OFFICIAL #STARTWITHSHOES #CONTEST RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE 50 UNITED STATES (THE 50 UNITED STATES INCLUDES THE DISTRICT OF COLUMBIA) AND CANADA (EXCLUDING QUEBEC WHICH IS VOID), OR WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
2. Contest Period/Description: The Contest will begin at 12:00:00 AM Eastern Time (“ET”) on August 26, 2016 and will end at 11:59:59 PM ET on December 31, 2016 (the “Contest Period”). The Contest Period will consist of four (4) individual Entry Periods (the “Entry Period(s)”), as detailed in Section 4 below. One (1) random drawing (the “Random Drawing(s)”) will be held on or about one (1) days after the end of each Entry Period, from among all eligible entries received during the applicable Entry Period, in order to select one (1) potential Entry Period prize winner for each Entry Period.
3. Eligibility: Johnston & Murphy’s #StartWithShoes #Contest (the “Contest”) is open to permanent legal US residents currently residing in one (1) of the fifty (50) United States (the 50 United States includes the District of Columbia) or Canada (excluding Quebec which is void), who are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence, whichever is greater, at the time of their entry. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Genesco, Inc. (“Sponsor”), and their respective affiliated companies, sponsors, subsidiaries, production companies, advertising agencies and third party fulfillment agencies (collectively, with Sponsor, the “Contest Entities”) are not eligible to enter the Contest. By participating in this Contest, entrants agree to: (a) be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Contest; and (b) release and hold harmless each of the Contest Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action. Void where prohibited or otherwise restricted by law. All entries made from outside the areas of eligibility specified above shall not be eligible. The Contest is subject to all federal, state, provincial, municipal and local laws. By entering the Contest, participants agree to abide by and be bound by these Official Rules and the decisions of Sponsors, which are final and binding.
4. How To Enter: There are two (2) possible methods of entry to this Contest, as detailed below. Each entrant's odds of winning is dependent on the number of eligible entries received.
A) Via Instagram: During the Contest Period, upload an original photo, taken by you, to your public user account, featuring Johnston & Murphy shoes, to Instagram (http://instagram.com/) and in the caption field, use the hashtags #startwithshoes #contest (hereinafter an “Entry”) during the Contest Period. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor, through its Administrator, and not to Instagram. To participate in this Contest via this method, each entrant will be subject to the Instagram Terms of Use (https://www.instagram.com/about/legal/terms/) and Privacy Policy (http://instagram.com/about/legal/privacy/). Please read these terms before entering via this method.
B) Via Twitter: During the Contest Period, upload an original photo, taken by you, to your public user account, featuring Johnston & Murphy shoes, to Twitter (http://twitter.com/) and in the caption field, use the hashtags #startwithshoes #contest (hereinafter an “Entry”) during the Contest Period. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Sponsor, through its Administrator, and not to Twitter. To participate in this Contest via this method, each entrant will be subject to the Twitter Rules (http://twitter.com/rules) and Privacy Policy (https://twitter.com/privacy). Please read these terms before entering via this method.
All Entries: There is no limit to the number of entries each person may make to the Contest; however, you are only eligible to win one (1) prize during the entire Contest Period. By participating in the Contest, regardless of method of participation, entrants agree to be bound by Sponsor’s Privacy Policy which can be found at http://www.johnstonmurphy.com/privacy-policy.html, if you do not agree to Sponsor’s Privacy Policy, do not enter the Contest. In the event of a dispute over the identity of an entrant, the Authorized Account Holder of the email address provided upon entry (regardless of method), will be deemed to be the entrant. The “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to show proof of being such an Authorized Account Holder. Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate or suspected of fraud are void. If for any reason an email address is not connected to an entry, the entry will be deemed made by the authorized holder of the listed telephone number. Any incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor's decisions are final on all matters relating to this Contest.
ENTRY PERIOD CHART
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Entry Period # |
Entry Period Dates |
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1 |
August 26, 2016 – September 30, 2016 |
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2 |
October 1, 2016 – October 31, 2016 |
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3 |
November 1, 2016 – November 30, 2016 |
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4 |
December 1, 2016 – December 31, 2016 |
5. Photo Requirements: No entry may (in the opinion of the Sponsor, in its sole discretion): (a) be sexually explicit or suggestive; (b) be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession or age group; be obscene, offensive, profane or pornographic; (c) promote alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing); (d) promote any activities that may be unsafe or dangerous; (e) promote any particular political agenda or message; (f) endorse any form of hate or hate group; (g) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (h) contain trademarks, logos or trade dress owned by anyone other than Sponsor, or advertise or promote any brand or product of any kind, without express, written, prior permission of the trademark or brand owner; (i) contain any personally identifiable information, such as license plate numbers, names, email addresses or street addresses; (j) contain copyrighted materials owned by others without express, written prior permission; (k) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without express, written, prior permission; (l) communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; (m) be in violation of any law; and (n) be otherwise unacceptable to Sponsor, in Sponsor's sole and absolute discretion. The above list is not intended to be exhaustive. If an entry includes any of the prohibited elements listed above, or is deemed by Sponsor, in its sole discretion, to be offensive, obscene or unsuitable for public display for any reason, the entry will be disqualified, along with the entrant who submitted it. IN ANY EVENT, ENTRIES POSTED ON INSTAGRAM ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
6. Random Drawing: On or about two (2) business days after the end of each Entry Period, one (1) Random Drawing will be held, from among all eligible Entries received during the applicable Entry Period, in order to select one (1) potential Entry Period prize winners. A total of four (4) Random Drawings will be held during the Contest Period.
