2013-2014 #SHOWUSURSOLE CONTEST
OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE UNITED STATES, IN ALASKA, HAWAII, PUERTO RICO, U.S. TERRITORIES, AND WHERE PROHIBITED BY LAW.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The #ShowUsUrSole Contest (“Contest”) is a skill contest where the general public will submit a photo or photos portraying a charitable act or creatively displaying Fila branded shoes ( “Entry Photo” or “Entry Photos”) and compete for an opportunity to win an e-gift card to Fila.com valued at One Thousand Dollars ($1,000.00). The Contest shall be subject to these Official Rules (“Rules"), and by entering, all Participants agree to abide by and be bound by the terms and conditions that follow herein and the decisions of FILA U.S.A., Inc. (“Fila”) in administering these rules.
Each Participant (as defined below) entering the Contest will submit the Entry Photo(s) (of an unlimited quantity) tagged with the hashtag “#ShowUsUrSole” and “@FILAUSA” in the available description area and an optional written description of the Entry Photo (not to exceed 100 words). See Sections 4 and 5 below for details on how to submit the Entry Photo(s) and the creative requirements.
1. BINDING AGREEMENT. By entering the Contest, you are agreeing to these Rules, so please read them carefully. Each submission of an Entry Photo in the Contest constitutes agreement to be bound by these Rules.
2. CONTEST PERIOD. The Contest runs from November 18, 2013, at 6:00 pm (EST) until December 31, 2013, 11:59 pm (EST) (“Contest Period”). Fila’s computer clock will be the official clock of the Contest. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
3. ELIGIBILITY. To enter the Contest, a Participant must be: (i) at least 18 years old at the beginning of the Contest Period; (ii) a legal resident of the United States (iii) have an iOS or Android device that supports the Instagram application; and (iv) have the Instagram application downloaded on his/her device and an Instagram account, which is in good standing as of November 18, 2013 and continues to be in good standing through the Contest Period (“Participant”). Employees, officers and directors of Fila as well as any of its respective parents, subsidiaries, affiliates, suppliers, advertising and promotion agencies, and web providers, and members of their immediate families (mother, father, sister, brother, child, husband, wife) are not eligible to participate and/or win a Prize (as described below). Fila reserves the right to verify the eligibility of any Participant at any time. Upon Fila’s request, Participants must supply documented proof of age, identity and eligibility or forfeit the right to receive a prize.
5. ENTRY REQUIREMENTS. An Entry Photo must depict either “SOLE,” a creatively and originally captured Fila branded shoe, or a “SOUL,” a creatively and originally captured act of community service or other positive contribution to society, (collectively the “Contest Theme”), and must be accompanied by the hashtag “#ShowUsUrSole” and “@FILAUSA” in the photo’s description. Any other optional photo description accompanying an Entry Photo must be in English. Entry Photos may only be photographs submitted as specified in Section 4 of these Rules, and may not include drawings, graphic art, or any heavily edited photo, as determined in Fila’s sole discretion. Entry Photos that do not comply with these Rules or that otherwise contain prohibited or inappropriate content as determined by Fila, in its sole discretion, will be disqualified and will not be considered for the Prize. Prohibited or inappropriate photos shall include, but not be limited to:
· Photos that contain, incorporate, or otherwise use any content, material or element that is owned by a third party or entity.
· Photos that have previously been submitted in any competition and/or won an award or prize of any kind.
· Photos that contain any content, material or element that displays any third party advertising, slogan, logo, or trademark, or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
· Photos that are subject to any third party agreement(s) which may require Sponsor to pay any sum of money to any person or entity as a result of its use or exploitation of the winning design or rights therein.
· Photos that contain offensive, threatening or inappropriate material as determined by Fila, in its sole discretion.
Fila shall make the final determination as to which photos are eligible to take part in this Contest and may be considered for the Prize.
