity Release (an “Affidavit/Release”) in the form(s)
provided by Sponsor or its designee in order to claim his/her prize. Such Affidavit/Release
must be returned to Sponsor or its designee by the date and/or time indicated within
such documents. If a potential winner cannot be contacted within three (3) days
of the first attempt to contact him/her, or if a potential winner fails to return
the Affidavit/Release within the specified time, or if any prize or prize notification
is returned as undeliverable, or if the potential winner is found to be ineligible,
or if the potential winner does not comply with these Official Rules, then that
potential winner may be disqualified and an alternate winner selected by Sponsor
or its designee in his/her place from among all eligible non-winning entries received
by Sponsor for the Contest. In such event, an alternate potential prize winner will
be notified as described above and will be required to return an Affidavit/Release
to Sponsor or its designee as described above, however, Sponsor, in its sole discretion,
may adjust the above timing and delivery requirements to accommodate Sponsor’s Contest
schedule, and due to such schedule and timing, Sponsor may be unable to award the
prize.
8. PRIZES.
a. Subject to the terms and conditions of these Official Rules, one
(1) first prize and five (5) runner-up prizes will be awarded in each age group
in this Contest for a total of three (3) first prizes and fifteen (15) runner-up
prizes. The approximate retail value (“ARV”) of a first prize is two thousand dollars
($2000.00) and the ARV of a runner-up prize is forty dollars ($40.00). The total
ARV of all prizes combined is six thousand six hundred dollars ($6,600.00). The
actual value of a first prize depends on the winner’s family size and choice of
shoes; the actual value of a runner-up prize depends on the winner’s choice of shoe;
if the actual value is less than the stated ARV, the difference will not be awarded
in cash.
b. A “prize” consists of and is limited only to the following:
i. First Prize: a first prize winner will receive one free
pair of Crocs™ shoes each month for one (1) year for himself/herself and for the
winner’s family (defined as a father and/or mother and their children, living in
the same house and not exceeding a total of six (6) persons). First prize winners
and their families may select any model and/or color desired each month (You by
Crocs, Ocean Minded, and Bite brands are excluded). Model and color selections are
subject to availability.
ii. Runner-Up Prize: a runner-up winner will receive one
free pair of Crocs™ shoes. Runner-up winners may select any model and/or color desired,
subject to availability (You by Crocs, Ocean Minded, and Bite brands are excluded).
c. Prize is non-transferable and non-assignable, and is not refundable,
and must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation,
or guarantee, express or implied, in fact or in law, made by Sponsor or for which
Sponsor 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. No cash or other
substitution may be made, except by Sponsor, who reserves the right (but has no
obligation) to substitute a prize (or a component thereof) with another prize (or
component thereof, including cash) of equal or greater value if the prize is not
available for any reason as determined by Sponsor in its sole discretion. Each winner
is fully and solely responsible for any and all applicable federal, state, international
and local taxes and assessments (including, without limitation, income taxes). Winners
will be issued an IRS Form 1099 for the actual value of their prize. Entrants waive
the right to assert as a cost of winning a prize any and all costs of verification
and redemption or travel to redeem the prize in this Contest. Sponsor is not responsible
for fraudulent calls or emails made to Entrants by third parties.
9. PUBLICITY. Except where prohibited by law, participation
in the Contest constitutes winner’s consent to Sponsor’s (and its designees’, successors’
and assigns’) use of winner’s name, biography, likeness, voice, photographs, video,
opinions, statements, hometown, state and country for promotional purposes in any
manner or media (including, without limitation, online), worldwide, in perpetuity,
and without further payment, consideration, notice, review or consent.
10. GENERAL CONDITIONS. Sponsor reserves the right, in
its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s
opinion, there is any suspected or actual evidence of tampering with any portion
of the Contest, or if unauthorized intervention, fraud, technical difficulties or
failures or any other factor beyond Sponsor’s reasonable control corrupt or affect
the administration, security, fairness, integrity or proper conduct of the Contest.
In such event, Sponsor reserves the right (but does not have the obligation) in
its sole discretion to award the prize at random from among eligible, non-suspect
entries received up to the time of suspected impairment. Sponsor reserves the right
in its sole discretion to disqualify any individual it finds to be tampering with
the entry process or the operation of the Contest or to be acting in violation of
these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt
by any person to deliberately undermine the legitimate operation of the Contest
is a violation of criminal and civil laws, and, should such an attempt be made,
Sponsor reserves the right to seek damages and other remedies 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 or any other
provision of these Official Rules.
