(1) NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE A PERSON’S CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
ELIGIBILITY: The Bogs Design Contest (the “Contest”) is open only to legal residents of the United States and Canada (except for the Province of Quebec) who are 18 years of age or younger
The following persons are not eligible to participate in the Contest: the employees, officers, directors, partners, equity holders, members and agents of Bogs Footwear (“Bogs”) and Weyco Group Inc. (“Weyco”), and each of their respective immediate family members (spouse, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and members of their same households (whether legally related or not).
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules.”
CONTEST PERIOD: The contest will run from August 2nd 2018 – September 3rd 2018. We will announce winners on September 10th 2018.
HOW TO ENTER: To enter, submit an original shoe design to email@example.com. Once submitted, all entries and designs become the exclusive property of Bogs. Proof of sending or submission will not be deemed to be proof of receipt by Bogs. Bogs will not be responsible for: (a) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by the Bogs for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer or device and/or its contents, or causes beyond Bogs’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (d) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (e) any typographical or other error in any printing or advertising related to this Contest, in the administration or execution of the Contest, or in the announcement of the prize winners; or (f) cheating or fraud by any entrant. Late, incomplete, illegible or duplicate and non-original entries will be disregarded.
SUBMISSION GUIDELINES: Designs must be the original work of entrant, must have been created specifically for the Contest, and must not have been previously published, released commercially or won any awards. Any element appearing in a design, including, without limitation, photographs, art or any other materials, must be entrant’s own original work, created by entrant, or be in the public domain.
Designs must not feature the name, likeness or other personally identifiable information of any person other than entrant. Personally identifiable information includes, but is not limited to name, license plates, phone numbers and personal addresses. Designs must not contain material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Bogs in its sole discretion. Further, designs must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise included as part of the design must be in the English language.
By entering the Contest, each entrant represents and warrants that: (i) the design is the original work of the entrant, that he/she has all rights to the design, that the design has not been released commercially, been previously published or won any awards; (ii) the design and use of the design does not and will not violate any law, statute, ordinance or regulation; (iii) the design is free and clear of any and all liens or claims with respect to the use of the design in the manner authorized in these Official Rules; (iv) the design does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the design is not and will not be defamatory, disparaging, libelous, pornographic or obscene.
Bogs reserve the right to disqualify any design that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the guidelines specified herein, or designs which contain content inconsistent with the positive images and/or good will to which Bogs wishes to associate. Bogs may request entrant to modify or edit any design so that the design meets such guidelines. Bogs is not obligated to use, publish or display or broadcast any design. All designs will be reviewed for content before being published or judged, however such review does not relieve entrant from responsibility for compliance with all of these Official Rules. Entrants acknowledge and agree that Bogs may receive many designs in connection with this Contest and that some designs may be very similar in content, idea, theme, or in other respects to other designs received or submitted. Entrants waive any and all claims entrant may have had, may have and/or may have in the future, that any design in this Contest is similar to his/her design, or that any compensation is due to entrant in connection with such design.
Bogs shall own all designs submitted, and entrant waives any and all rights to the design.
All entrants agree that, in exchange for their participation in the Contest, they grant, and have full right to grant, Bogs, Weyco and their representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize design; and (ii) the non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and or otherwise exploit, the designs, and/or any portions or excerpts thereof, including without limitation, using entrant’s name, image, likeness, performance, voice and any other attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Bogs, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to entrant or any third party.
Entrants agree to obtain, upon request from Bogs, any documentation necessary to prove their right to use the design as specified in these Official Rules. Entrants also acknowledge and agree that Bogs shall own all right, title and interest, including all copyright ownership, in the design and any derivative works Bogs may create from any element of the design.
SELECTION OF FINALISTS/CONTEST PROCEDURE: On September 17, 2018, Bogs will select 12 finalists from among all eligible entries received, based upon the quality of the designs submitted in connection with the entry. Designs will be judged by representatives selected by Bogs (“Judges”) based on the judging criteria specified herein. Entries will be judged based on originality and creativity. The Judges also reserve the right to select more or less Finalists, or not to declare any Finalists if, in their sole discretion, an insufficient number of designs are received and/or the designs do not meet the qualification standards based on the Judging Criteria specified herein. The application of the Judging Criteria shall be in the sole and absolute discretion of the Judges.
In the event that more than one entrant independently submits the same winning design, the entrant that posted the design first will be determined to be the Winner. Contest Entities and Judges disclaim any liability from any entrant and entrants agree to waive any claims against Contest Entities and Judges relating to the judging or awarding process.
PRIZES: There will be two age groups: 0-9, and 10-18. Bogs will provide the following prizes:
2 grand prize winners will be selected from each age group. Each will receive one pair of free Bogs boots. Bogs will use the winning print design as inspiration for a future kids boot. The following year when the boot is sold Bogs will give a portion of the proceeds to Outdoor Education initiatives.
5 other prize winners in each age group will also be selected. Each will receive one pair of free Bogs boots.
All prizes are non-transferable and non-assignable by winner and/or runners up to any other person, including relatives or friends, without the consent of Bogs. Prizes may not be offered for sale or at auction. All prize details not specified in these Official Rules will be determined by Bogs in its sole discretion. In the event a prize is unavailable, Bogs reserves the right to substitute a prize of equal or greater value. Unless otherwise stated herein, 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). All expenses not specifically mentioned herein as being included with the prizes, are solely each winner’s and/or runner up’s responsibility. Unclaimed prizes will be forfeited. The prizes are not redeemable for cash.
By entering, each entrant agrees to release, hold harmless and indemnify Bogs, Weyco and each of their respective subsidiaries, affiliates, directors, officers, partners, equity holders, shareholders, members, employees, agents and representatives and all others associated with the manufacture, distribution, development and execution of this Contest and prizes (the “Released Parties”) from and against any and all claims, liability, injury, expenses (including reasonable attorneys’ fees), damage, loss or causes of action (however named or described) that may occur, directly or indirectly, in whole or in part, from: (i) entrant’s participation in the Contest; (ii) the delivery, mis-delivery, receipt, acceptance, possession, use or misuse of the prizes awarded in the Contest; (iii) the use of a winner’s name, photograph and/or likeness as permitted herein, including, without limitation, claims based on publicity rights, defamation and/or invasion of privacy; (iv) any claim that the design submitted by entrant violates or infringes upon the rights of any third party, and/or (v) any travel or activity related to the receipt, use or misuse of the prizes, including, but not limited to, personal injury, death and/or property damage. Additionally, the Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof or inability to continue the Contest, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute, lockout, work slowdown or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the control of any Released Party.
Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Bogs will be disqualified. Bogs reserves the right in its sole discretion to disqualify any individual believed to be tampering with the entry process or the operation of the Contest or found to be acting in violation of the Official Rules, or who is believed to be undermining or attempting to undermine the legitimate operation of the Contest, or who has used a software-generated, robotic, programmed, script, macro or other automated method of entry or a third-party entry service to participate in the Contest.
If, for any reason, the Contest is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Bogs or Weyco that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, or for any reason Bogs or Weyco deem it necessary, Bogs and Weyco reserve the right in their sole and absolute discretion to cancel, terminate, modify or suspend the Contest. In the event the Contest is terminated before the intended end date of the Contest period, winner(s) may be selected by Bogs from among all eligible, non-suspect entries received as of the time/date of termination.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF- POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) ENTRANT IRREVOCABLY AGREES TO BRING ANY ACTION ARISING OUT OF OR RELATED TO THE CONTEST IN THE COMPETENT COURTS OF THE STATE OF WISCONSIN.
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