K-Swiss BigShot™ 2 Sweepstakes
Official Rules
February 11, 2013 – March 31, 2013
By participating in the Sweepstakes, you acknowledge you have read these Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. PURCHASE DOES NOT ENHANCE YOUR CHANCE OF WINNING.
The BigShot™ 2 Sweepstakes (“Sweepstakes”) begins on February 11, 2013 at 12:00:01 A.M. PT and ends on March 31, 2013, at 11:59:59 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
SPONSOR: K-Swiss Inc., 31248 Oak Crest Drive, Westlake Village, CA 91361 (“Sponsor”).
ELIGIBILITY: Open only to persons who are 18 years of age or older as of February 11, 2013 and who are permanent, legal United States (“U.S.”) residents, who are physically located and residing in one of the 48 contiguous states of the United States or the District of Columbia. Residents of Alaska, Hawaii, Guam, Puerto Rico, the U.S. Virgin Islands and all other U.S. territories and possessions are not eligible to enter or win this Sweepstakes. Entrants must have a valid Social Security Number or a valid U.S. personal tax identification number. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain consent from his/her parent or legal guardian before entering the Sweepstakes and submitting any personally identifiable information to Sponsor. Officers, directors, and employees of Sponsor and Sponsor’s subsidiary and affiliated companies (“Sponsor Affiliates”), Sponsor’s and Sponsor Affiliates’ administrative, advertising, and promotion agencies, and of any other entity involved in the development, administration, promotion or implementation of the Sweepstakes, and members of those persons’ immediate families (spouses, parents, children, and siblings, and their spouses, regardless of where they reside), and persons living in the same households as those persons (whether or not related to them) are ineligible to enter or win the Sweepstakes.
TO ENTER: During the Sweepstakes Period, an entrant must: (a) try on a pair of BigShot™ 2 tennis shoes at a participating retailer, and (b) submit an original photo of the entrant trying on the BigShot™ 2 tennis shoes, with the “Entry Information”, consisting of: (x) the applicant’s name, address, and phone number; and (y) the name of the store where the entrant tried on the BigShot™ 2 tennis shoes—the photo and the Entry Information together forming an “Entry”.
Entries may be submitted either by email to promotions@kswiss.com or by postal mail to K-Swiss Inc., Attn: Promotions, 31248 Oak Crest Drive, Westlake Village, CA 91361. By submitting a photo with the Entry Information, entrant is automatically entered into the contest. Entries must be received by 11:59:59 P.M. PT on March 31, 2013, or postmarked by March 31, 2013 to be eligible for the Sweepstakes. Limit one Entry per person. No photo is allowed that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, nude, lewd, obscene, profane, vulgar or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate. Sponsor will be the sole judge of whether photos violate these rules. Entrant’s photo must not violate the copyright rights or other intellectual property rights or publicity rights of any person and must be an original photo rather than a copy of a pre-existing photo. Entrant is responsible for obtaining, prior to submission of the photo, any releases and consents necessary to permit use of the photo.
Multiple Entries received from any person or unique email address beyond the above stated limits will void all of those additional Entries. No mechanically, robotic, or other similarly automated entries allowed. All such entries are void. Only one entry per natural person allowed. All required Entry Information must be provided in full. Any attempted form of Entry other than as described in these Official Rules is void. Entries generated by a script, macro, or other automated means will be disqualified. All Entries become the property of Sponsor and will not be acknowledged or returned. Proof of submission does not constitute proof of receipt. Entries that are incomplete, garbled, corrupted, or unintelligible or unviewable for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Sponsor is not responsible for late, incomplete, or inaccurate entries. If there is a dispute as to the identity of an entrant who made a potentially winning Entry, Sponsor will deem that the authorized account holder of the email address indicated in such Entry made the Entry. Except where prohibited by law or Sponsor’ Privacy Policies, Entry constitutes permission to use entrant’s name, city, state, likeness, image, and voice for purposes of advertising, promotion, and publicity in any media known now or in the future, throughout the world, and in perpetuity, without additional compensation, notification, permission, or approval. By submitting an entry photo, entrant agrees to be bound by these Official Rules.
WINNER SELECTION AND NOTIFICATION: In a random drawing on approximately April 12, 2013, Sponsor or its representatives of will select ten prize winners from each of four separate pools of entrants grouped by the time zone (Eastern, Central, Mountain, or Pacific) in which the entrants reside. Each pool from which Winners will be randomly drawn will consist of all eligible Entries for the corresponding time zone received during the Sweepstakes Period.