6. JUDGING AND WINNER NOTIFICATION. There will be one final selection of a winning Entry Photo, and Fila or its designated judge (the “Judge”) will judge each Entry Photo. The Judge will evaluate each eligible Entry Photo based on the best demonstration of originality and creativity as applied to the Contest Theme (“Design Criteria”). Creativity and originality will be weighted equally. Each Entry Photo will be assigned a score out of one hundred (100) points based on the Design Criteria. The Participant with the highest score will be the potential “Grand Prize Winner.” In the event of a tie, the Entry Photo that received the higher score from the Judge in the category of “originality” will be selected as the potential Grand Prize Winner.
Between January 6 and January 15, 2014, the selected Potential Grand Prize Winner will receive notification on his/her Instagram Account alerting him/her that he/she is the potential Grand Prize Winner, and instructing him/her to send an email to firstname.lastname@example.org with contact information, including full name, email address, and phone number. Except where prohibited by law, the potential Grand Prize Winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity/Photo Release and provide any additional information that may be required by Sponsor. If required to submit documents prior to receipt of any Prize, potential Grand Prize Winner must return all such required documents within 72 hours following attempted notification. If a potential Grand Prize Winner is determined to be ineligible when contacted by Fila, Fila reserves the right, in its sole discretion, to select the Entry Photo with the next highest score as an alternate potential Grand Prize Winner.
If a Participant has not heard from FILA by January 15, 2014, then unfortunately, that Participant has not been selected as a winner. FILA reserves the right to reschedule, postpone or cancel the Entry Photo Contest and final evaluation at any time, for any reason, in its sole discretion. For the avoidance of doubt, the Participants acknowledge and understand that they are competing solely for the opportunity to win an e-gift card worth One Thousand Dollars ($1,000.00) for use on the US section of Fila.com.
7. HONORABLE MENTION. After identifying the Grand Prize Winner, the four (4) Entry Photos with the next highest scores will receive an honorable mention on Fila’s social media websites including, but not limited to, Facebook, Twitter, and Instagram.
8. GRAND PRIZE. The Grand Prize Winner will receive an e-gift card worth one thousand dollars ($1,000.00), redeemable only for use on the United States section of Fila.com. Prize is not redeemable for cash. The Approximate Retail Value (“ARV”) of the Grand Prize is One Thousand Dollars ($1,000). The ARV may be adjusted depending on the state or jurisdiction of residence of the winner. The Winner is solely responsible for any other expenses including taxes or other expenses.
9. TERMS APPLICABLE TO ALL PRIZES. Odds of winning the prize depend on the number of eligible entries received during the Contest Period and the skill of the Participants. No other prize elements except those specifically described here are awarded. Federal, state, and local taxes and any incidental expenses not set forth herein, if any, shall be the responsibility of the Winner. All expenses relating to acceptance of the Prize not explicitly stated herein, including but not limited to taxes, are the responsibility of the Winner. Fila, and/or any other relevant party, reserves the right to remove or to deny entry to Participants who behave in a disruptive manner, or act with the intent to annoy, abuse, threaten or harass any other person. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Fila reserves the right to substitute a Prize or any of its components with a prize of comparable or greater value should the Prize or any of its components become unavailable. The Prize is solely for personal use.
10. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of an Entry Photo, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with Fila. Participants acknowledge that they have submitted their Entry Photos voluntarily and not in confidence or in trust. Participants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between them and Fila and that no such relationship is established by the submission of an Entry Photo entry under these Rules.
11. INTELLECTUAL PROPERTY RIGHTS. Each Participant shall retain ownership of all intellectual property rights in the Entry Photos (including moral rights) subject to these rules. However, by entering the Contest, and to the extent allowed by law, the Grand Prize Winner and each Participant grants Fila and its affiliates, licensees, promotional partners, developers and third party marketing entities a non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the Entry Photos throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
12. PUBLICITY. By entering the Contest, Participants agree to allow Fila to use their name, images, likeness, voice, photo, video and/or a short biography in connection with their Entry Photo, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on Fila’s website, use in press releases, use on social media sites including, but not limited to, Facebook, Twitter, and Instagram, and use in connection with any events associated with the Contest and/or the marketing of the winning Entry Photo. To this end, Participants waive any rights to privacy or publicity or laws of similar effect. Participants further agree to inform Fila of any press inquiries they may receive that relate to the Contest, Fila, and/or their Entry Photo before responding to such inquiries.
