4. ADDITIONAL PARTICIPATION REQUIREMENTS FOR PHOTO SUBMISSIONS (the “Submission Guidelines.”)
You represent and warrant that your Photo Submission, and each and every part of your Entry is your original work, composed entirely of original content wholly owned by you, and over which you have all necessary rights, title and interest, including, without limitation, copyright, and does not include content that, in the sole and unfettered judgment of the Sponsor:
• Is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contains nudity;
• Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Is obscene or offensive, or contains either references, situations, words or statements that could be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, or endorses any form of hate or hate group;
• Appears to duplicate any other submitted Entry;
• Defames, misrepresents or contains disparaging remarks about other people or companies;
• Contains trademarks, logos, music or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, other than trademarks or logos owned by the Sponsor;
• Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Contains material that is subject to copyright protection and that is owned by others (including, without limitation, photographs, paintings and other works of art or images published on or in websites, television, movies or other media);
• Contains or mentions any person other than the Entrant, or contains any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without consent of usage, or otherwise infringes upon the intellectual property rights, or defames or invades the publicity or privacy rights, of any third party, living or deceased;
• Contains any material that has been previously, sold, published or submitted in any other contest, sweepstakes or promotion;
• Is inconsistent, or communicates messages or images that are inconsistent, with the reputations, images and/or goodwill of the Sponsor, Wolverine World Wide, Inc., and/or the Contest Parties; or
• Violates any law or is otherwise inappropriate, as determined in the Sponsor’s sole discretion.
Entries that violate any of the above requirements, as deemed by the Sponsor, in its sole discretion, shall be void. Sponsor reserves the right to reject, remove and/or refuse to post for public viewing, any Entry and/or Photo Submission that it deems, in its sole discretion, to be inappropriate, for any reason whatsoever and to disqualify such Entrant from participation in the Contest.
5. CONTEST PRIZES: Five (5) Contest Grand Prize (as defined below) winners and forty-five (45) Contest Runner-Up Prize (as defined below) winners will be selected as set forth herein. There are a total of fifty (50) prizes available to be won, each as follows:
Contest Grand Prize*
Five (5) Contest Grand Prizes will be awarded. The “Contest Grand Prize” will consist of the following:
• One (1) $300.00 gift certificate to Wolverine.com for one (1) pair of boots or shoes (with an Approximate Retail Value (“ARV”) of $300.00 USD / $314.22 CAD).
• One (1) item from the GearJunkie Gear Vault (as selected by Gear Junkie) (with an ARV of $10.00 UDS / $10.47 CAD).
• One (1) Wolverine-branded gear pack (with an ARV of $15.00 USD / $15.71 CAD).
• One (1) Wolverine-branded metal water bottle; (with an ARV of $6.00 USD / $6.28 CAD)
The ARV of each Contest Grand Prize is $331.00 USD / $346.69 CAD.
The ARV of all Contest Grand Prizes is $1,655.00 USD / $1,733.45 CAD.
Contest Runner-Up Prizes
Forty-Five (45) Contest Runner-Up Prizes will be awarded. Each “Contest Runner-Up Prize” will consist of the following:
• One (1) Wolverine-branded metal water bottle; (with an ARV of $6.00 USD / $6.28 CAD)
The ARV of each of the Contest Runner-Up Prizes is $6.00 USD / $6.28 CAD.
The ARV of all of the Contest Runner-Up Prizes is $270.00 USD / $282.80 CAD.
The ARV of all Contest Prizes is $1,925.00 USD/$2,016.25 CAD
Make, model, color and style of all Contest prizes will vary, as applicable, in the sole discretion of Sponsor. For all footwear prizes, the footwear style, color and size is subject to in-stock availability.
No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with one of comparable or greater monetary value, or a cash equivalent, in its sole discretion. Any applicable taxes are the sole responsibility of the winners. Sponsor will not replace any lost or stolen prizes. Sponsor makes no representations or warranties with respect to any prize. Prizes include delivery to one (1) U.S. or Canadian address only, as supplied by selected winners. Any other costs or expenses associated with the prizes will be the responsibility of selected winners. Limit: one (1) Contest prize per person and per household.
6. FINALIST/WINNER NOTIFICATIONS:
The potential Contest winners will receive prize notification via email within twenty-four (24) hours of the applicable drawing date (which is to occur on or about July 16, 2013) or as soon thereafter as reasonably practicable. The potential winners will have seventy-two (72) hours from time of receipt of winning notification to confirm that the notification has been received.
A potential winner only becomes a “winner” when all required forms and/or information are completed, returned to, and received by the Sponsor. If any potential winner cannot be contacted within a three day time period, if the potential winner is ineligible, if any notification is returned undeliverable, if potential winner fails to return release documentation or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to a Contest Runner-Up winner with the next highest Quality of Photo Submission score given by the judging panel during the judging of the Photo Submissions. Potential winners may be subject to verification, including verification of age. Sponsor is not responsible for any change in Entrant’s e-mail account. For the avoidance of confusion, prizes won by an eligible Entrant who is a Minor will be awarded to a Minor’s parent or legal guardian on behalf of the Minor and both the Minor and the Minor’s parent or legal guardian must sign and return all documents and who will be responsible for fulfilling all other requirements imposed on winners by these Official Rules.
