DR. MARTENS ULTIMATE PRIZE PACK SWEEPSTAKES
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
2. THE DR. MARTENS ULTIMATE PRIZE PACK SWEEPSTAKES (THE “SWEEPSTAKES”) IS VOID OUTSIDE OF THE FIFTY STATES OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (TOGETHER, THE “SWEEPSTAKES TERRITORY”) AND WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
THESE OFFICIAL RULES (“RULES”), WHICH EXPRESSLY INCORPORATE THE PRIVACY POLICY AT WWW.DRMARTENS.COM (THE “PRIVACY POLICY”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR PARTICIPATION IN THE SWEEPSTAKES. AS SET OUT IN THE PRIVACY POLICY, YOU UNDERSTAND AND AGREE BY PROCEEDING TO ENTER THIS SWEEPSTAKES THAT YOUR PERSONAL INFORMATION WILL BE TRANSFERRED AND MADE USE OF IN THE UNITED STATES FOR THE PURPOSES OF FACILITATING ALL SWEEPSTAKES RELATED ACTIVITIES REFERRED TO IN THESE RULES AND COMPLYING WITH THE APPLICABLE FOREIGN AND DOMESTIC LAWS. ONLY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW MAY ENTER THIS SWEEPSTAKES. YOUR ENTRY INTO THE SWEEPSTAKES WILL BE DEEMED A REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER OR BETWEEN THE AGES OF 13 AND 18 AND ENTERING THE SWEEPSTAKES WITH THE PERMISSION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE RULES. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE RULES FOR THE BENEFIT OF A CHILD BETWEEN THE AGES OF 13 AND 18, YOU ARE FULLY RESPONSIBLE FOR HIS OR HER ENTRY IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
3. SWEEPSTAKES SPONSOR: Dr. Martens AirWair USA LLC, 10 NW 10th Ave. Portland, OR 97086 (“Sponsor”).
4. SWEEPSTAKES ENTRY PERIOD: This Sweepstakes begins at 12:00 AM Eastern Standard Time ("EST") on November 2, 2009, and ends at 12:00 PM EST on November 30, 2009 (the “Sweepstakes Period”). All entries must be receive by 12:00 PM EST on November 30, 2009. The Sponsor’s computer is the official time keeping device for Online Entry (as defined below) into the Sweepstakes. Mail-In Entries (as defined below) must be received by 12:00 PM EST on November 30, 2009. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period.
5. ELIGIBILITY: This Sweepstakes is open to legal residents of the Sweepstakes Territory. You must be at least 13 years of age or older as of 12:00 PM EST on November 30, 2009. If you are between the ages of 13 and 18, you must have the permission of your parent or legal guardian to enter the Sweepstakes. Employees (and their immediate families, i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings regardless of where they reside and those living in the same household of such employees, whether or not related) of the Sponsor or Activision Publishing, Inc. or their respective affiliated companies, management companies, subsidiaries, advertising agencies and marketing companies and any company in which they own a controlling share (collectively, “Sponsor Entities”) are not eligible to enter the Sweepstakes. Interpretations of these Rules by Sponsor are final in all matters relating to the Sweepstakes.
6. HOW TO ENTER: To enter, go to www.drmartens.com during the Sweepstakes Period, fill in the required information on the Official Entry Form and submit form as directed (“Online Entry”). You will be required to provide complete name, home address, telephone number, age, gender, e-mail address and the type of game system that you use. Alternatively, you may also enter the Sweepstakes by printing in capital letters your complete name, home address, telephone number, age, gender, email address, the type of game system that you use and an acknowledgment that you have read and agree to comply with the Rules on a 3” x 5” postcard and mailing it with sufficient postage to: Dr Martens Ultimate Prize Pack Sweepstakes, Dr. Martens Marketing Department, 10 NW 10th Avenue, Portland, OR 97209 (“Mail-In Entry”). Mail-In Entries must be received by Sponsor at the address listed above by 12:00 PM EST on November 30, 2009. Online Entries and Mail-In Entries are herein collectively referred to as “Entries” or individually referred to as an “Entry.” A maximum of one Entry per entrant will be accepted whether submitted online or via mail. Sponsor is not responsible for lost, late, illegible, incomplete, misaddressed, damaged, postage due, mutilated or misdirected Entries. No mechanically reproduced, altered, forged or facsimile entries will be accepted. Entries that are garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible.
Sponsor will rely on information from the service provider as to the name on the account of the email account used to submit the Entry in case of ambiguity. Only fully completed Entries are eligible. All Entries (subject to your rights in your name, address, city, state, country, postal/zip code and phone number (“Personal Data”) specified on the Official Entry Form) become the sole and exclusive property of Sponsor and will not be acknowledged or returned. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Entries. A Mail-In Entry will be treated in the same manner as an Online Entry.
7. PERSONAL DATA: You are required to submit Personal Data on the Entry. All Personal Data will be held, used and processed by the Sponsor in accordance with the Privacy Policy. The Sponsor acknowledges that your Personal Data will be used only in connection with the Sweepstakes in accordance with the Privacy Policy unless you authorize Sponsor to send marketing or promotional materials to you. The Sponsor will not obtain any rights in such Personal Data.
