Merrell Summer Sweepstakes - Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASING OR MAKING A PAYMENT DOES NOT IMPROVE
YOUR CHANCES OF WINNING
1. Eligibility: Open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and U.S. territories and possessions) who are 18 years of age or older as of date of entry. Employees and agents of Holabird Sports (“Sponsor”) or persons living in the same household of such employees are not eligible. The Sweepstakes is governed by U.S. law and is subject to all federal, state and local laws. Void where prohibited by federal, state or local laws.
By participating in the Fueled By Style Sweepstakes, hereby referred to as “Sweepstakes”, each participant agrees to be bound by these Official Rules and the decisions of Sponsor and administrators, which shall be final in all respects.
2. Sweepstakes Period: Sweepstakes begins at 11:00 a.m. Friday, July 5, 2019 and ends at 11:59 p.m. Thursday, August 1, 2019 EST.
3. How To Enter:
1. Follow & RT a #MerrellMonth tweet
2. Tweet at @HolabirdSports, include #MerrellMonth and tag a friend who love the outdoors
You can enter on Instagram by visiting any #MerrellMonth post and commenting according to the instructions - https://www.instagram.com/p/Bzin6B9jd6v/
Web & Facebook
1. Visit - https://woobox.com/6hijme
2. Complete The Entry Form
LIMIT: Four (4) entries per person.
4. Consent to Use of Information: Twitter Participants consent to the business use of their personal information provided in connection with the Sweepstakes by Sponsor, including all use contemplated in the administration of this Sweepstakes, the compliance with any requests for winner’s lists, and any publicizing of the winner or Sweepstakes generally, unless prohibited by law, as well as for the business uses of Sponsor, as stated at http://www.holabirdsports.com/privacy-policy. Winner further consents to Sponsor’s distribution of personal information, including the executed W9, for the distribution of the prize, and a further publicity release (unless prohibited by law). If you do not wish to receive any information from Sponsor, its parents, subsidiaries and affiliate companies, please unsubscribe by writing to Holabird Sports ATTN: Social Media Team, 9220 Pulaski Highway, Baltimore MD 21220.
5. Prize & Approximate Retail Value: There will be 2 (two) grand prizes awarded. Each grand prize winner will receive their choice of Merrel Nova, Merrell Antora or Merrell Mag-9 trail shoe. Approximate value $100 - $140.
Additionally, 50 other entrants will win 1 (one) pair of Merrell Sunglasses and 1 (one) $10 Holabird Sports gift card.
Sponsor will not replace any lost or stolen check once it is in the possession of the Winner. Sponsor will deliver check to the Winner via UPS, return receipt.
The Winner is solely responsible for all applicable taxes, including but not limited to tax or any fees and costs incurred in claiming, registering or using the prize(s). The Prizes are not transferable. Sponsor reserves the right to substitute a prize of equivalent or greater value for any reason including, but not limited to: labor disruptions, adverse weather conditions or other unforeseen events, or any other reasons. Prizes are not redeemable for cash, except at the sole discretion of Sponsor.
In order to redeem his/her Prize, the potential Winner must comply with all requirements in these Official Rules, including the completion and return of documents.
6. Random Drawing & Certain Restrictions: On or about 12:05pm Friday, August 2, 2019 two (2) potential winners of the Grand Prize will be selected in a random drawing conducted from among all valid entries received pursuant to Section 3. On the same day but after the selection of the potential winner is completed, one alternate potential winner will be selected. The random drawing will be conducted by Sponsor. T
Each Friday (7/12, 7/19, 7/26 and 8/2) on or about 12:05pm 10 entrants will be randomly selected to win a pair of Merrell sunglasses and 1 (one) Holabird Sports $10 gift card.
The winners of each drawing will be notified by email or direct message within two (2) business days of drawing. The winner will be required to confirm they have received the Sweepstakes winner’s message within 2 business days of being notified. The winner will be required to sign a Declaration of Eligibility, Compliance with Rules, and Liability/Publicity Release (except where prohibited by law), an IRS form W-9, and such other documents reasonably required by Sponsor in connection with the Sweepstakes, the Prizes, and Sponsor's use of Winner’s name, video-images, likenesses, and biographical information without compensation. All such documents issued by Sponsor must be signed and returned by December 31, 2019, or prizes will be forfeited. In the event that the potential Winner is at least 18 years old but under the age of majority in his/her state of residence, all required documentation must be executed by the potential Winner’s parent or guardian. In the event that the first potential Winner does not respond to the notification in the time set, is ineligible or forfeits prize for any reason, the alternate previously selected will be notified by Sponsor. No efforts to distribute the Prize will be made if the alternate forfeits the respective Prize. The Winner are solely responsible for reporting and paying all local, state and federal taxes and any other expenses or costs relating to the prize. Chances of winning are dependent on number of entrants.
