Shoes by Firebug L.L.C. #ShowUsYourFirebugs Video & Photo Contest
The Shoes by Firebug L.L.C. #ShowUsYourFirebugs Video & Photo Contest ("Contest") is sponsored by Shoes by Firebug L.L.C. ("Sponsor"). The Contest is void where prohibited. By entering, you accept and agree to be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification. Please note that these Official Rules contain a binding arbitration clause and class waiver. These provisions affect your rights; please read them.
Firebugs (“Firebugs brand of footwear”)
Firebugs social media accounts (“Facebook, Pinterest, Instagram, Twitter, or other former, current and future communication methods deemed fit by Shoe by Firebugs L.L.C.”)
Social media (“Facebook, Pinterest, Instagram, Twitter, or other former, current and future communication methods deemed fit by Shoe by Firebugs L.L.C.”)
Photo or photo (“Video or Photo”)
This Contest is not sponsored, endorsed, or administered by Facebook, Pinterest, Instagram, Twitter nor any other third party.
HOW TO ENTER:
Contests will run monthly. Winners will be announced on or before the 15th day of the following month.
Note that each month represents a separate Entry Period and entries will not be carried over from one Entry Period to another. The first Entry Period of this contest will be October, 2015.
During any Entry Period, post your photo (video or photo) on any one of the Firebugs social media accounts and include the text: #ShowUsYourFirebugs
(You should only post your entry once and only post from one account.)
Any entry without the required text is ineligible.
All entries must be complete and legible in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud.
You may submit only one entry on Firebugs social media accounts, but may enter multiple times using multiple styles of your Firebugs. You may win only once for the duration of the Contest. All entries will be considered made by the authorized account holder of the social media account from which the entries are made. Duplicate or multiple entries will be disqualified. Use of any automated entry software is prohibited.
Sponsor is not responsible for lost, late, illegible, or misdirected entries, including due to technical/network failures, human error, or any other error or malfunction.
You agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any website (or other online service) or undermine the operation of the Contest is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages from any person who makes such attempt(s). You also agree not to provide or upload any content which is defamatory, threatening, distasteful, racist, obscene, unlawful or otherwise objectionable.
Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder from any of the Firebugs social media accounts from which the entry is made shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.
Photos must be in digital format and must have been taken by you. Photos that violate or infringe any person′s rights, including but not limited to copyright(s), are not eligible. You must secure the consent of any person depicted in the photo submitted, as well as the owner of any private property depicted in the photo.
ELIGIBILITY: This Contest is open only to legal residents of the United States who are at least 16 years old at the time of entry. The Contest is void where prohibited or restricted by law. Employees of Sponsor and their family members or persons living in the same households of such individuals are not eligible to participate in this Contest. By entering this Contest, you agree to abide by all terms of these Official Rules and to be bound by the decisions of the Sponsor. All federal, state, and local laws apply. Winners will be required to sign and return to Sponsor within ten (10) days an affidavit of eligibility (except where prohibited) affirming their agreement to all terms, conditions, and restrictions in these Official Rules.
PRIZES: One prize per Entry Period will be awarded each month for a total of twelve prizes per year, or until that time, at its sole desecration, Shoes by Firebug L.L.C. terminates the Contest. Each prize is a $49 USD gift card redeemable at: http://www.firebugshoes.com/
Approximate value of all prizes to be awarded each calendar year is $588.00 in U.S. dollars. Prizes may not be exchanged or redeemed for cash, sold, or traded. No prize transfer, assignment, or substitution by Winners is permitted. Sponsor reserves the right to substitute a prize, in which case a prize of equal or greater value will be awarded.
Winners will be solely responsible for any and all local, state, and federal taxes, as well as any license and registration or other fees incurred by participation in the Contest, including but not limited to transportation costs, gratuities and other items of an incidental nature. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winners will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.
Each prize is 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) by Sponsor.
CONTEST JUDGING CRITERIA: You must post a photo on Firebugs social media accounts featuring a pair of Firebugs. Entries will be judged by a panel of judges consisting of members of the Sponsor′s management on the basis of creativity, originality, composition, and overall impact. Odds of winning will depend on the number of entrants. Judges will select Winners from among all eligible entries by the 15th day of the following month for each individual Entry Period. All decisions made by Judges are final. All decisions of Sponsor concerning all matters related to this Contest are final.
WINNERS: Winners will be notified via the social media platform they used to submit their entries. Winners must meet all eligibility requirements including the execution and delivery of all necessary releases. If any attempted notification is not successful within ten (10) days, the prize will be forfeited and Sponsor reserves the right to select an alternate winner from among the remaining eligible entries, in accordance with the judging criteria set out in these Official Rules.
