Vibram Get Grounded Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Entry Period: The entry period for the Vibram Get Grounded Contest (“Contest”) begins Tuesday January 15, 2013 at 12:00 A.M Eastern U.S. Standard Time (“EST”) and ends February 19, 2013 at 12:00 A.M EST (the “Entry Period”).
2. Sponsor and Administrator: Vibram USA, Inc. (“Sponsor”) located at Vibram, Damon Mill Square, Concord, MA 01742 is the sponsor of the Contest. Triple Dot Reprise, Inc. d/b/a AMP Agency (“Administrator”) located at 77 N. Washington Street, Boston, MA 02114 is the administrator of the Contest. Entrants should contact Administrator with any questions, comments or problems related to the Contest or these Contest terms and conditions (the “Official Rules”). This Contest is in no way sponsored, endorsed, or administered by Pinterest, Inc. (“Pinterest”).
3. Eligibility: This Contest is open to elibible legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry into the Contest (each such person entering the Contest is referred to herein as “you”, “your” or “Entrant”). Void in Rhode Island, Puerto Rico, Guam, the U.S. Virgin Islands, other U.S. territories and possessions, U.S. Military Installations located in foreign countries, and where prohibited by law. Employees, officers, and directors, and their immediate families (spouses, parents, siblings, children, and those living in the same households) of Sponsor, Administrator, and their respective parent companies, affiliates, subsidiaries, prize suppliers, printers, distributors, advertising and promotional agencies (collectively, the “Contest Entities”), are not eligible to participate in the Contest.
4. Entry: To enter the Contest, go to Sponsor’s FiveFingers™ board on Pinterest® at www.pinterest.com/FiveFingers (the “Site”) and (a) “follow” the Site, (b) visit the “Get ?Grounded” board, (c) select one of the images provided solely by Sponsor and (d) utilize the image to create a “pinnable” work using any generally available graphics program and reflecting a statement on what helps keep you mentally and spiritually centered, i.e., “grounded”, or a statement or slogan about the concept of being “grounded” (the “Theme”) (e) upload and “re-pin” your work to the “Get Grounded” board. The re-pinned work will be your “Entry”. Each Entry must have the hashtag “#GetGrounded” properly attached to it to be eligible.
Sponsor and Administrator reserve the right to deem any Entry inappropriate for any reason and to disqualify any Entry from the Contest. Sponsor and Administrator reserve the right, in their sole discretion, to remove any Entry at any time, without notice, for any or no reason.
All Entries must be received by the end of the Entry Period. The clocks incorporated into Sponsor’s servers shall determine the start and end times of the Contest.
All Entries become the exclusive property of Sponsor, submission of an Entry will not be acknowledged, and no Entries will be returned. Sponsor shall have the right to edit, adapt, and publish any or all of the Entries, and may use them in any media without attribution or compensation to the Entrant, his or her successors or assigns, or any other entity.
Sponsor and its respective designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to Entrant or any third party.
You may enter the Contest only once. Additional Entries received from the same person or the same email address will be disregarded. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Contest or subvert the entry process is prohibited and may result in the disqualification of the Entrant and the Entry, and any votes that it may have garnered, will be void.
Odds of winning depend upon the total number of eligible entries received as well as the skill of the Entrant.
6. Contest Finalist Selection and Winner Determination: At the end of the Entry Period, up to 12 semifinalist Entries (the “Finalist Entry” or “Finalist Entries”) will be chosen by Sponsor designated judges (the “Judges”) from among the pool of all eligible Entries received during the Entry Period. The following criteria will be used to judge the entries, each being given equal weight: (i) Originality; (ii) Creativity; and (iii) Artistic balance between selected image to Entry text (collectively the “Judging Criteria”) The Finalist Entries will be posted to a finalist board on the Site (the “Finalist Board”). . All Entries must reflect the Theme to be eligible for selectionas a Finalist Entry. Sponsor reserves the right to post less than 1 Finalist Entries to the Finalist Board if it does not receive, in its sole discretion, a sufficient number of eligible Entries. If less than 1 Finalist Entries can be selected after Sponsor’s commercially reasonable due diligence, then Sponsor shall have the right to discontinue the Contest and not award the prizes.
From 12:00:00 P.M. (noon) EST on February 11, 2013 through 12:00:00 P.M. (noon) EST on February 19, 2013 (the “Voting Period”), visitors to the Site will have the opportunity to “like” one or more of the semi -Finalist Entries. Only one “like” per Entry per person per email address will be permitted. Each “like” will be considered one vote for that semi -Finalist Entry. Entrants may “like” their own and/or other semi -Finalist Entries. The “likes” of any person generated with the intent, in Sponsor’s sole discretion, to circumvent the fair and proper conduct of the “like” process or negatively affect the Contest overall will result in the disallowance of all of the “likes” of such person (whether or not improper) and the possible disqualification of the semi-Finalist Entry. The twelve(12) Finalist Entries garnering the most eligible “likes” at the end of the Voting Period will be deemed the “Potential Prize Winners”.
In the event of a tie for the winning position, the judges shall select the winning entry (or entries if applicable) from among the tied Entries utilizing the Judging Criteria. Judges’ decisions in connection with the selection and determination of finalists and Potential Prize Winners are final, binding and not appealable.