7. LICENSE: The Entrant retains all rights to any Photo he/she submits, including ownership if applicable, other than those rights licensed and as set forth in this Section 7 as follows. By entering the Contest, all Entrants consent to and grant an irrevocable, perpetual, worldwide, non-exclusive license to Sponsor, Wolverine World Wide, Inc. (and its parents, subsidiaries and affiliates) and the Contest Parties, without further notification, compensation or attribution to the Entrant or any other party, to use, reproduce, modify, create derivative works from, print, publish, post, transmit, distribute, sell, perform, adapt, enhance, and display and otherwise make use of and distribute such Entry and/or any portions or excerpts thereof, including without limitation all Photo Submissions, (along with a name credit) for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes, by the Sponsor, Wolverine World Wide, Inc. (and its parents, subsidiaries and affiliates) and/or Contest Parties, in any and all media, including the internet, now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Entry and all extensions thereof. The Sponsor, Wolverine World Wide, Inc.(and its parents, subsidiaries and affiliates) and the Contest Parties shall have the unrestricted and unfettered right to edit, adapt, alter and modify the Entry, including without limitation the Photo Submission, as they alone shall determine, and the Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) hereby waives all author’s rights, “droits morales” and “moral rights,” including, but not limited to, lending and rental rights, that the Entrant may have in such regard; provided that, to the extent that an Entrant may not waive these rights, the Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) hereby agrees not to assert these rights. Display or publication of any Entry on Sponsor’s, Wolverine World Wide, Inc.’s (and its parents, subsidiaries and affiliates) and/or a Contest Party’s website does not indicate the Entrant will be selected as a winner. Sponsor, Wolverine World Wide, Inc. (and its parents, subsidiaries and affiliates) and/or Contest Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each Entrant grants to Sponsor, Wolverine World Wide, Inc. (and its parents, subsidiaries and affiliates) and the Contest Parties the unrestricted right to use all statements made in connection with the Contest, and Photos or likenesses of Contest Entrants, or choose not to do so, at their sole discretion. Sponsor, Wolverine World Wide, Inc. (and its parents, subsidiaries and affiliates) and/or Contest Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
All Contest Entries will not be acknowledged or returned.
8. GENERAL PRIZE CONDITIONS: Prizes will only be awarded upon potential winners’ verification of eligibility and final approval by Sponsor. Proof of submitting an Entry does not constitute proof of receipt by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion.
Unclaimed prizes will not be awarded. An IRS Form 1099 will be issued where required. Notwithstanding anything herein, potential prize winner (and/or potential prize winner’s parent(s)/legal guardian(s) if the potential winner is a Minor) may be required to complete and return an Affidavit of Eligibility (or Declaration and Release for residents of Canada), Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release, within seventy-two (72) hours of receipt of the Sponsor’s notification or request therefor, releasing the Contest Parties from any liability in connection with this Contest or the acceptance, possession, use or misuse of any prize (including, without limitation, the merchandise for which it is redeemed), and acknowledging the Sponsor’s ownership rights in the Entries, as provided in Section 7 of these Official Rules. Non-compliance with this time period may result in disqualification. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced herein, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof.
9. PUBLICITY RELEASE: Except where prohibited or restricted by law and even if a winner may be required to sign a separate Publicity Release, acceptance of a Contest prize constitutes agreement and consent by winner (and/or his/her parent(s)/legal guardian(s) if a winner is a Minor) to the Sponsor’s, Wolverine World Wide, Inc.’s (and its parents, subsidiaries and affiliates) and/or Contest Party’s use and/or publication of the winner’s full name, city and state, province or territory of residence, biographical information, Contest Entry, Photo Submission, portrait, picture, voice, likeness and/or statements made by a winner regarding the Contest or Sponsor or Wolverine Worldwide, Inc, worldwide and in perpetuity, for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval.
10. MISCELLANEOUS: Entrants who fail to abide by these Official Rules, fail to follow all of the instructions of the Sponsor, and/or fail to provide all of the required information in their Entry may be disqualified. Sponsor and the Contest Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered or misdirected Entries, all of which are void. Entries will be considered to be entered by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. In the event of a dispute as to the identity of the Entrant, the authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected Entry.
11. PRIVACY: Personal information collected by the Sponsor will be used for administration of this Contest, for potential research purposes, and in other reasonable manners as the Sponsor deems fit. In addition, each Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) agrees to the Sponsor’s use of their personal information as described in the Sponsor’s “Thanks for Signing Up” page, available at https://gearjunkie.com/email-signup-thanks. The Sponsor may share Entrants’ personal information with the Sponsor’s parent, subsidiaries, affiliates, with the judging panel, with carefully selected companies that offer products and/or services that may be of interest to Entrants, and with Wolverine Worldwide, Inc. and its parents, subsidiaries and affiliates, for the purpose of enabling them to communicate directly with the Entrants about upcoming contests, sweepstakes, promotions, announcements and other special events.
