Journeys Kidz x Sperry Top-Sider
“Escape to the Cape Sweepstakes”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
I. SWEEPSTAKES PERIOD: The Sperry Top-Sider Kids “Escape to the Cape Sweepstakes” (the “Sweepstakes” or “Promotion”) begins March 15, 2013, at 12:00:01 AM Eastern Time (“ET”) and ends April 30, 2013, at 11:59:59 PM ET (the “Entry Period”).
II. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States and District of Columbia (“D.C.”), who are eighteen (18) years of age or older (19 in AL or NE and 21 in MS). To participate in the Sweepstakes, Consumers are requested to have Internet access or a Facebook account. Becoming a Facebook member is free. If you are not a Facebook member, and would like to become one, visit www.facebook.com. Officers, directors and employees of Stride Rite Children's Group, LLC (“Sponsor” or “SRCG”), Journeys Corporation (“Co-Sponsor”), their parent companies, divisions, subsidiaries and affiliates, Compliance Sweepstakes Services LLC, and the agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to these Promotions (collectively, “Released Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. HOW TO ENTER THE SWEEPSTAKES:No Purchase Necessary.
Consumers and Stride Rite’s Loyalty Members (“Participant” or “You”) may enter using only one of the following seven (7) methods of entry:
1.) Stride Rite’s Facebook Method of Entry: A Participant is invited to enter through Facebook by visiting Stride Rite’s Facebook page at www.Facebook.com/Striderite and follow the link to the registration Facebook App or by visiting www.sperrykidssweeps.com directly to the registration Facebook App. Upon completion of registering their name, address, telephone number and email address a Participant is automatically entered into the Sweepstakes drawing to receive one entry.
2.) StrideRite.com Online Method of Entry: A Participant is invited to visit the “Escape to the Cape” landing page at StrideRite.com/Vacationland and register their name, address, telephone number and email address. Upon completion of the registration, the registered consumer is automatically entered into the Sweepstakes drawing to receive one entry.
3.) Stride Rite In Store Method of Entry: A Participant is invited to visit any of Stride Rite’s corporate owned retail and outlet store locations to receive entry information from a store’s Point-of-Sale signage or from a store sales person. A Participant is to go to www.striderite.com/vacationland (the “Stride Rite landing page”) and follow the prompts to enter via the landing page as described above (#2).
4.) Stride Rite Loyalty Members Entry Method: A Member Participant is invited to visit any of the Stride Rite’s corporate owned retail and outlet store locations to receive entry information from a store’s Point-of-Sale signage or from a store sales person. Go online to www.striderite.com/vacationland/. Follow the prompts to enter your Stride Rite Rewards Loyalty Membership Number. Upon completion of entering the requested information, you will receive two (2) entries into the Sweepstakes.
A consumer who is not a registered Stride RiteRewards Loyalty Member is invited to enter the Promotion by visiting the Stride Rite landing page and register your name, address, phone number and email address. Upon completion of registration, you are automatically entered into the Sweepstakes drawing to receive one entry.
5.) Journeys Kidz Online Method of Entry: A Participant will visit the Vacationland Landing Page at www.journeyskidz.com/ (the “Journeys Landing Page”) and register their name, address, telephone number and email address. Upon completion of registration, the registered consumer will automatically be entered into the Sweepstakes drawing to receive one entry.
6.) Journeys Kidz In Store Method of Entry: A Participant is invited to visit any of Journeys Kidz store locations to receive entry information from the store’s Point-of-Sale signage or from a store sales person. A Participant is to go to the “Journeys Landing Page” and follow the prompts to enter via the landing page as described above (#5).
7.) Mail-in Entry Method: To enter via an Alternate Method of Entry (“AMOE“) without the Facebook or Loyalty Membership obligation, you must legibly hand print the name of the Sweepstakes, your name, mailing address (no PO Boxes), city, state, zip code, phone day and evening numbers, email address and date of birth on a 3-1/2 " x 5 " postcard size and mail it in a first class stamped envelope to: Sperry Escape to the Cape Sweepstakes PO Box 323, c/o 90 Rockwood Pl, Rochester, NY 14610. Limit to one (1) entry per mailing address.
Typed, computer generated, or otherwise mechanically reproduced requests are NOT allowed and will not be accepted. By entering, you acknowledge compliance with, these Official Rules including all eligibility requirements, and the Terms and Conditions of the Sponsor’s Web Site, as applicable. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules or the Web Site’s Terms and Conditions at http://www.journeys.com/privacy.aspx, as applicable, and its decisions in this regard are final. Proof that you entered the Sweepstakes online does not constitute evidence that we actually received it by the appropriate deadline. Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Sweepstakes as a condition to receive any prize for which entrant may be eligible to win. Incomplete entries are void. All entries and information become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The "authorized account" holder is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.
