1. NO PURCHASE NECESSARY TO ENTER OR WIN. Crocs Love/Hate Contest (the "Promotion") begins at 12:00:00 AM MST on Tuesday, July 1, 2008 and ends at 11:59:59 PM MST on Monday, January 12, 2009 (the "Promotion Period").
2. ELIGIBILITY: The Promotion is open only to legal residents of the United States residing in the 50 United States and Canada. (excluding Quebec). Entrants must be 18 years of age or older at the time of Promotion registration. Employees, officers and directors of Crocs, Inc. ("Sponsor") and RealTime Media, Inc. (collectively the "Promotion Entities"), their respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion.
RELEASE: By entering the Promotion, entrants agree to release, discharge and hold harmless Sponsor, Crocs, Inc. and RealTime Media, Inc., their respective parents, affiliates, subsidiaries, retailers, agencies and their respective officers, directors, employees and agents, from any and all liability, claims, losses, injuries, demands, damages, actions, and /or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prize. The Official Rules and the decisions of the independent judges (RealTime Media, Inc.) are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Submitting a video, and winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: No purchase necessary to participate. There is no limit to the number of entries that can be submitted per person. The Promotion consists of two (2) Phases, as outlined below.
1.) Phase 1: Call for Entry: The Promotion Entry Phase begins at 12:00:00 AM MST on Friday, June 20, 2008 and ends at 11:59:59 PM MST on Wednesday, December 31, 2008. ("Promotion Entry Period").
To submit an entry into the Promotion, go to the following Web site address: http://www.crocslovehate.com (the "Promotion Web Site"). Entrants will be asked to complete a registration form and must enter their true and correct information in all required fields. Once all required fields are entered, click the "Continue" button to complete the registration process. Once registered, entrants will have the ability to submit a video file to be entered into the Contest. (See "Entry Details" below).
Entry Details: Once registered, entrants can submit an entry into the Contest by creating and uploading their own video on the video upload page of the http://www.crocs.com/debate site.
VIDEO FORMAT MUST BE IN .MOV, .WMV, .MPG or .MP4 FORMAT. VIDEO MUST NOT EXCEED 30 SECONDS IN LENGTH, THE FILE SIZE MAY BE NO LARGER THAN 5 MEGABYTES IN SIZE.
All Entry Materials must be submitted in English.
Once you submit your entry, you will be officially entered into the Contest.
Promotion entries cannot be revised or altered once submitted. Once submitted, all entries become the sole property of Crocs Inc., and will not be returned. Sponsor reserves the right to reject any entry material and/or disqualify any entrant if Sponsor believes in its sole discretion that the entry material is not in compliance with these Official Rules and/or may infringe upon the rights of any third party. Any such decisions by Sponsor and its promotion entities shall be final and binding. Entrants specifically agree to release, discharge and hold harmless Crocs, Inc., and all other Promotion Entities from and against any claims or liabilities relating thereto.
Grant of Rights:
In consideration of being entered into the Contest, and for other good and valuable consideration the receipt and sufficiency of which Entrant acknowledges, each Entrant agrees to the following grant of rights:Upon submission, all Entry Material becomes the sole property of Promotion Entities and may be used in any manner, in any media now known or hereafter devised, worldwide in perpetuity. By entering the Contest, each Entrant hereby grants to Promotion Entities, and their respective licensees, sublicensees, successors, and assigns (collectively, the "Rights Holders"), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce, distribute, adapt, synchronize and/or otherwise exploit the entry materials and all components thereof in any manner and in any media now known or hereafter devised (the "License"). The rights granted pursuant to the License shall include, without limitation, the exclusive right throughout the universe, in connection with the Contest and otherwise, to: (1) stream the video submission online, (2) make derivative works of the video, and (3) review, judge, critique, distribute and otherwise use and exploit the video, in whole or in part.
Each Entrant waives any so-called "moral rights" in connection with the entry material and shall not have any rights of approval as to any rights exercised by the Rights Holders. Each Entrant agrees that Entrant shall not be entitled to any compensation for any exercise of such rights beyond the consideration explicitly set forth herein. Each Entrant further agrees that Promotion Entities may edit, alter or modify the entry material in any manner and for any reason.