11. RELEASE AND INDEMNITY. By entering, each Entrant,
to the maximum extent permitted by law, agrees to forever and irrevocably release,
indemnify and hold harmless Sponsor, its parents, subsidiaries, divisions and affiliates,
and their respective agents, representatives, advertising and promotion agencies,
affiliates, Contest partners and prize suppliers, and all of their respective employees,
officers, directors, shareholders and agents from and against all claims, damages
or liabilities arising in whole or in part, directly or indirectly, from Entrant’s
and/or Entrant’s child’s participation and/or entry in the Contest and/or Entrant’s
award, receipt or use of any prize awarded in the Contest.
12. LIMITATIONS OF LIABILITY. Sponsor is not responsible
for: (a) incorrect or inaccurate transcription of entry information or late, lost,
stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected
entries or entries received through impermissible or illegitimate channels, all
of which will be disqualified; (b) technical failures of any kind, including but
not limited to the malfunctioning of any telephone, computer online systems, computer
equipment, website, server provider, network, hardware or software; (c) the unavailability
or inaccessibility of any website or service; (d) unauthorized intervention in any
part of the entry process or the Contest; (e) printing, typographical, electronic
or human errors which may occur in the offer or administration of the Contest or
the processing of entries; or (f) any injury or damage to persons or property, including
but not limited to Entrant’s computer, which may be caused, directly or indirectly,
in whole or in part, from Entrant’s participation in the Contest and/or any damage
to clothing or furniture from the use of the Croc-O-Doodles, or from viewing, playing
or downloading any material from Sponsor’s website, regardless of whether the material
was prepared by Sponsor or a third party, and regardless of whether the material
is connected to Sponsor’s website by a hypertext link.
13. DISPUTES. Entrant agrees that: (a) any and all disputes,
claims, and causes of action arising out of or connected with the Contest, or any
prizes awarded shall be resolved individually, without resort to any form of class
action, and solely and exclusively in a federal or state court located in Colorado;
Entrant submits to sole and exclusive personal jurisdiction to said courts in the
State of Colorado for any such dispute and irrevocably waives any and all rights
to object to such jurisdiction; (b) any and all claims, judgments, and awards shall
be limited to actual out of pocket costs incurred, including costs associated with
entering the Contest but in no event attorneys’ fees; and (c) under no circumstances
will Entrant be permitted to obtain awards for and Entrant hereby waives all rights
to claim punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages multiplied
or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY
TO YOU. All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of Entrant
or Sponsor in connection with the Contest shall be governed by, and construed in
accordance with, the laws of the State of Colorado, without giving effect to any
choice of law or conflict of law rules or provisions (whether of the State of Colorado,
the United States, or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Colorado.
14. OFFICIAL RULES. These Official Rules are available
online at
http://www.colormycrocs.com/
or by sending a self-addressed postage-stamped envelope to “Color My Crocs™ Shoes
– Rules Request”, c/o Crocs, Inc., 6328 Monarch Park Place, Niwot, Colorado 80503.
Vermont residents do not need to affix return postage.
15. WINNER’S LIST. To request a list of winners, send
a self-addressed postage-stamped envelope to “Color My Crocs™ Shoes – Winner’s List
Request”, c/o Crocs, Inc., 6328 Monarch Park Place, Niwot, Colorado 80503. Requests
must be received by November 30, 2009.
16. SPONSOR. The sponsor of the Contest and the address
at which the Sponsor may be contacted is Crocs, Inc., 6328 Monarch Park Place, Niwot,
Colorado 80503.
***
Consent Form
I give my permission for my child to participate in the Color My Crocs™ Shoes Contest
and consent to the foregoing terms and conditions on behalf of myself and my child.
I also agree that if my child’s shoe is selected to win, I consent to the use of
his/her name, biography, likeness, voice, photographs, video, opinions, statements,
hometown, state and country for promotional purposes in any manner or media (including,
without limitation, online), worldwide, in perpetuity, and without further payment,
consideration, notice, review or consent.
Child’s Name________________________________________________________
Please Print Name____________________________________________________
Parent/Legal Guardian Signature_________________________________________