Winners will be notified via phone, e-mail or postal mail at Sponsor’s discretion, on approximately April 15, 2013. Sponsor will make one attempt within a 24 hour period to notify each potential Winner via his/her email account using email account and handle details submitted at the time of entry or by posting on Sponsor’s photo page. Each potential Winner will be required to execute and return (via shipping service pre-paid by Sponsor) an Affidavit of Eligibility, Liability Release, Publicity Release (where lawful) and any other documentation that Sponsor may require (collectively, “Sweepstakes Documents”) within six calendar days after receipt of those documents by that potential Winner; otherwise, at Sponsor’s sole discretion, that potential Winner may be disqualified and an alternate potential Winner may be selected in a random drawing from among the remaining eligible Entries. By returning the completed Sweepstakes Documents, Winner attests to the authenticity of his/her Entry. If potential Winner cannot be reached, is determined to be ineligible, cannot or does not comply with these Official Rules, or if his/her prize notification is returned as undeliverable, potential Winner will be disqualified and, time permitting, an alternate potential Winner may be selected in a random drawing from among the remaining eligible Entries at Sponsor’s sole discretion. Sweepstakes Documents will be sent only to an address in the District of Columbia and the 48 contiguous states of the United States.
PRIZE: Forty prizes total will be awarded—ten in each time zone within the contiguous U.S. Each prize consists of a framed photograph of the Bryan Brothers bearing the autographs of Bob and Mike Bryan. The estimated retail value of each prize is $200.00; with the total estimated retail value of all prizes that could be awarded in any one state or the District of Columbia is $2,000. The total estimated retail value of all Prizes combined is $8,000.00. All Prize details are at Sponsor’s sole discretion. Sponsor or its representative will provide Winner with an IRS Form 1099 showing the actual retail value of the prize for the calendar year in which prize was awarded. At its sole discretion, Sponsor has the right to substitute a similar prize of comparable or greater value due to prize unavailability for any reason. The Winner will be solely responsible for all federal, state and local taxes and other expenses, costs, insurance or fees associated with the acceptance or use of a prize. Winner cannot transfer the prize or redeem it or any part of it for cash. Sponsor is not responsible for damage to the prize in transit. The prize is valid only for the items detailed above, with no substitution of prize by Winner. No substitution, transfer, or cash equivalent for prize, is permitted, except that Sponsor shall have the right to award a substitute prize of comparable or greater value. Any depictions of Prize are for illustrative purposes only. Submission of entry is entrant’s consent to use of his/her name, photo, and likeness for promotional purposes by Sponsor throughout the world and without limitation of time and without any additional consideration to entrant. Submitted materials become the sole property of Sponsor and will not be returned.
PRIVACY: Any personal information supplied by entrants to Sponsor will be subject to Sponsor’s Privacy Policies posted at https://www.kswiss.com/customerservice/privacy-policy. Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate box(es). If, at any time, an entrant no longer wishes to receive materials from Sponsor or Sponsor’s selected partners, the entrant may go to Sponsor’s Privacy Policies or the privacy policy of the applicable partner and follow the procedures indicated.
CONDITIONS: By entering the Sweepstakes and, except where prohibited, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sponsor, and their respective officers, affiliates, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from that entrant’s participation in the Sweepstakes and his/her acceptance, possession, use, or misuse of Prizes or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prizes, including express warranties provided exclusively by prize supplier that are sent along with Prizes; (c) not to bring, or directly or indirectly assist others in bringing any claim against any Released Party for infringement of any intellectual property or publicity rights or moral rights based on any Released Party’s use, reproduction, or modification of entrant’s photo or the content of the photo, or use of the photo, image or likeness of any person shown in the photo; (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final.Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to modify or terminate the Sweepstakes in case of fraud or technical or other difficulties, whether or not anticipated by these Official Rules. Sponsor may also permanently disqualify from any promotion any person it believes has violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or its operation is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. Sponsor reserve the right to cancel, suspend, or modify the Sweepstakes should any computer virus, malfunction, or other cause beyond Sponsor’s control corrupt the administration, security, or proper operation of the Sweepstakes. In the event of any cancellation, suspension, or modification, Prizes may be awarded in a random drawing from among all eligible, non-suspect Entries received prior to the event requiring cancellation, suspension, or modification. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer or device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, mobile telephone service, or computer failures of any kind; for inaccurate transcription of Entry Information; for errors in any promotional, marketing, or prize notification or fulfillment materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of CALIFORNIA, and the forum and venue for any dispute shall be in LOS ANGELES, CALIFORNIA. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in CALIFORNIA. All proceedings brought pursuant to this paragraph BY A RESIDENT OF THE u.s.a. will be conducted in the County of LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
RULES/WINNER’S NAME: For the name of the Winner, available after August 31, 2013, or for an additional copy of these Official Rules, send a self-addressed, stamped envelope (VT residents may omit return postage for Official Rules requests) to be received by April 30, 2013, to BigShot™ 2 Sweepstakes “BIGSHOT 2 RULES” or “BIGSHOT 2 WINNER’S NAME” (specify which), 31248 Oak Crest Drive, Westlake Village, CA 91361.