Each Entrant hereby grants Promotion Entities the right to use and to license others the right to use Entrant's name, picture, likeness, voice, performance, trademarks, copyrights and biographical information in connection with the Contest and for programming, advertising and promotional purposes and all other purposes, whether related to the Contest or the Program or otherwise, unless prohibited by law, in perpetuity, in all media and formats, whether now known or later devised, and further agrees, through and until December 31, 2008 not to grant such rights in connection with the advertising or promotion of any product or service competitive to or incompatible with those of Sponsor.
WARRANTY: Entrant represents and warrants that (i) entrant's submission was created by entrant, (ii) the submission is original to entrant and does not infringe upon or otherwise violate any right of any third party. (iii) Entrant has all rights necessary to upload their submission, including all necessary authorizations and permissions from any persons included in the submission, (iv) Submissions will not include unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law; advertising for third party products or services.
All submissions may be posted on the publicly accessible Promotion Web Site during and following the Promotion. The Promotion Entities are not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected entries, all of which are void.
2.) Phase 2: Promotion Judging: The Preliminary Promotion Judging Phase begins on Monday January 5, 2009 at 12:00:00 PM MST and ends on Friday January 9, 2009 at 12:00:00 PM MST.
Entries that meet the eligibility criteria will be judged 75% on Overall Delivery, and 25% on Creativity (the "Judging Criteria").
The judges will select a total of one (1) Grand Prize Winner on Monday, January12, 2009 whose submission has been graded with the highest cumulative score.
4. PROMOTION PRIZE:
The Grand Prize consists of one 2-day, 2-night vacation package for the winner and (1) guests (total: (2) persons) to Denver, Colorado. Trip includes round trip coach class air transportation for two (2) from the major U.S. airport nearest winner's home to Denver, Colorado; one hotel room, a room with an occupancy of two (2) people, for 2-Day/2-Night stay at a hotel to be determined by the Sponsor (room and tax only, based on availability).
The Grand Prize also includes the opportunity for you appear, and/or to have your winning video submission potentially used, as part of a nationally televised television advertisement. Any additional details of the prize as it pertains to the television advertisement will be determined by the Sponsor at a later date.
Approximate Retail Value (ARV) is $2,500 (actual value will depend on dates of travel, winner's point of departure and hotel selection. Any shortfall between the ARV and Actual value of the prize will not be awarded in cash or other items.)
Restrictions: The winner & guest(s) must travel together on the same itinerary for each trip and must travel to and from major airport closest to the winner's residence. Airfares may require connecting flights. If winner of the Grand Prize is a minor, he/she must travel with a parent or legal guardian who will be required to execute all documents on the minor's behalf (as detailed below). For all trips: (a) All air transportation (which will be on Sponsor's choice of airline) must be reserved at least 60 days in advance; (b) Sponsor reserves the right to require the travelers to fly on certain days of the week, and/or at certain times of the day or night; (c) Hotel rooms will be as specified or as selected by Sponsor; (d) Packages may include peak or holiday periods, subject to availability. Trip subject to availability & confirmation of reservations & travel must be completed by December 31, 2006. Certain blackout periods & travel restrictions may apply.
If the Winner's residence is within 150 miles of Denver, CO the prize will not include air transportation. No other substitution or compensation will be provided for the air transportation. Winner must be accompanied by a parent or legal guardian 21 years of age or older, if winner is younger than 21 years of age in order to check-in to the on-site hotel. A minor will not be allowed to participate in any portion of the Grand Prize travel without being accompanied by their parent or legal guardian. Grand Prize Winner and winner's travel companions (or parent/legal guardian if travel companion is a minor) will be required to execute a Release of Liability form prior to departure. Flight details are subject to space availability and airline carrier's regulations and conditions apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Any picture identification requirements associated with air travel are the winner's and travel companion's responsibility. Releasees are not responsible for lost or mutilated travel documents or tickets and none will be replaced. All other expenses not specified herein (including, but not limited to taxes, meals, beverages, transportation to/from winner's residence and airport, excursions and gratuities) are the sole responsibility of the winner. Certain additional restrictions may apply. Grand Prize will be VOID if not pre-scheduled and completed by December 31, 2009. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades.