PLEASE NOTE: Sweepstakes winner is not eligible to win a prize in any other Sweepstakes or Sweepstakes sponsored by Holabird. within one calendar month of winning the Sweepstakes.
7. Consumer Disclosure: Odds of Winning: ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED and are subject to the selection of winning entries as described in Paragraph 6.
8. Publicity: Acceptance of Prizes constitutes further permission for Sponsor to use Winner’s name (first name and/or last name or any other name provided with entry) and/or likeness, in all forms and in all media and in all manner, without compensation and without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes, except where prohibited by law
9. Additional Terms/General Release/Limitation of Liability/ Disputes: Sponsor may, to the maximum extent permitted by applicable law and in its sole and absolute discretion and without notice, modify, suspend, terminate, or cancel the Sweepstakes if fraud, technical problems, unauthorized intervention, legal requirements, or any factor beyond its reasonable control impairs the planned operation or integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of modification or termination of the Sweepstakes, Sponsor will, if feasible and within its sole discretion, select a potential Winner based on any non-suspect and salvageable entries received prior to the modification or termination as appropriate. Inclusion in any modified procedures shall be each participant’s sole and exclusive remedy under the circumstances. In no event will more than the stated number of Prizes (2) be awarded.
Use of a false email or other inaccurate entry information will disqualify an entry in the Sweepstakes upon discovery by Sponsor. ANY ATTEMPT TO DELIBERATELY TAMPER WITH OR DAMAGE SPONSOR’S OPERATIONS, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY YOU AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW. Sponsor further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.
Participants acknowledge that Sponsor and/or the other Released Entities (defined below) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness for a particular purpose or merchantability of any aspect of the Sweepstakes or of the Prize. The Prize is awarded AS IS.
All participants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, postage due, altered, stolen, unintelligible, corrupted, incomplete, late, inaccurately transcribed, undeliverable, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, negligence, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including but not limited to any injury or damage to a participant’s or other person’s computer or mobile device related to or resulting from participating in the Sweepstakes, or accessing or downloading materials relating to the Sweepstakes; (iv) any causes, events, or conditions beyond the reasonable control of the Released Entities that may cause the Sweepstakes to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Sweepstakes and/or acceptance, use, or misuse of any prize awarded in the Sweepstakes or any prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, ALL PARTICIPANTS AGREE TO AND HEREBY DO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, AND EACH OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND ANY PARTNERS, DISTRIBUTORS, DEALERS, LEGAL COUNSEL, CONSULTANTS, CONTRACTORS, WEBSITE PROVIDERS, SOCIAL MEDIA SITES, ADVERTISING PLATFORMS, MARKETING COMPANIES, PRIZE PROVIDERS, ADMINISTRATORS, AND VENDORS (AND ALL RELATED COMPANIES), INCLUDING NATIONAL SWEEPSTAKES COMPANY, LLC, AND THE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES OF ALL SUCH COMPANIES (COLLECTIVELY “THE RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.
PARTICIPANTS FURTHER WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
IN ADDITION, BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES THAT ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES. PARTICIPANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, MULTIPLIED, OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY OR IMPLIED WARRANTIES SO SOME OF THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
10. Winner's List: For the name of the winner, send a stamped, self-addressed envelope to “Holabird Social Team – #MerrellMonth 7/5/19 Twitter List, 9220 Pulaski Highway, Baltimore MD 21220. Requests must be received by July 31, 2019.
11. Administration of Sweepstakes: This Sweepstakes is sponsored by Holabird Sports whose corporate headquarters is at 9220 Pulaski Highway, Baltimore MD 21220.
12. No Endorsement from Instagram, Facebook, Google+ and Twitter or any other social media platform or service (collectively, “Social Media Sites”): The Sweepstakes may be promoted by Sponsor or others on one or more of the Social Media Sites. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. Other than applying for a Social Media Site Account generally, any information you provide to Sponsor in connection with the Sweepstakes is to Sponsor and not to the Social Media Site. You understand that by using and interacting with any Social Media Sites you are subject to the terms, conditions, and policies that govern the use of that site. You should therefore review the applicable terms and policies for any Social Media Sites, including privacy and data gathering practices, before using or interacting with these sites.
All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.