7. Winner Notification: Potential Prize Winners will be notified by email (“Prize Notification”) although Potential Prize Winners may be further contacted by other means of communications, if available. Potential Prize Winners must respond to the Prize Notification within five (5) business days of the date of notification (the “Response Deadline”) and, if requested, confirm their eligibility and provide full name and a street mailing address (no P.O. Boxes) ("Mailing Information") where Sponsor, if Sponsor so opts, can send an Affidavit of Eligibility and Liability/Publicity Release (where legal) (collectively, the "Contest Documents"). Each Potential Prize Winner may be required to sign and return the completed Contest Documents within five (5) business days of date of receipt of the Contest Documents, if sent by Sponsor. Provided that a Potential Prize Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor’s timely receipt of the signed Contest Documents or other alternative declaration of eligibility, Sponsor shall declare the Potential Prize Winner a “Prize Winner”. Failure to respond to any Prize Notification or provide the completed Contest Documents to Sponsor within the Response Deadline, or any Prize Notification or Contest Documents returned to Sponsor as undeliverable may result in prize forefeiture. In the event of non-compliance with the Response Deadline or these Official Rules or if the prize, Contest Documents or Notification is returned, refused, or returned as undeliverable, or if Sponsor is unable to contact a Potential Prize Winner within a reasonable time period, then the prize will be forfeited and, at Sponsor’s discretion and with time permitting, an alternate winner with the next highest number of “likes” may be selected for the prize at issue.
During the Entry Period, Voting Period and at any other time thereafter as solely determined by Sponsor, Sponsor shall have the right to contact Entrants to confirm personal information and for such other Contest business as Sponsor deems necessary. Any such contact is for informational purposes only and is not, nor should be inferred to be, indicative that any such contact will result in the contacted Entrant being selected as a Prize Winner or receiving any other benefit of the Contest.
8. Prizes: Each Prize Winner will be awarded one (1) pair of Vibram FiveFingers® footwear. The model and colors of Vibram FiveFingers® footwear available as the prize are within Sponsor’s discretion. Sizes subject to availability. Approximate Retail Value (“ARV”) of each prize is not more than Two Hundred Dollars ($200.00) per pair, depending on model awarded. Total ARV for all prizes is up to $1,400.00.
Prizes cannot be redeemed for cash or transferred by Prize Winners. Sponsor reserves the right to substitute a prize, or portion of a prize, for another prize of comparable or greater value, at its sole discretion. All 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). Acceptance, participation in and/or use of a prize is at the winner’s sole risk and Contest Entities, Pinterest, and their respective officers, directors, agents, shareholders and employees (collectively, the “Released Parties”) are not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any such prize (including any travel or activity-related thereto). The ARV of a prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of a prize turns out to be less than the stated ARV, the difference will not be awarded.
9. General Conditions: Only one prize will be awarded per person per household per email address. The Contest is governed by the laws of the United States and the Commonwealth of Massachusetts. All applicable federal, state and local laws and regulations apply. The Contest is not to be used in connection with any form of gambling. Prizes will only be awarded and/or delivered to addresses within the 50 United States and the District of Columbia. All applicable taxes, fees, and surcharges on and in connection with the prizes, including, but not limited to, income taxes, sales taxes, federal, state, or local taxes, are the sole responsibility of the Prize Winners. Prize Winners may be issued a 1099 tax form for the ARV of the prizes. Failure to comply with the Official Rules will result in forfeiture of the prize. If a prize is forfeited, an alternate winner may be selected from among the remaining eligible Entries based on the judging criteria applicable to such forfeited prize award. Entrant agrees to sign any additional documentation requested by Sponsor in addition to the Contest Documents. In the event a claim or dispute arises, in no event shall Entrant or any other party be entitled to equitable or injunctive relief and its sole remedy shall be in an action at law for damages.
Except where prohibited by law, the Entrants and Prize Winners grant (and agree to confirm that grant in writing) permission for Sponsor and their advertising and promotional agencies, and those acting under their authority to use such winner’s name, photograph, voice, image, biographical information, and/or likeness, performance, and submission and/or Entry (including its display, reproduction and distribution), for use in any and all media and formats now known or hereafter discovered throughout the Universe in perpetuity, without notice, review, approval, or additional compensation, including but not limited to promotional, advertising and/or publicity purposes in connection with the Contest. Entrants and winners further agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by Entrants against, any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this Contest, or while traveling to, preparing for or participating in any Contest activity or a Released Party’s use of the rights granted herein. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prizes awarded (including any travel or activity-related thereto). Released Parties make no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. Released Parties will not replace any lost or stolen prize items.
10. Conduct: These Official Rules will be posted at the Site throughout the Contest period. Entrants further agree to be bound by the decisions of the Sponsor and Judges, which are final and binding in all respects. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if it finds an Entrant, or an individual acting with the approval of or in concert with an Entrant, to be tampering with the entry or rating process or the operation of any of the Contest or any website; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, and void all associated Entries/ratings. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND ANY OTHER LEGAL REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitations of Liability: Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of Entries or ratings in the Contest. Released Parties assume no responsibility for any misdirected, garbled, stolen, incomplete, inaccurate, delayed, late or lost emails, Entries, ratings, mail or Prize Notifications, or 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 or ratings. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any injury or damage to Entrants’ or to any other person’s computer, smartphone, tablet, or other device related to or resulting from participating or downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupts or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, and if terminated, at Sponsor’s discretion, determine the winners for the prizes at issue from the entries received before the termination of the Contest using the applicable winner determination procedure set forth herein. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of registration. The authorized account holder is defined as the natural person who is assigned to an email address by an internet service provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.
12. Winners List and Rules: To obtain a printed copy of the name of the winners (available after February 19, 2013 or a copy of the Official Rules by mail, send the applicable request and a self-addressed, stamped, #10 envelope to: Vibram Get Grounded Contest c/o AMP Agency, 77 N. Washington Street, Boston, MA 02114 Attention: Vibram Account Team, for receipt no later than February 12, 2013. Residents of Vermont may omit postage for a printed copy of the Official Rules.