5. PRIZE AWARDING: The Sponsor will attempt to notify the potential winner within ten (10) days of the end of the Promotion Judging Phase. If the potential winner does not respond within fourteen (14) days after the first attempt to contact him/her, or, if for any reason the potential winner does not qualify, the Sponsor will select an alternate potential winner in his/her place by going to the entry with the next highest rating, based on the Judging Criteria.
Prize will only be awarded upon potential winner's verification and final approval by Sponsor. No prize substitution, cash equivalent of prize, transfer or assignment of prize permitted, except by Sponsor in its sole discretion, due to prize unavailability for any reason, and only then for a prize of equal or greater value. If winner of any prize is a minor, prize will be awarded to the parent or legal guardian. Potential winning entrants will receive prize notification via telephone, electronic mail, United States Postal Mail and/or overnight mail.
6. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, the potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within ten (10) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place. If the potential winner is a minor, his/her parent or guardian must sign the Affidavit/Release on his/her behalf. Sponsor, RealTime Media, Inc., and their affiliates are not responsible for lost or misdirected prize notification to potential winners. Winners grant Sponsor the right to use and publish winner's proper name and State of residence and to use winner's name and likeness solely for advertising and promotional purposes for this Promotion without notice or further compensation, except where prohibited by law. All information collected will be treated in a manner consistent with Sponsor's privacy statement.
7. DISQUALIFICATION: Sponsor, RealTime Media, Inc., and their affiliates are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or incorrect or inaccurate entry information howsoever caused or other error of any kind whether human, mechanical or electronic. Entrants found tampering with or abusing any aspect of this Promotion, as solely determined by the judges, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to terminate entrant's eligibility to participate in the Promotion. In the event this Promotion is compromised by virus, bugs, unauthorized intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt, or impair the administration, security, fairness or proper play of the Promotion, Sponsor reserves the right at its sole discretion to suspend or terminate the Promotion. Sponsor is not responsible for any entry that is generated by computer hardware or software malfunction, error or failure, or is tampered with or subject to any unauthorized intervention.
8. TAX INFORMATION: All federal, state, local, and other taxes on prize, if applicable, are the sole responsibility of the applicable winner.
9. GENERAL INFORMATION: This Promotion is conducted in English, (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in English, in accordance with the laws of the State of Colorado without regard for conflict of laws principles. Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the audio clip, the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Colorado.
10. LIMITATION OF LIABILITY: ENTRANT AGREES THAT SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE VIDEO CLIP, OR ANY OTHER INFORMATION YOU SUBMITTED.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Promotion, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) 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 of the Prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, incidental, consequential, direct, or indirect damages.
12. INDEMNITY: Entrant agrees to indemnify and hold Sponsor and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or entrant's violation of any law or the rights of a third party. Sponsor's failure to act with respect to a breach by entrant or others does not waive its right to act with respect to subsequent or similar breaches.
13. WINNERS LIST/OFFICIAL RULES: To receive a list of winners, send a self-addressed stamped #10 envelope for receipt by February 27, 2009 to: Crocs Love Hate Winners Request, 1060 First Ave, Suite 201, King of Prussia, PA 19406 USA. To obtain Official Rules visit http://www.crocslovehate.com or send S.A.S.E. to: Crocs Love Hate Contest Rules Request, 1060 First Ave, Suite 201, King of Prussia, PA 19406 USA.
Sponsored by:
Crocs, Inc.
6328 Monarch Park Place
Niwot, CO 80503
Produced by:
RealTime Media
1060 First Avenue, Suite 201
King of Prussia, PA 19406
14. PRIVACY: By submitting an entry, Entrant authorizes Sponsor, its affiliates, properties within Sponsor's system and third party service providers to collect, process, use, display, transfer and store, the video, and any other information provided by entrant during the submission process (including any personally identifiable information) for any lawful, business related purpose, in the United States and to transmit it to various locations throughout the world, either directly or through its third party vendors, whether within entrant's country of residence, the United States, or elsewhere; and to contact entrant regarding the video, and other information provided. All information submitted to Sponsor as part of the Promotion will be treated in accordance with Sponsor's privacy statement which is available at: http://www.crocs.com/privacy_policy/