MERRELL NATIONAL WALKING DAY GIVEAWAY RULES
No purchase necessary to win. Submiting videos or photos and tagging #merrellwalks on instagram or facebook may increase your chances or winning.
Merrell National Walking Day Giveaway Rules ("Sweepstakes") is open to persons who are legal residents of, and physically located within, the 50 United States or D.C., age 18 or older and have reached the age of majority in their state or territory of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi) ("Entrant"). Employees of peltzshoes.com ("Sponsor") and its respective parents, subsidiaries, affiliates, agents, advertising and promotion agencies, fulfillment companies and members of their immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
Peltzshoes.com, whose decisions are final and binding as to all aspects of this Sweepstakes.
AGREEMENT TO OFFICIAL RULES
By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER
The Sweepstakes begins on March 19, 2021 at 12:00 a.m. Eastern Standard Time ("EST"), and ends on April 1, 2021 at 8:00 a.m. EST (the"Sweepstakes Period"). Sponsor’s computer is the official time-keeping device for the Sweepstakes. During the Sweepstakes Period, Single entries only.
Sponsor is not responsible for late, incomplete, misdirected, or delayed entries; incomplete information may result in the disqualification of an entry. Entries using macro, robotic, script or other forms of automatic entry are not eligible and will be disqualified. Entries will not be acknowledged or returned. No mechanically reproduced entries are permitted. Neither Sponsor nor its agents or representatives is responsible for (a) lost, late, illegible, incorrect, incomplete, misdirected, misaddressed, garbled or otherwise mutilated, stolen or delayed entries; (b) errors, omissions, interruptions, deletions, defects, destruction, theft or unauthorized access to, or alteration of entries or other problems (whether due to technical problems, human error or any combination thereof); (c) telephonic, mechanical, electronic, hardware or software program, network, Internet or computer malfunctions, communications line or other failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; or (d) any delay experienced by Entrants due to (i) variations in the speed with which different Internet servers or connections receive, send and otherwise process digital information or (ii) any other technical reason, whether due to the nature of digital systems and the Internet or otherwise. If there is a dispute as to the identity of an Entrant, the Entrant will be deemed to be the authorized account holder of the e-mail address listed on the entry. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be required to provide Sponsor with proof that he/she is the “authorized account holder” of the account associated with his/her entry. Any attempt by an Entrant to obtain more than the stated number of entries is prohibited and will result in disqualification of all such entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
DRAWING AND NOTIFICATION
The drawing will be conducted on April 30. Odds of winning will depend on the total number of eligible entries received. Entrants will be contacted via the email address provided in the Entry form and have five (5) business days from the date of such contact to claim their Prize, as described below. Entrants need not be present to win. Sponsor will email the Entrant whose Nominee was chosen as a Prize Winner to notify them and provide contact instructions. Entrant must then contact Sponsor using the provided contact instructions before the end of the Promotion Period to facilitate Prize (as defined below) fulfillment with the Prize Winner. If any Entrant does not respond to the email within five (5) business days after notification, or if the email notification is returned as undeliverable, such Entrant may be disqualified and an alternate Prize Winner selected from all remaining eligible entries received.
Five (5) Prize Winners will not receive any difference between actual and approximate retail value. Payment and reporting of income and other taxes (if any) as well as costs not expressly stated but which may be incurred in connection with the acceptance and use of a prize are the sole responsibility of the Prize Winner. Sponsor is not responsible for any costs other than those expressly set out herein. Any prize details not specified herein will be determined by Sponsor in its sole discretion and Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the designated prize becomes unavailable for any reason. No other substitutions or sale or other transfer of prizes allowed unless specifically authorized by Sponsor. RELEASE By accepting any prize, and without limiting anything set out in these Official Rules, the Prize Winner agrees to release and hold harmless Sponsor and its respective parents, subsidiaries, affiliates, advertising and promotion agencies, fulfillment companies, and its and their officers, directors, employees and agents (collectively, the"Released Parties") from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by or related to the Sweepstakes or from acceptance, possession, or use/misuse of any prize. The Prize Winner may also be required to sign and return an Affidavit of Eligibility, Release and Indemnification, a Publicity Release (where allowed by law) and a W 9 taxpayer request for identification ("Prize Documents"). If the Prize Winner declines the prize for any reason prior to award or fails to sign and return Prize Documents within five (5) days following the date of transmission of such Prize Documents (or such Prize Documents are returned as undeliverable), s/he may be disqualified and an additional Prize Winner shall be selected randomly from the remaining eligible entries. The Prize Winners 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 any prizes.
