New Balance School Shoe Make-over Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED
4. Timing: The Contest begins on April 5, 2016 at 12:00 a.m. Eastern Time ("ET"), and ends on April 30, 2016 at 11:59 p.m. ET (the "Contest Period"). Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: To participate, you will need to use a Twitter or Instagram account ("Social Account"). Social Accounts are free but subject to the applicable terms of service (Twitter: https://twitter.com/tos or Instagram: https://www.instagram.com/about/legal/terms/). Your account settings must be set to "unprotected" and/or "public" in order for your Tweets/Instagram posts to be viewable by Sponsor. If you post or tweet using your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans.
To compete in this Contest, you must take the following actions during the Contest Period:
(1) Register your School in the Billion Mile Race (www.BillionMileRace.org/register);
(2) Log in to your School's account and add miles (walked and/or run by your students) to your School's profile at least two (2) times during the Contest Period; and
(3) Tweet or post to Instagram either (a) a photo and caption or (b) a video and caption that showcases your students in action and articulates why walking and running makes your School a better place to be; and
(4) Your Tweet or Instagram post must also include #ShoeMakeoverContest.
Your School will be entered into the Contest if and only if it completes all of the above steps. The content included in your Tweet or post will herein be referred to as your submission ("Submission"). By Tweeting or posting your Submission, you agree that it conforms to the permissions, requirements, and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission from a gallery, if any, and disqualify you if it believes that it fails to conform.
Permissions: School/Representative must have permission from anyone who appears in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Where a minor is included, School must have permission from the parent or legal guardian of minor. Permission may be recorded via a document specific to this Contest, or a general release made for all photo and media uses, which includes this Contest. If requested, School must be able to provide such permissions or proof in a form acceptable to Sponsor, and School shall indemnify each of the Released Parties from any claim, action, expense or damage arising from the use of such Submission in accordance with the terms set forth herein.
· The Submission must be in formats that are allowable for the social channel used;
· The Submission must contain a descriptive caption;
· The Submission must include the hashtag #ShoeMakeoverContest;” and
· The Submission be in English.
· The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
· The Submission must not contain content created by a third party, such as music, images or artwork, unless you have obtained the rights to use the content;
· The Submission must not feature brand names or trademarks other than those owned by Sponsor or New Balance, which School has a limited license to use in his/her Submission in this Contest;
· The Submission must not disparage Sponsor or any other person or party;
· The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
· The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender, gender identity and/or expression (including a transgender identity), sexual orientation, military or veteran status, genetic information, or any other characteristic protected under applicable federal, state or local law; and
· The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Limit: Each School may upload three (3) Submissions during the Contest Period.
Submissions received from any School in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the Twitter or Instagram account used will be deemed to be the Representative and must comply with these Official Rules. Representative may be asked to provide proof of his/her authorization from the School and may be required to show proof of being an authorized Twitter or Instagram account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
6. Sponsor's Use of Submissions: Tweeting or posting a Submission constitutes School’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, School will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights School is granting to use the Submission.
7. Winner Determination: After the conclusion of the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the School with the highest-scoring Submission (the potential Grand Prize Winner) from among all eligible Submissions based on the following criteria (“Judging Criteria”):
· Quality of Submission (33%);
· Submission shows why walking and running are making the school a better place (33%); and
· Submission inspires others to participate in the Billion Mile Race (34%)
The two hundred (200) Schools whose Submissions receive the next-highest scores will receive a Runner Up Prize. In the event of a tie, the School whose Submission best demonstrates inclusivity across ages, genders and physical abilities as determined by the qualified judges, in their sole discretion, will be deemed the applicable winner. Sponsor reserves the right to award fewer prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores.
8. Winner Requirements: Potential winners will be notified through the social account they used to enter or by email to the address associated with their Billion Mile Race profile on or before May 31, 2016. An authorized representative of the potential Grand Prize winning School will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to execute and return the Declaration or provide any other requested information within the required time period (as applicable), does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.
9. Prizes: ONE (1) GRAND PRIZE: Winning School will receive pairs of New Balance shoes (all details about the shoe to be determined by Sponsor in its sole discretion) to be distributed to each student and staff member of that school (up to 1,000 pairs of shoes). Approximate Retail Value (“ARV”): up to $56,250.
TWO HUNDRED (200) RUNNER UP PRIZES: A Billion Mile Race Prize Pack, which includes a dry-erase poster, a dry-erase marker, and New Balance water bottle. ARV: $15.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per School. Prizes will be fulfilled 8 – 10 weeks after the end of the Contest.
10. Release: By entering into this Contest and/or the receipt of any prize, each School agrees to release and hold harmless the Sponsor, Childobesity180, New Balance Athletics, Inc., Twitter, Inc, Instagram, Inc., HelloWorld, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, the use of such School’s Submission or receipt or use or misuse of any prize.
11. Publicity: Acceptance of any prize shall constitute and signify each winning School's agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by School/Representative, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; (6) any liability arising from the use of a School’s Submission as set forth herein; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from School’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each School agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will School be permitted to obtain awards for, and School hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the School and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winner List: For a winner list, visit http://bit.ly/1mtmmsw. The winner list will be posted after winner confirmation is complete.
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