IV. WINNERS DRAWING, NOTIFICATION AND ODDS: One (1) potential Grand Prize Winner and Eight (8) Second Prize Winners (“Winner(s)”) will be chosen by a random drawing on or about May 30, 2013, from all eligible entries received during the Sweepstakes entry period, by an independent Sweepstakes Administrator, whose decisions are final and binding on all matters relating to the drawings. The potential Winners will be notified by phone or e-mail. If a potential winner cannot be contacted, the prize will be forfeited and an alternate winner will be selected. Reasons for any prize forfeited and an alternate winner selected at random from the remaining eligible entries are as follows: (i) if a potential winner cannot be reached within three (3) days from initial notification attempt; (ii) if prize is returned as non-deliverable; (iii) and in the event of non-compliance with any of the requirements of these Official Rules. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period. Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Release in order for the winner to be qualified to receive their prize. Winners may be featured on the Sponsor's Web Site, and Sponsor’s social media pages Facebook.
• One (1) Grand Prize Winner will receive the following seven (7) prizes:
1) 5 Days / 4 Nights at Wequassett Inn, Harwich, MA (http://www.wequassett.com/), for a family of four (4) (two (2) adults and two (2) children under age of twelve (12)); Accommodations: a signature water view room with two queen-size beds; Amenities for a family of four (4) to include: Breakfast every morning of the stay; One (1) family picnic lunch on the “Outer Beach”; One (1) Seal Tour on Pleasant Bay. Approximate Retail Value (“ARV”) of the Wequasssett Inn Prize is $7,600.00 (USD). The Inn package includes resort fees, taxes and gratuities. It does not include alcohol. It is subject to availability and not available during the month of August. The Inn package is not redeemable for cash and package ingredients may not be substituted.
2) 3 Days / 2 Nights at the 5 Star Five Diamond Four Seasons Hotel Boston, Boston MA, will include Executive Garden View Suite accommodations. ARV $2,000.00 (USD) Does not include taxes of $289 or meals.
3) Luxury SUV transportation by Dav El Chauffeured Transportation Network (www.davel.com) for up to 2 adults and 2 children. Transportation provided only from airport to Four Seasons Boston, Four Seasons Boston to Wequassett Inn and Wequassett Inn to airport. ARV of transportation is $1,597.30 (USD). Driver's tip of 20% ($320.00) will be the responsibility of the winner.
4) $1,000 American Express Gift Card provided by SRCG for air travel. Airfare booking and purchase will be the responsibility of the winners. Any costs or fees above and beyond the value of the gift card will be the responsibility of the winners. ARV is $1,000.00 (USD).
5) A 30-minute Family Portrait photo session on the beach at the Wequassett Inn. One (1) image by choice of SRCG will become property of SRCG, which gives SRCG full rights to use in any marketing or advertising materials. Image files are made available for online viewing for both the Grand Prize Winner’s family and Stride Rite 30-days post-shoot. Thirty (30) print quality electronic image files will be delivered to Grand Prize Winner’s family 30-days post-shoot. Thirty (30) 4” x 6” prints will be delivered to Grand Prize Winner, 45-days post-shoot. Photographer will be provided by SRCG. It is required that Sperry Top-Sider Shoes (Refer to (6) below) be worn during the photo session! ARV of Family Portrait Prize is $1,000.00 (USD).
6) Up to four (4) pairs of Sperry Top-Sider Shoes for the family, which must be worn during the photo session. The shoes will be delivered to the Wequassett Inn. ARV: $400.00 (USD).
7) One (1) Sperry Top-Sider 5’10” ACS Hype Board provided by BIC Surf of BIC Sport North America, Inc. ARV, $320.00 (USD).
Total Prize Pool ARV of Grand Prize is $13,517.30 (USD). The vacation package requires to be concluded by May 30, 2014 and is subject to prize suppliers’ availability. The vacation must be taken all in the same week. Cancellations, acts of God are not the responsibility of the sponsor or the prize suppliers. The winner will have to provide their credit card number to officially secure reservations for all prizes required to do so. Any expenses outside of the prizing are the full responsibility of the winner.
• Eight (8) Second Prize Winners will each receive One (1) Sperry Top-Sider Custom 5’10” ACS Hype Board provided by BIC Surf. ARV, $320.00 each. Total of Second Prize ARV is $2,560.00 (USD).
Total Prize Pool ARV is $16,077.30 (USD).
VI. GENERAL PRIZE TERMS AND CONDITIONS: The Grand Prize Winner and Second Prize Winners (“Winner(s)”) are required to comply with any and all applicable federal, state, province and local laws, rules and regulations. The Grand Prize Winner receiving a prize valued over $600.00 will be required to sign the Affidavit of Eligibility and Liability/Publicity (collectively, the “Prize Acceptance Release”), and return it within three (3) days of written notification or the prize may be forfeited and an alternate potential winner selected, time-permitting, where legal. Winner s may also be required to send a copy of their passport, driver’s license or birth certificate as proof of age. The Grand Prize Winner will be required to provide Sponsor with a valid social security number before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize Winner. If any one of the Winners is considered a minor in their state of residence, the parent or legal guardian must sign and return the Prize Acceptance Release and the respective prize will be awarded in the name of his/her parent or legal guardian. If any potential Winner fails or refuses to sign and return such Prize Acceptance Release within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner may be disqualified and an alternate may be selected.