If for any reason the operation or administration of the Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus or bugs; (b) tampering or unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion and without notice, to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part and not award the prizes or take such other steps that are fair and equitable and best conforms to the spirit of these Official Rules. No more than the stated number of prizes will be awarded and, in the event that production, technical, programming or other reasons cause more than the stated number of prizes to be made available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, eligible prize claims. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant deemed to be (i) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes, including tampering with Sponsor’s website(s); or (ii) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor may, in such case and at its sole discretion, proceed with the Sweepstakes using all non-suspect eligible entries. CAUTION: ANY ATTEMPT TO DELIBERATELY 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, 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. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official Rules shall prevail, govern and control.
LIMITATIONS OF LIABILITY
By participating in the Sweepstakes, Entrants shall and hereby do irrevocably release and hold harmless the Released Parties from and against any claim or cause of action, and any and all liability for: (a) any injuries, death, or losses or damages to persons or property arising out of participation in the Sweepstakes: (b) any technical errors that may prevent an Entrant from submitting an entry, including, without limitation, interruptions or disconnects in phone lines or network hardware or software; (c) unauthorized human intervention in the Sweepstakes; (d) errors in the administration of the Sweepstakes; (e) any changes in third-party terms or conditions; or (f) violation of intellectual property or publicity rights, and/or invasion of privacy that may arise from participating in the Sweepstakes or its related activities. Without limiting the foregoing, the Released Parties 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, or any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error, or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in the Sweepstakes or downloading any materials connected to the Sweepstakes. Each Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost (if any) of entering and participating in the Sweepstakes. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES) ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, AND ENTRANT WAIVES THE RIGHT TO SEEK SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO A PARTICULAR ENTRANT(S). PUBLICITY By accepting a prize, the Prize Winner grants to Sponsor and its agents (which grant will be confirmed in writing promptly upon Sponsor’s request), where permitted by law, the right to print, publish, broadcast, display, or otherwise use worldwide in all media, whether now known or hereafter devised, without limitation and at any time, such Prize Winner’s full name, image, voice, likeness, nomination, and/or biographical information for advertising, trade, and promotional purposes, without payment or additional consideration, and without such Prize Winner's review, approval, or notification.
By entering the Sweepstakes, Entrant may receive marketing news and special offers by email from peltzshoes.com
GOVERNING LAW AND DISPUTES
The rights and obligations of Entrants and Sponsor in connection with the Sweepstakes and these Official Rules, including all issues and questions concerning the construction, validity, interpretation, and enforceability thereof, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules of any jurisdiction which would cause the application of the laws of any jurisdiction other than the State of Massachusetts. Except where prohibited, (1) any dispute, claim, or cause of action of any kind arising out of, relating to, or connected with the Sweepstakes, any prize awarded, the rights and obligations of Entrants or Sponsor in connection with the Sweepstakes, or these Official Rules, including all issues and questions concerning the construction, validity, interpretation, and enforceability thereof (a"Dispute"), shall be resolved exclusively by the state and federal courts located in Suffolk County, Massachusetts, and Entrants hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts for any Dispute; and (2) any lawsuit or other proceeding with respect to any Dispute in any court or forum must be brought on an individual basis. This means neither any Entrant nor Sponsor can litigate any claims as a representative or member of a class or in a private attorney general capacity.