7. Contest Prizes and Approximate Retail Value (“ARV”): The total ARV of the prize available to be awarded in this Contest is two thousand dollars ($2,000): Four (4) Johnston & Murphy Gift Cards with a value of $500 each.
Entry Period #1 Prize: One (1) Johnston & Murphy Gift Card. The ARV of this Entry Period prize is five hundred dollars ($500).
Entry Period #2 Prize: One (1) Johnston & Murphy Gift Card. The ARV of this Entry Period prize is five hundred dollars ($500).
Entry Period #3 Prize: One (1) Johnston & Murphy Gift Card. The ARV of this Entry Period prize is five hundred dollars ($500).
Entry Period #4 Prize: One (1) Johnston & Murphy Gift Card. The ARV of this Entry Period prize is five hundred dollars ($500).
8. General Prize Conditions: Prizes are not transferable or substitutable except by Sponsor with one of equal or greater value. No cash substitution. All standard and stated Gift Card terms and conditions apply.
9. Prize Winner Notification/Verification: On or about one (1) business day after the Random Drawing is performed, Sponsor may make two (2) attempts, over a two (2) business day period, to contact the potential Contest prize winner. Winner will be notified by private message through their method of Entry (Instagram or Twitter). Winner selection will be based on Sponsor's subjective evaluation of the eligible Entry in order to confirm any information necessary to declare such potential Contest prize winner as an official Contest prize winner. If a potential Contest prize winner cannot be reached during the above referenced period in which he/she is attempted to be contacted, such potential prize winner will be disqualified and an alternate potential winner will be selected from among the remaining eligible Entries for that applicable drawing. Further, if a potential winner is a Canadian resident, he/she must correctly answer, unaided, a time-limited arithmetic skill testing question as a condition to being named an official winner. By accepting a prize herein, prize winners hereby consent to the use by the Contest Entities of their Entry and all information contained therein and relating to the Contest, including but not limited to, name, likeness, opinions, images, statements and/or other indicia of persona, and personally identifiable information (collectively “Likeness”), as well as any pictures of the winners enjoying the prize(s), for any and all uses and purposes in any media now known or hereinafter developed throughout the world without additional consideration, consent or prior review, and upon request will provide written consent to such use. Noncompliance, failure to return any documents within the time specified, failure to respond to notification attempt(s) or return of any prize notification as undeliverable will result in disqualification and an alternate potential winner will be selected (as applicable). All decisions of Sponsor relating to the Contest are final. Johnston & Murphy stands by its commitments of confidentiality related to the winner’s identity and will request written permission from each winner prior to publicizing any Names or comments on the website or related media.
10. General Terms: Any violation or noncompliance with these Official Rules may result in disqualification. Sponsor assumes no responsibility for lost, illegible, incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error, which may occur in the processing of the Entries in this Contest. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, mail, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, including www.johnstonmurphy.com or the Promotion Application, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation in this Contest. Sponsor is not responsible for any typographical or other error in administration of the Contest, or in the announcement of the prize winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by 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 Contest, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be modified, suspended and/or terminated prior to the stated expiration date, notice will be posted where Sponsor sees fit and the prizes will be awarded via random drawing from among all eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
11. Limitation of Liability: We assume no liability for lost or misdirected entries, whether due to technical or computer malfunctions or otherwise. Entrants agree that the Contest Entities, Instagram, and Twitter, (a) shall not be responsible or liable for, and hereby release the Contest Entities, Instagram and Twitter, from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize; and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Contest Entities, Instagram, and Twitter, shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Contest Entities or by any other cause, condition or event whatsoever beyond the control of the Contest Entities. Entrants further agree that if they are selected as a potential winner, such potential winner agrees, from that point forward, to take no action which is intended, or would reasonably be expected, to harm the Contest Entities, or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Contest Entities (“Disparaging Remarks”). For the purposes of this Contest, Disparaging Remarks, comments, or statements are those that impugn the character, honesty, integrity, morality or business acumen or abilities of the Contest Entities in connection with any aspect of this Contest. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right to modify these rules for clarification or administration purposes without materially affecting the terms and conditions of the Contest. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS CONTEST.
12. Change to Rules: These Official Contest Rules are subject to change.
13. Request for the Name of Winners and/or Official Rules: For information on the prize winners, available after the Contest Period has ended, and/or Official Rules, send a self-addressed stamped envelope to: Genesco, Inc. d/b/a Johnston & Murphy #StartWithShoes #Contest 1415 Murfreesboro Road, Suite 462 Nashville, TN 37217. Requests must be received no later than eighteen (18) months after the end of the Contest Period.
14. Sponsor: This Contest is sponsored by Genesco, Inc., 1415 Murfreesboro Road, Nashville, TN, 37217.