Residents of Canada: Personal information collected by the Sponsor will be used to administer the Entrant’s participation in this Contest and for prize fulfillment purposes, including contacting and announcing the winner. By entering this Contest, you consent to such collection, use and disclosure of your personal information. For more information on the manner in which personal information is collected, used and disclosed by Sponsor, please see its “Thanks for Signing Up” page, available at https://gearjunkie.com/email-signup-thanks. At the time of entry, the Sponsor may obtain consent to send the Entrant information about its products and services or to share the Entrant’s personal information with Sponsor’s parent, subsidiaries and affiliates, with carefully selected companies that offer products and/or services that may be of interest to Entrant, and/or with Wolverine Worldwide, Inc. and its parents, subsidiaries and affiliates for the purpose of enabling them to communicate directly with Entrant about upcoming contests, sweepstakes, promotions, announcements and other special events.
12. RELEASE: BY PARTICIPATING IN THE CONTEST, ENTRANTS AND/OR WINNERS (AND PARENT/LEGAL GUARDIAN OF ANY ENTRANT AND/OR WINNER WHO IS A MINOR) AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, THE CONTEST PARTIES, WOLVERINE WORLDWIDE, INC. AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES, AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS AND REPRESENTATIVE OF EACH, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND/OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH) AND PROPERTY, WHETHER DIRECT OR INDIRECT, THAT MAY BE DUE TO, OR MAY ARISE OUT OF, PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, THE MERCHANDISE FOR WHICH IT IS REDEEMED), OR A BREACH OR AN ALLEGATION THAT, IF TRUE, WOULD CONSTITUTE A BREACH OF ANY OF ENTRANT’S, AND/OR WINNER’S REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN. ENTRANTS AND/OR WINNERS (AND PARENT/LEGAL GUARDIAN OF ANY ENTRANT AND/OR WINNER WHO IS A MINOR) WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. As a condition of participating in the Contest, Entrant agrees that: (i) under no circumstances will any Entrant be permitted to obtain awards for his/her participation in the Contest or the submission of an Entry, and each Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (ii) all causes of action arising out of or connected with this Contest, or any prizes awarded, or the acceptance, use/misuse or possession of any prize (including, without limitation, the merchandise for which it is redeemed) shall be resolved individually, without resort to any form of class action; and (iii) in no event will any Entrant be entitled to receive attorneys’ fees.
13. DISCLAIMER: Sponsor and the Contest Parties, and their respective contractors and/or agents, are not responsible for printing or typographical or computer programming or operator errors in these Official Rules or in any Contest-related materials and reserve the right to correct any such errors. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest entry process. Sponsor also reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux with respect to residents of Québec, to terminate, suspend, cancel or modify the Contest and/ or these Official Rules, in whole or in part, at any time and without notice or obligation and award the Contest prizes from among all eligible, non-suspect Entries received as of the date of termination or modification, as applicable, using the selection process outlined herein, if for any reason this Contest is not capable of running as planned due to any reason, including, but not limited to, infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Contest. Sponsor and the Contest Parties are not responsible or liable for any events that may cause errors and/or the Contest to be stopped, including, but not limited to, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, mobile equipment, software or any other failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer or mobile device relating to or resulting from participation in this Contest or downloading any materials in this Contest. Sponsor and the Contest Parties are not responsible for computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing or judging of Entries, or in any other Contest-related materials. The Sponsor and Contest Parties may stop you from participating in this Contest if you violate the Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other Entrant or the Sponsor; or © in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 5.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT AND/OR WINNER (OR PARENT/LEGAL GUARDIAN OF ANY ENTRANT AND/OR WINNER WHO IS A MINOR) TO DELIBERATELY DAMAGE ANY WEB SITE, PLATFORM, APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. CHOICE OF LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants or winners and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions which might otherwise cause the application of the laws of any jurisdiction other than the State of Minnesota. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of Minnesota. Entrants, and/or winners (and parent(s)/legal guardian(s) of any Entrant and/or winner who is a Minor) hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
15. TAX INFORMATION: All applicable federal, state, provincial, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
16. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope for receipt by August 15, 2013 to: Tough As a Wolverine Contest Winners List Request, c/o The Gear Junkie LLC, 2836 Lyndale Avenue South, Suite 100, Minneapolis, MN 55408, attention: The Gear Junkie Marketing. Residents of Canada may omit postage.
17. Any questions, comments or complaints regarding the Contest must be directed to Sponsor.
18. QUEBEC RESIDENTS ONLY
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
SPONSOR: The Gear Junkie LLC, 2836 Lyndale Avenue South, Suite 100, Minneapolis, MN 55408