13. PARTICIPANT REPRESENTATIONS AND WARRANTIES. By entering the Contest, Participants represent and warrant that the Entry Photos submitted are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Entry Photos and that they have the right to submit the Entry Photos in the Contest and grant all required licenses and assignments. Each Participant agrees not to submit any entry that infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, confidentiality obligations. Participants also represent and warrant that they have not previously submitted their Entry Photos as an entry in another contest, promotion, competition, or similar activity.
14. INDEMNITY. To the maximum extent permitted by law, each Participant indemnifies Fila and its affiliates, subsidiaries, parent companies, licensors, advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agencies (“Contest Entities”) at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Entry Photos or other material submitted by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person; (b) any misrepresentation made by the Participant in connection with the Contest; or (c) any non-compliance by the Participant with these rules. To the maximum extent permitted by law, each Participant agrees to release, discharge, indemnify and hold harmless the Contest Entities, Facebook, and Instagram, against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Contest-related activity, including any claims relating to use, misappropriation or disclosure of any materials submitted herein.
15. CONTEST CONDITIONS. This Contest is subject to all applicable federal, state and local laws. By participating, Participants agree to be bound by these Rules and the decisions of Fila, and waive any right to claim ambiguity in this Contest or these Rules. Fila reserves the right to terminate, or end-early, the Contest at any time, for any reason, at its sole discretion, and to disqualify any Participant if, in its sole discretion, the integrity or fairness of the Contest has been compromised. All decisions of Fila and/or the panel of judges are final in all matters relating to this Contest.
16. NO WARRANTIES. By entering, each Participant agrees and acknowledges that Fila has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the prize items.
18. MOBILE DISCLOSURE. By using your wireless mobile device in connection with the Contest, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest.
19. NOTE ABOUT INSTAGRAM. Fila is not responsible for any changes or unavailability of the Instagram service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Fila’s ability to use Instagram for the Contest as set forth herein that are not acceptable to Fila) or ability of Participant to timely enter, receive notices or communicate with Fila via Instagram, in which case Fila, in its sole discretion, may terminate or modify the Contest. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Instagram Account for the potentially winning Participant, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an email 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. The potential Grand Prize Winner may be required to provide Fila with proof that he/she is the registered account holder for the e-mail address associated with the Instagram Account for the potentially winning entry. If a dispute cannot be resolved to Fila’s satisfaction, the entry will be deemed ineligible. It is the sole responsibility of the Participant to notify Fila in writing if the Participant changes his or her email or postal address during the Contest Period. Any damage made to the Instagram service will be the responsibility of the registered account holder of the e-mail address for the Instagram Account used at the time of entry.
20. GOVERNING LAW AND JURISDICTION. This Contest is governed by the laws of the United States of America and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and Fila in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws provisions thereof.
21. ARBITRATION. By entering the Contest, Participants agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between Participants and Fila of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York City, New York, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
22. RULES & WINNERS. Copies of these Contest rules are available at Fila U.S.A., Inc., 340 Madison Avenue, 3rd Floor, New York, New York 10017 or can be viewed on the Contest page of fila.com at . For a copy of the official Contest rules or a list of winners (available after January 15, 2014), send a self-addressed stamped envelope to:
Fila U.S.A., Inc.
340 Madison Avenue
New York, New York 10017
Attention: Legal Department
Requests must be received by July 15, 2014.
23. SPONSOR. Fila U.S.A., Inc., 340 Madison Avenue, 3rd Floor, New York, New York 10017. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Instagram or Facebook. Please direct any questions or comments regarding this Contest to Sponsor.
Fila shall not be liable for technical, pictorial, typographical, or editorial errors or omissions contained herein.
Copyright ©2013 Fila USA, Inc. All rights reserved. Fila® and other Fila-owned trademarks or logos used herein are trademarks of Fila Luxembourg S.a.r.l.