Shoe Of The Week Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: SHOE-OF-THE-WEEK PROMOTION (the "Promotion") is open only to legal residents of the United States (excluding Rhode Island and Puerto Rico) who are at least eighteen (18) years old at the time of entry. Entries originating from other jurisdictions are not eligible. This Promotion is void in Rhode Island and Puerto Rico and wherever else prohibited, taxed or restricted by law.
Employees of Aetrex Worldwide, Inc. (“Aetrex” or “Sponsor”) and its subsidiaries, affiliates, prize suppliers, retailers, merchants, and advertising and promotional agencies, as well as their immediate families (spouses, parents, children, siblings and their spouses) and individuals living in the same households as such employees are ineligible.
Participation constitutes entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. TIMING: The Promotion begins on July 17, 2013 at the time Sponsor issues its Footprints™ Newsletter (the “Newsletter”) Eastern Time ("ET"), and ends on December 31, 2016 at 11:59 p.m. ET (the "Entry Period"). During the Entry Period, one (1) pair of entrants will be eligible to win one (1) pair of Aetrex brand footwear per Promotional Week (defined below; and as described and subject to the limitations below). Sponsor’s computer is the official time keeping device for this Promotion.
3. HOW TO ENTER: No purchase is necessary. A purchase will not increase your chances of winning. During the Entry Period, entry into the Promotion can be completed only as follows: (i). Each Wednesday during the Entry Period, Sponsor will issue its Newsletter; (ii). At the time Sponsor issues its Newsletter until the following Tuesday 12:00 p.m. ET (a “Promotional Week”), participants may enter to win one (1) free pair of Aetrex brand shoes (as described below) for that Promotional Week only; and (iii). Participants must click on the Promotion ad in the Newsletter to be redirected to the Promotion page where participant will be prompted to enter his/her name, address, telephone number, email address, and such other information that may be required, if any, in order to be entered into the Promotion. No other form of entries outside of this way to enter will be accepted, like mailed entries, telephone entries, etc. By entering into the Promotion, each participant acknowledges that he/she agrees to the terms and conditions of these Official Rules.
4. LIMITATIONS: Each participant may enter the Promotion one (1) time per Promotional Week only. Each participant is only eligible to win this Promotion two (2) times per Entry Period. Participants who enter the Promotion are only eligible to win only for the Promotional Week in issue. To enter the Promotion for subsequent Promotional Week(s), each participant must follow the entry procedure set forth above in Paragraph 3. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant, at Sponsor’s sole discretion, may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be deemed ineligible and disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the registrant. The "authorized account holder" of an email address, is defined as the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. No facsimile, mechanical reproduced, altered or forged entries are permitted. Proof of entry does not constitute proof of receipt by Sponsor.
5. WINNING & VERIFICATION: Sponsor will randomly select one (1) potential Promotion winner every Promotional Week during the Entry Period from all eligible entries received during the Promotional Week in issue. Potential winners will be notified by e-mail, telephone, or ordinary mail within thirty (30) days of selection. Each potential winner may be required to sign, notarize and return an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit”), W-9 form and copy of an official State Drivers License/ID, which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the Affidavit within the required time period, or a prize is returned as undeliverable, the potential winner forfeits the prize.
Upon prize forfeiture, no compensation will be awarded. If any winner is considered a minor in his/her jurisdiction of residence, such prize will be delivered to the minor’s parent/legal guardian and awarded in the name of the parent/legal guardian. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. There will be two (2) alternate drawings after which the prize will remain unawarded.
Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners shall be final and binding in all matters related to the Promotion. Potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements.
6. PRIZE: The prize awarded to each winner consists of the right to receive one (1) pair of the Shoe of the Week Aetrex® brand footwear offered by Sponsor (e.g., shoes, sandals, boots, sneakers, etc.) The approximate retail value of the winner’s prize is $140.00.
Upon verifying each winner, Sponsor will provide winners with instructions on how to redeem and receive their prize which will be an online ordering procedure. Winners are solely responsible for following instructions and redeeming their prizes, and Sponsor is not responsible for providing reminders, nor will Sponsor provide reminders. Failure by winners to redeem any prize shall constitute a forfeiture of the prize for the calendar year or years in issue, and there shall be no right to collect forfeited prizes retroactively for any missed period.
Winners may choose any size of the Shoe of the Week Aetrex® brand footwear available on the prize redemption site at the time. Prizes will be forwarded in accordance with Sponsor’s standard shipping policies in effect at the time. Exchanges for different sizes are only permitted if returned within fourteen (14) days of receipt and only if in new, unworn condition. Defective items may be exchanged pursuant to applicable warranty in effect.
Prizes must be redeemed by the winner by the end of business (5:00pm EST) within ninety (90) days of being notified of winning from Sponsor. Prizes cannot be extended beyond the validity dates. Prizes have no cash equivalent and all prizes are non-transferable. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is solely responsible for all taxes and fees associated with prize receipt and/or use.
Prizes have no cash or redemption value, and include service charge and sales tax. Prizes are not transferable and may not be transferred, assigned or bequeathed, and may not be transferred upon death or otherwise by operation of law.
7. ODDS OF WINNING: Odds of winning the prize depend on the number of eligible entries received during each Promotional Week of the Entry Period.
8. PUBLICITY: Except where prohibited by law, by accepting the prize, winner grants to Sponsor and its agents the right to use winner’s name, image, likeness, photograph, voice, opinions and/or hometown, state, and biographical information for promotional purposes in perpetuity, worldwide, in any media, including, without limitation, on the Internet or via wireless application protocol or any other means, without further permission, payment or consideration, including but not limited to the use and publication of winner’s name, city and state of residence in Sponsor’s Newsletter.
9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, terminate, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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. Sponsor is not responsible if Promotion cannot take place or if the prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified.
10. RELEASE: By participating, entrants and winners hereby agree to release and hold harmless Aetrex, and its parent company, subsidiaries, affiliates, suppliers, distributors, representatives, servants, employees, merchants, vendors, advertising/Promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees, representatives, servants, merchants, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, for any loss, harm, damage, injury, cost or expense, whatsoever including, but not limited to, personal injury, death, or damage to or loss of property, arising out of or in connection with preparation for, travel to or participation in the Promotion or possession, acceptance, receipt, use or misuse of any prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
11. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, internet, the scanning devices, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. APPLICABLE LAW & DISPUTES: This Promotion is governed exclusively by the laws of the United States and the State of New Jersey. Except where prohibited by applicable law, participants in this Promotion agrees that: (1) any and all disputes, claims and causes of action arising out of or related to this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state (Bergen County) or federal court (Newark) located in the State of New Jersey; and; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances shall entrant be permitted to obtain awards for, and entrant 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 participants and Sponsor in connection with the Promotion, shall be governed by, and construed exclusively in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
14. WINNERS LIST: Winner will be posted on the Sponsor’s weekly newsletter “Footprints”, or for a list of winners, you may write to Sponsor at the address below, enclosing a self-addressed stamped envelope, attention “Shoe of the Week Promotion, Winner List Request”
15. Sponsor: The sole sponsor of this Promotion is Aetrex Worldwide, Inc., 414 Alfred Avenue, Teaneck, NJ 07666.