OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 12:01 AM ET on September 2, 2013 and ends 11:59 PM ET on September 6, 2013, when all entries must be received (“Promotion Period”).
2. ELIGIBILITY. This contest (the “Promotion”) is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
4. WINNER SELECTION AND NOTIFICATION. The user with the most votes is deemed the winner from all eligible entries on or about September 6, 2013 (the “Selection Date”). Any potential winner will be notified by email. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion.
5. PRIZE DESCRIPTION. There will be five (5) grand prize winners. The grand prize is one (1) pair of HUNTER BOOT. (The prize will be either the HUNTER BOOT Original Tall or Original Short, color and style subject to change.)
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor’s Entities”) and HUNTER BOOT, its directors, officers, employees, agents, representatives and assigns (collectively, “HUNTER BOOT”) from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor, HUNTER BOOT, and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of HUNTER BOOT and the Sponsor’s Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor and HUNTER BOOT from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner.
10. DISCLAIMERS. (i) Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted 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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor’s Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR’S ENTITIES AND HUNTER BOOT MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Illinois, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Lake County, Illinois. Should there be a conflict between the laws of the State of Illinois and any other laws, the conflict will be resolved in favor of the laws of the State of Illinois. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST. For a list containing the names of the winners, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List, CollegeFashionista and HUNTER BOOT Giveaway, c/o Melissa Levin 1174 Corporate Woods Parkway Suite 280 Vernon Hills, IL 60061
13. SPONSORSHIP. This Promotion is sponsored solely by
1175 Corporate Woods Parkway
Vernon Hills, IL 60061 (the “Sponsor”).
14. PRIZE SUPPLIER.
The grand prize of a total of five (5) pairs of HUNTER BOOT boots is provided by:
HUNTER BOOT USA (“HUNTER BOOT”)
140 West 57th street, suite 7B
New York, NY 10019 (the “Prize Supplier”).
Sponsor agrees that HUNTER BOOT is not a sponsor or endorser of this promotion. The supplying of the Grand Prize constitutes the sole relationship between the Sponsor and HUNTER BOOT.
15. INDEMNIFICATION. To the fullest extent permitted by law, Sponsor will defend, indemnify, and hold harmless HUNTER BOOT, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of Sponsor, its agents, employees, or any tier of Supplier’s subcontractors in the performance of this Promotion.
Your use of the Website constitutes agreement to its terms and conditions as well.
I. THE TYPE OF INFORMATION THE WEBSITE COLLECTS
- The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, complete a survey, make a purchase, subscribe to our Website, or register for any portion of our services, you are asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested.
- Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
II. HOW THE WEBSITE USES INFORMATION PROVIDED BY YOU
- Service Provider uses personally identifying information you supply through the Website to provide you with the service you have requested. For example, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
- Unless otherwise specified on the Website, Service Provider may sell or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, write to us at the street address set forth at the end of this document. If you do not wish to receive future commercial communications from us by e-mail, email us for instructions to be removed from Service Provider’s mailing lists. If you’ve registered on any part of the Website, please use the mechanism on the Website that allows you to change or update your member preferences or information, if available, to keep all such date accurate and up-to-date.
- We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
- In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.
- While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
- In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
- Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers.
IV. INFORMATION SECURITY AND NOTIFICATION
- Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, Service Provider can not guarantee the security of the information you send to us or the security of our servers or databases, and by using the Website you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).
V. KIDS AND PARENTS
- If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.