SPONSOR′S USE OF INFORMATION SUBMITTED IN CONNECTION WITH THE CONTEST: Except where prohibited by law, by entering the Contest, each entrant warrants and represents the following with respect to entrant’s Entry: (a) entrant is authorized to grant Shoes by Firebug L.L.C. the right and permission to use the Photo, including permission from any immediate family members included therein; (b) entrant is the sole and exclusive owner of the Entry, including the Photo; (c) the Photo is 100% original and entrant owns all rights in and to the Photo, including copyright; (d) the Photo will not infringe on or conflict with the rights of any third parties; and (e) any persons appearing in the Photo have given entrant appropriate written consent to be photographed and used as permitted herein (which shall be provided to Shoe by Firebugs L.L.C. upon request thereof). By entering, all entrants acknowledge and agree that their respective Entries will be posted on Sponsor′s′ website and/or other social media platforms. To the extent that any materials or information you submit are protected by the intellectual property laws of any jurisdiction, you hereby grant to Sponsor a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the material or information, except where prohibited by law. Entrant grants permission to the Sponsor to use all names, photos, likenesses, and any other information entrant submits to Sponsor in connection with the Contest for current and future marketing, marketing solicitations, advertising and promotional purposes, by Sponsor.
CONDITIONS AND RESTRICTIONS APPLY: Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Proof of U.S. residency, age, and identity are required to claim a prize. Winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. An entrant is not a winner of any prize unless and until entrant′s eligibility has been verified and entrant has been notified that verification is complete. In the event that a winner is determined to be ineligible or fails to respond to Sponsor within ten (10) days of notification, the prize will be forfeited and Sponsor reserves the right to select an alternate winner from among the remaining eligible entries in accordance with the judging criteria set out in these Official Rules. Sponsor reserves the right to terminate the Contest without awarding the prizes if no eligible Winners or alternate Winners claim the prizes within the required time period.
Winners will be required to execute and return to Sponsor a liability release and affidavit of eligibility (except where prohibited) within ten (10) days of notice of winning. In the event that a winner fails to execute and return a liability release and affidavit of eligibility (except where prohibited) within ten (10) days of notice of winning, their prize may be forfeited and Sponsor may select an alternate winner from among the remaining eligible entries.
Acceptance of prize constitutes permission for the Sponsor to use winner′s name and/or likeness and/or winning photo for advertising and promotional purposes without additional compensation, unless prohibited by law. Names and contact information of Contest participants may be used for future marketing solicitations by Sponsor.
LIMITATION ON LIABILITY: Neither Sponsor nor collectively, any Firebugs social media accounts and or owners, operators, contractor or agents of social media, the "Released Parties" will be responsible for lost, late, damaged, defaced, incomplete, stolen, illegible, indiscernible, illegally obtained, or misdirected entries, or for any typographical or other error in the printing of the offer, administration of the Contest, or announcement of the prize and/or all Contest-related materials. By entering this Contest, each entrant forever discharges, releases, and holds harmless the Released Parties and each of their parent companies, subsidiaries, affiliates, and each of its directors, officers, employees, and agents from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Contest, however caused.
SPONSOR′S RESERVATION OF RIGHTS: These Official Rules are subject to modification by Sponsor. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Official Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Contest if, for any reason, the Contest is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Contest.
BINDING ARBITRATION AND CLASS WAIVER
This section applies to any dispute you have with Sponsor, unless the dispute involves rights to your, Sponsor′s, or our licensor′s intellectual property.
•Notice of Dispute. In the event of a dispute, you or Sponsor must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to Shoes by Firebugs L.L.C. 14100 Southwest Freeway Suite 360, Sugar Land Texas, 77478. Sponsor will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address if we have it, or otherwise by social media if possible. You and Sponsor will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Sponsor may commence arbitration.
•Small claims court. You may also litigate any dispute in small claims court in Fort Bend County, Texas or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
•Binding Arbitration. If you and Sponsor do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator′s award.
•Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Sponsor will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
•Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. You agree to commence arbitration only in your county of residence or in Fort Bend County Texas. Sponsor agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
•Arbitration Fees. For disputes involving $75,000 or less, Sponsor will reimburse your filing fees and pay the AAA′s and the arbitrator′s fees and expenses. For disputes involving more than $75,000, the AAA Rules will govern payment of all filing fees and expenses.
•Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
•Severability. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of section remaining in full force and effect.
WINNERS LIST: For the name of Winners, please send a self-addressed, stamped envelope to "#ShowUsYourFirebugs” Contest Winner′s List, Shoes by Firebugs L.L.C. 14100 Southwest Freeway Suite 360, Sugar Land Texas, 77478.