The Sponsor and Released Entities have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for aparticular purpose. Any prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor or Co-Sponsor's sole discretion. Prizes are not transferable or redeemable for cash. There are no substitutions unless specified or approved by the Sponsor or Co-Sponsor. Prize details and availability are subject to change, and in the event that Sponsor or Co-Sponsor is unable to provide a Winner with the prize won, the Sponsor may elect, at the Sponsor or Co-Sponsor’s sole and absolute discretion, to provide the Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated “ARV” of the prizes is based on available information provided to Sponsor and Co-Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded). All prizes claimed in accordance with these Official Rules will be awarded and distributed within eight (8) weeks of a Winner’s verification. The Released Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners. A properly claimed prize will be awarded subject to these Official Rules. The Sponsor, Co-Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
VII. VACATION PRIZE CONDITIONS: While prize suppliers will make every effort to confirm reservations as requested, operational and/or market conditions may prevent them from doing so on the requested dates. Accommodations are subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to change at Sponsor’s or each provider’s sole discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s prize fulfillment agency. Lost, stolen or damaged travel vouchers or certificates will not be replaced or exchanged. The Prize awarded consisting of products/services for a family of four, require that you and your companions redeem the prize together. Travel restrictions, conditions and limitations may apply.
All expenses not specifically mentioned herein, are not included as part of any vacation package, and are solely the Grand Prize Winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation not specified, travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges, site-seeing excursions and any other incidental costs or expenses not identified in these Official Rules. Accommodations are subject to availability, and any changes made will be at the expense of the Winner. It is the sole responsibility of the Winner to satisfy the entry requirements of the United States and any other countries’ requirements as necessary. Grand Prize Winner and companions are also responsible for obtaining airline travel insurance, and all other forms of insurance at the Winner’s option and hereby acknowledge that Sponsor has not and will not obtain or provide any other types of insurance. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the supplier of accommodations, venue operators, transportation companies, prize providers or any other persons providing any prize-related services. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.
Companion of Winner must be at least eighteen (18) years of age as of the date of departure, children travel companions must be at least twelve (12) years of age. Once travel companions are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Travel companions must execute liability/publicity releases prior to issuance of travel documents. If travel companion is a minor, parent or legal guardian must sign and return release and accompany minor on trip. If the Winner becomes disabled or cannot otherwise fully enjoy the Vacation package due to illness, Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the prize award; or (b) at Sponsor's sole and absolute discretion, extending the period during which the prize may be awarded for a period equal to the duration of the prize Winner's disability or illness, in which case certain prize components may not be available. The Winner must prove such disability by a doctor's certificate, which certificate may, at Sponsor’s election, be endorsed by another physician agreeable to Sponsor and Winner at Sponsor's expense.
VIII. LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Entities assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Web Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Entities are not responsible for any problems or technical malfunction of any telephone network or telephone lines, satellite network, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
IX. RELEASES: All Participants, as a condition of participation in these Promotions, agree to indemnify, release and hold harmless Released Entities from and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) participating in any aspect of the Promotions; or (b) the receipt, ownership, possession, use or misuse of any prize awarded. Winner’s compliance with these Official Rules, or Winner’s participation in prize related activities, constitutes Winner’s agreement that the Released Entities may use Winner’s name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
X. GOVERNING LAW/DISPUTE RESOLUTION: Except where prohibited, each Participant agrees that these Promotions shall be governed by and construed in accordance with, the laws of the state of Michigan without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Participants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Promotions shall be resolved, upon the election by either the Participant or Sponsor, by arbitration and conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the Participant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR PARTICIPANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both the Participant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Sponsor and the Participant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the Participant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
XI. WINNERS’ LIST: For the names of the Winners send a self-addressed, stamped legal size envelope after May 30, 2013 and no later than June 27, 2013 to: Compliance/Sperry Escape to the Cape Winners List, 106 Elm St, Stonington, CT 06378. The names of the Winners may also be posted on Sponsor’s social media websites between the above-referenced dates.
XII. SPONSOR: Sperry Top-Sider LLC, 191 Spring Street, Lexington, MA 02420.
XIII. CO-SPONSOR: Journeys Corporation, Genesco Park 1415 Murfreesboro Road, Nashville, TN 37202-0731
XIV. ADMINISTRATOR: Compliance Sweepstakes Services LLC, 106 Elm St., Stonington, CT 06378 (the “Promotions Administrator”)