IMPORTANT: Please read these Official Rules before entering this Giveaway (the "Giveaway"). By participating in this Giveaway, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS CONTEST IS NOT SPONSORED, ENDORSED, OR AFFILIATED BY ANY OTHER PERSON OR ENTITY, INCLUDING TWITTER, INC., FACEBOOK, INC., NIKE, INC., OR INSTAGRAM.
SPONSOR RESERVES THE RIGHT TO END THE CONTEST AT THE END OF ANY WEEKLY ENTRY PERIOD.
The ShoeFanatic Giveaway (the "Giveaway") is open only to individuals who are eighteen (18) years of age or older at the time of entry and are legal residents of the 50 United States (excluding Rhode Island) or the District of Columbia ("Entrants"). Void in Puerto Rico and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of ShoeFanatic, Inc. ("Sponsor") and its subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Giveaway (Sponsor, collectively with the foregoing, the "Giveaway Parties") and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings, and the "in-laws" and "steps" of each) and all persons living in the same household of each. By participating in this Giveaway, Entrants agree to be bound by these official rules ("Official Rules") and by the decisions of the Sponsor in all matters relating to the Giveaway. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. Giveaway Period
The entry period for each week's Contest commences every Monday at 12:00:00 PM Eastern Time ("Start Date") and ends on Tuesday at 11:59:59 PM Eastern Time ("End Date") (collectively "Entry Period"). All entries must be received during the Entry Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor's or its designee's computer is the official time keeping device for the Contest.
3. How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
During the Entry Period, Entrants will be automatically entered into the Giveaway when they:
Follow @shoefanaticofficial (instagram.com/shoefanaticofficial) on Instagram; and
When submitting an entry, Entrant is required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway at Sponsor's sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person's agents. Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements. All entries submitted in compliance with these Official Rules and not disqualified or void are considered "Eligible Entries". All entries are the property of Sponsor.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Giveaway.
In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable Instagram account is registered. The "authorized account holder" is defined as the natural person to whom the e-mail address affiliated with the account is owned by. In the event of a discrepancy between the identity of the authorized account holder, the "winner," and the Entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner.
4. Winner Selection and Notification
On Wednesday of each Week ("Section Date"), one (1) winner will be selected at random by Sponsor from the Eligible Entries received prior to the End Date. Sponsor will notify the winner by direct message on Instagram. The winner will be notified and announced no later than 48 hours following the Entry Period. The odds of winning depend on the number of eligible entries received.
5. Prizes and Prize Claim
For each Entry Period, one (1) winner will receive a $50 Nike.com digital gift card or coupon ("Prize"). Winner will receive the Prize via Instagram. Approximate Retail Value ("ARV") of the prize is $50.00.
Winner is subject to verification, including verification of age and residency. Limit one (1) prize per person. The prize is non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
If the winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), the winner forfeits the prize in its entirety and an alternate winner will be announced based upon a random drawing of the other eligible entries received during the Entry Period.
Except for applicable manufacturer's standard warranties, the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Use of Winner's Name; Publicity
Except where prohibited by law, each Entrant's entry into the Giveaway and winner's acceptance of the prize constitutes permission for Sponsor and its agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner's name, hometown and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration. By entering this Giveaway, you consent to being contacted by Sponsor for any purpose in connection with this Giveaway.
7. Limitation of Liability and Release
By participating in the Giveaway or accepting a prize, Entrants agree that Sponsor is not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries all of which will be void. Entrants assume all risk of loss, damage, misdirection, or delay in any materials or entries submitted to Sponsor, and releases Sponsor and Giveaway Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Sponsor is also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an Entrant's ability to participate in this Giveaway. Sponsor is not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prize or in any Giveaway-related materials. As a condition of entering, Entrants agree (and agree to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys\' fees and court costs.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE Giveaway OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE Giveaway OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE Giveaway OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE Giveaway OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES' GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
8. LEGAL WARNING
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS Giveaway IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Sponsor's Reservation of Rights
If the Giveaway is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Giveaway. In the event of cancellation, Sponsor reserves the right to award the prizes in its discretion based on all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, Entrant's sole remedy shall be another entry into the Giveaway.
10. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Albemarle County, Virginia and the federal courts located in the Western District of Virginia for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12. General Conditions
Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Giveaway or any Entrant's participation in the Giveaway should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Giveaway, or Sponsor otherwise becomes (in its discretion) incapable of running the Giveaway as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Giveaway, tamper with the operation of the Giveaway or engage in any conduct that is detrimental or unfair to Sponsor, the Giveaway or any other Entrant (as determined in Sponsor's discretion) are subject to disqualification from the Giveaway. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Giveaway. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms "include" or "including" in these Official Rules is illustrative and not limiting.
14. Social Network Disclaimer
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