8. ODDS: The odds of winning depend on the number of valid Entries received by Sponsor.
9. WINNER SELECTION/RANDOM DRAWING: Winners will be selected in a random drawing on or about November 4, 2009 from among the valid entries received by Sponsor during the Sweepstakes Period. Potential winners will be notified by email, mail and/or phone at Sponsor’s discretion. Each such person is subject to verification and will be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release of Sponsor and its respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes directly or indirectly from acceptance, possession, or misuse of any prize or participation in this Sweepstakes to be eligible for the prize to be received by Sponsor within 14 days of the date of notification before such person is officially declared a winner. If not, an alternate winner will be randomly selected. Entry into this Sweepstakes constitutes agreement to sign such affidavit. The winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the prize and that the winner will be responsible for obtaining and paying for any form of insurance relating to the prize. The winner must also complete any additional legal documents provided by Sponsor with respect to the prize and return them as instructed within the time frame specified by Sponsor or the winner may forfeit the prize at Sponsor’s sole discretion. In the event the winner has not reached the age of majority in his or her country of residence, the Sponsor may require the winner’s parent or legal guardian to execute such documents on behalf of the winner.
10. PRIZES: One (1) Grand Prize Winner will receive a Band Hero Band Kit (includes the Band Hero Band Kit game, Band Hero Software, Standard USB microphone with 15 ft cord, Band Hero Wireless Drum Kit with 5 Pressure Sensitive Drum Pads, Band Hero Wireless Guitar Controller, Kick Pedal for Band Hero Wireless Drum Kit, Standard Wood Drumsticks, Guitar Faceplate, and Standard 1” Wide Guitar Strap). Approximate retail value of the Band Hero Band Kit is $650 USD. Twenty (20) First Prize Winners will win a Band Hero Game. Approximate retail value of each Band Hero Game is $60 USD. Prizes consist of only the item specifically listed as the prize. Sponsor may substitute prizes at Sponsor's sole discretion. Limit one prize per person, per household.
11. CLAIMING A PRIZE: Winners will be notified upon winning and their prizes will be mailed to the address listed on their Entry. Except to the extent prohibited by applicable law, each winner consents to Sponsor’s use of his/her name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without additional compensation. Upon delivery to the winner's address, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize.
All costs and expenses not specifically listed above, including, without limitation, sales or use tax, shipping and handling charges to be incurred in connection with redemption of the prize are solely the winner’s responsibility. In some parts of the Sweepstakes Territory, the value of the prizes may be taxable to the winner as income; the winner will supply Sponsor with his or her social security number or other information as reasonably required by the Sponsor for any such tax purposes. Upon entry into the Sweepstakes, the winner (as well as all other entrants) is required to comply with any and all applicable federal, state, provincial and local laws, rules and regulations in the United States of America and in such part of the Sweepstakes Territory as may be applicable to the entrant. All federal, state, provincial and local taxes, and any other costs not specifically provided for in these Rules in any part of the Sweepstakes Territory applicable to the winner are solely the winner’s responsibility. The Sponsor shall have no responsibility or obligation to the winner or potential winner who is unable to accept or utilize the prize as described herein.
12. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, 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 the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. The Sponsor assumes 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 Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be declared made by the "Authorized Account Holder" of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
13. DISQUALIFICATION: If you fail to comply with any of these Rules, the Sponsor may, in its sole discretion, disqualify you and your Entry. Only one (1) Entry per person is allowed. Any additional Entries will be disqualified. At Sponsor’s discretion, should you repeatedly and/or egregiously ignore the one Entry rule, you may be entirely disqualified from the Sweepstakes and all Entries from you may be ruled ineligible and disqualified. If after submitting the entry form you require the deletion or return of all or part of your Personal Data under any applicable law or otherwise, you will be disqualified on the basis of an incomplete Entry. Your failure to complete and execute any documentation referenced in these Rules will result in your disqualification. Sponsor reserves the right in its sole discretion to disqualify you if it suspects or finds you: (i) to have used a software–generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the entry process or the operation of this Sweepstakes; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes.
Sponsor’s inability to contact a potential winner within a reasonable time period or the return of any notification as undeliverable may result in disqualification. In the event of any disqualification, the Sponsor, may at its sole discretion, select another winner. Failure to sign an affidavit of eligibility could result in your disqualification. ANY VIOLATION OF THESE RULES BY A POTENTIAL WINNER OR ANY BEHAVIOR BY A POTENTIAL WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH POTENTIAL WINNER’S DISQUALIFICATION AS A POTENTIAL WINNER AND ALL RIGHTS AS A POTENTIAL WINNER WILL BE IMMEDIATELY TERMINATED.
14. PUBLICITY; PRESS RELEASES: You may not issue press releases or other publicity in connection with your participation in the Sweepstakes.
15. INDEMNIFICATION: By entering, you agree to defend (at Sponsor’s option), hold harmless and indemnify Sponsor and Sponsor Entities their respective officers, directors, partners, members, shareholders, employees, agents, executors, family members, heirs and assigns, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Sweepstakes; and/or (ii) the receipt, redemption or use of the prizes awarded in the Sweepstakes. You agree to release all rights to bring any claim, action or proceeding against Sponsor and Sponsor Entities, further covenant not to sue Sponsor or Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes.
16. DISCLAIMER OF WARRANTIES: SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
17. EXCLUSION OF DAMAGES: SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
18. LIMITATION OF LIABILITY: IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
19. LEGAL RIGHTS: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
20. WINNERS LIST: To obtain a winner’s list and/or a copy of these Rules, send a self-addressed, stamped #10 envelope to: Dr. Martens Marketing Department, 10 NW 10th Ave. Portland, Oregon 97209. Vermont residents may omit postage.
21. WAIVER: No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
22. SEVERABILITY: Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
23. ACTIVISION: Activision Publishing, Inc. is not a sponsor of this Sweepstakes. Activision's name and logo, and/or the "Band Hero" name, logo, and/or materials are used for purposes of promotion and/or prize description only and such use is not intended to suggest or imply Activision's participation, sponsorship, endorsement, or approval of this Sweepstakes.
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