CROCS, INC.
"Volleyball in Vegas Sweepstakes"
Official Rules
NEITHER PURCHASE NOR PAYMENT OF ANY KIND, NOR OPTING IN TO RECEIVE INFORMATION IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT OR OPTING IN TO RECEIVE INFORMATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
- GENERAL. The Crocs, Inc. "Volleyball in Vegas Sweepstakes" (the "Sweepstakes") is a sweepstakes where one (1) eligible entrant will win a trip for four (4) to an AVP Crocs™ Tour event, as described in more detail below. The foregoing is a general description only of the Sweepstakes and is qualified in its entirety by these Official Rules.
- ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date are permanent legal residents of the United States or the District of Columbia (excluding any territories or possessions of the United States), and are at least twenty-one years of age. The Sweepstakes is void outside the fifty (50) eligible United States and the District of Columbia; and where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
- TIMING. The Sweepstakes entry period begins on or about March 12, 2009 and ends on August 10, 2009 (the "Entry Period").
- HOW TO ENTER. During the Entry Period, enter at http://www.crocs.com/volleyball and follow the instructions to link to the official on-line entry form. Complete the information requested in the information fields: first name, last name, zip code, e-mail address, phone number, birth date. When your information is complete, click on the area marked "Submit." Entries become the property of Sponsor and will not be returned. Once submitted, entry cannot be modified, deleted or cancelled. All entries must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Entrants may not enter with multiple e-mail addresses, nor may entrants use any other device or artifice to enter multiple times. Use of any automated system to submit entries is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access 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. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, unintelligible, illegible, damaged, mutilated, altered or misdirected entries, which will be disqualified. Nor is Sponsor responsible for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net accessibility or availability, traffic congestion, or unauthorized human intervention or any technical error, human error, or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information. No facsimiles, photocopied or mechanically reproduced entries allowed. Proof of submission will not be deemed to be proof of receipt by Sponsor. LIMIT: One (1) on-line entry per person in this Sweepstakes. Any attempt by any entrant to obtain more than the stated number of entries will void all of that entrant’s entries and that participant will be disqualified. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
- DRAWING; ODDS; NOTIFICATION. On or about August 11, 2009, Sponsor or its designee will randomly select one (1) potential prize winner from among all eligible entries received by Sponsor in the Sweepstakes during the Entry Period. Odds of winning the prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone and/or e-mail. A potential winner will be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release and (except where prohibited by law) a Publicity Release (an "Affidavit/Release") in the form(s) provided by Sponsor or its designee in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within such documents. If the potential winner cannot be contacted within three (3) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor or its designee as described above, however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s sweepstakes schedule, and due to such schedule and timing, Sponsor may be unable to award the prize.
- PRIZES.
- Subject to the terms and conditions of these Official Rules, one (1) prize will be awarded in this Sweepstakes. The approximate retail value ("ARV") of the prize is four thousand six hundred dollars ($4600.00). The actual value of a prize depends on a prize winner’s point of origination for the prize winner’s and his/her companion’s flights as described below, and fares at the time of booking; if the actual value is less than the stated ARV, the difference will not be awarded in cash.
- A "prize" consists of and is limited only to the following: a trip for four (4) to Las Vegas, NV, which consists of and is limited to the following: (i) round-trip coach airfare for four (4) people between the United States major metropolitan airport closest to prize winner’s primary residence and the Las Vegas, NV area (airports, carriers, seating, and travel dates and times as determined by Sponsor or its designee); (ii) two (2) night stay at a hotel in the Las Vegas, NV area (two (2) standard rooms with double occupancy; dates, hotel and room as determined by Sponsor or its designee), (iii) VIP passes for four (4) people to the AVP Crocs™ Tour event being held September 17-19, 2009 in Las Vegas, NV. Winner and companions must have matching itineraries, travel on the same itinerary, and travel on dates and at times specified by Sponsor or its designee. Winner and companions are responsible for obtaining proper documentation (e.g., valid photo ID, passport, visas, etc.) prior to travel. All costs and expenses not specified herein, related to the prize or the use thereof, including but not limited to additional transportation costs, additional lodging, meals, taxes (including income taxes), gratuities, insurance, surcharges and other expenses incurred by accepting the prize are the sole responsibility of the winner. Winner’s companion must, as of the date of travel, be (I) a U.S. citizen or lawful permanent U.S. resident residing in the fifty (50) eligible United States and the District of Columbia, and (II) twenty-one years of age. Winner’s companions must execute and deliver to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release and (except where prohibited by law) a Publicity Release in the form(s) provided by Sponsor or its designee by the date indicated for return on the document(s) prior to travel documents being issued as a condition to use of any component of the prize.
- Prize is non-transferable and non-assignable, and is not refundable, and must be accepted as awarded. Prize is awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Unused components of the prize shall be forfeited and have no redeemable cash value. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion. The winner is fully and solely responsible for any and all applicable federal, state, international and local taxes and assessments (including, without limitation, income taxes). Winner will be issued an IRS Form 1099 for the actual value of the prize. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize in this sweepstakes. Sponsor is not responsible for fraudulent calls or emails made to entrants by third parties.
- PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
- GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
- RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, representatives, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
- LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
- DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
- OFFICIAL RULES. These Official Rules are available on-line at http://www.crocs.com/volleyball/terms.html or by sending a self-addressed postage-stamped envelope to "Volleyball in Vegas - Rules Request", c/o Crocs, Inc., 6328 Monarch Park Place, Niwot, Colorado 80503. Vermont residents do not need to affix return postage.
- WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to "Volleyball in Vegas - Winner’s List Request", c/o Crocs, Inc., 6328 Monarch Park Place, Niwot, Colorado 80503 after August 11, 2009. Requests must be received by November 9, 2009.
- SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Crocs, Inc., 6328 Monarch Park Place, Niwot, Colorado 80503.
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