Keds and DSW GMA Contest
(the "Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TAYLOR SWIFT, INDIVIDUALLY, TAYLOR SWIFT PRODUCTIONS, INC., FIREFLY ENTERTAINMENT, INC., TAYLOR NATION, LLC, SWIFT MERCHANDISING, INC. AND/OR 13 MANAGEMENT, LLC (COLLECTIVELY, THE "TAYLOR SWIFT ENTITIES").
BY ENTERING, EACH ENTRANT HEREBY REPRESENTS AND WARRANTS THAT SUCH ENTRANT IS AT LEAST THIRTEEN (13) YEARS OF AGE AND THAT SUCH ENTRANT HAS READ THESE OFFICIAL RULES AND IS FAMILIAR WITH THEIR CONTENTS, AND AGREES TO BE BOUND BY THE OFFICIAL RULES, BY THE INTERPRETATIONS OF THE OFFICIAL RULES BY THE SPONSOR AND ITS DESIGNEES, AND BY ALL DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE CONTEST. IF ENTRANT IS NOT AT LEAST THIRTEEN (13) YEARS OF AGE AND DOES NOT AGREE AS STATED ABOVE, HE/SHE CANNOT PARTICIPATE IN THIS CONTEST. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE OR TERRITORY OF RESIDENCE (EACH, A "MINOR," AND COLLECTIVELY, THE "MINORS"), YOU FURTHER CERTIFY THAT YOUR PARENT AND/OR LEGAL GUARDIAN HAS READ THESE OFFICIAL RULES AND AGREES TO BE BOUND ON YOUR BEHALF.
1) CONTEST PERIOD: Keds and DSW Taylor Swift GMA Contest (the "Contest") begins at 12:00:00 AM Eastern Time ("ET") on September 23, 2014 and ends at 11:59:59 PM ET on October 8, 2014 (the "Contest Period").
The computer clock of Sponsors (as defined below) are the official time-keeping device in the Contest.
2) ELIGIBILITY: The Contest is open to legal residents of the 50 United States, the District of Columbia and Puerto Rico who are thirteen (13) years of age or older at the time of entry, and who have a valid email address, and who are physically present within the United States, and District of Columbia,at all times during the Contest Period and at all times relevant to this Contest, including travel to and from the GMA Event (as defined below)(the "Entrant"). Employees, officers and directors of Keds, LLC and DSW Shoe Warehouse, Inc., (collectively, the "Sponsors", or each a "Sponsor"), Wolverine World Wide, Inc., the Taylor Swift Entities, Shop PR, Lippe Taylor, Inc., PGR Media LLC, Drumroll Inc., OfferPop, Inc. and each of their respective parent companies, affiliates, subsidiaries, and advertising, contest, fulfillment and marketing agencies, and such employees’ officers’ and directors’ immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By participating, Entrants (and/or parent(s)/legal guardian(s) of any Entrants who are Minors) agree to these Official Rules and to the decisions of the panel of judges and the Sponsors, which are final and binding in all respects and in all matters related to this Contest. This Contest is void where prohibited by law, rule or regulation. All applicable federal, state, and local laws and regulations apply. Sponsors, Wolverine World Wide, Inc, the Taylor Swift Entities, Shop PR, Lippe Taylor, Inc., PGR Media, LLC, Drumroll, Inc., OfferPop, Inc., the judging panel, and each of their respective parent companies, affiliates, subsidiaries, and advertising, contest, fulfillment and marketing agencies and their respective directors, officers, owners, partners, employees, agents, dealers, representatives, successors and assigns are collectively referred to in these Official Rules as the "Contest Parties."
3) HOW TO PARTICIPATE: No purchase necessary. Internet access and valid email account required.
During the Contest Period, Entrant must follow the Twitter and/or Instagram instructions (noted below) and submit one (1) photo (the "Photo") of his or herself posing with the Taylor Swift signage at a DSW store, (the "Photo Submission"). The Photo Submission will be judged in accordance with the Photo Judging Criteria outlined below. Entrants must not use any last names of persons in his/her submitted Photo. The Photo Submission must: (i) adhere to the Submission Guidelines outlined in Section 4 below; (ii) be submitted in accordance with these Official Rules; and (iii) meet the technical specifications and comply with the terms and conditions of the respective social media platform through which it is submitted.
For the purposes of this Contest and these Official Rules, an "Entry" and collectively, the "Entries” shall include Twitter Entries, Instagram Entries, the Entry Form, the Photo and the Photo Submission as each term is defined herein.
Twitter Entry: To enter on Twitter, you must first become a "Follower" of the official Keds Twitter page and/or the DSW Twitter page (note: you can un-follow at any time). To become a Follower, you must: (i) visit @keds and/or @dswshoelovers Twitter web page; or (ii) from your Twitter home page perform a search for "Keds" and/or DSW"; and (iii) click on the "Follow" button corresponding to the Twitter page.
To enter after becoming a Follower, first check your Twitter settings and mark your profile as "public." This will allow the Contest Sponsors to receive your Contest entry. Your profile setting will only need to be set to "public" at the time of your entry. Next, upload a Photo on the Twitter application using the Hashtag #MakeMeKedsVIP from your Twitter account. To be eligible to enter, your Tweet must contain the words "enter", "entry", or words of similar meaning establishing your desire to enter the Contest. Any Tweet/upload that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry into this Contest. Examples of eligible tweets are: Enter #MakeMeKedsVIP or Enter Contest #MakeMeKedsVIP. Upon receipt and verification of your Tweet by Sponsor, you will receive an auto-response and will be asked to complete the registration form (the "Entry Form") (required fields include: Full Name, Zip Code/Postal Code, Email Address, Birth Date and confirmation that you are at least thirteen (13) years of age) with your true and correct information. You will also be required to confirm that you have read, understood and agree to abide by these Official Rules. All fields on the Entry Form must be completed unless indicated as optional. Once completed, you will be entered into the Contest (a "Twitter Entry").
By tweeting in the manner set forth above (and otherwise complying with these Official Rules), you will be entered into this Contest and eligible for a chance to win the prizes set forth herein. Your Entry must comply with all applicable Twitter Terms and Conditions.
Instagram Entry: To enter on Instagram, you must first become a "Follower" of the official Keds Instagram page and/or DSW Instagram page (note: you can un-follow at any time). To become a Follower, you must: (i) visit @keds and/or @dswshoelovers in the Instagram mobile app; and (ii) perform a search for "Keds" and/or "dswshoelover"; and (iii) click on the "Follow" button corresponding to the Instagram page.
To enter after becoming a Follower, first check your Instagram settings and mark your profile as "public." This will allow the Contest Sponsors to receive your Contest entry. Your profile setting will only need to be set to "public" at the time of your entry. Next upload a Photo on the Instagram application using the Hashtag #MakeMeKedsVIP from your Instagram account. To be eligible to enter, your upload must contain the words "enter", "entry", or words of similar meaning establishing your desire to enter the Contest. Any upload that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry into this Contest. Examples of eligible uploads are: Enter #MakeMeKedsVIP or Enter Contest #MakeMeKedsVIP. Upon receipt and verification of your upload by Sponsor, you will receive an auto-response and will be asked to complete the registration form (the "Entry Form") (required fields include: Full Name, Zip Code/Postal Code, Email Address, Birth Date and confirmation that you are at least thirteen (13) years of age) with your true and correct information. All fields on the Entry Form must be completed unless indicated as optional. You will also be required to confirm that you have read, understood and agree to abide by these Official Rules. Once completed you will be entered into the Contest (an "Instagram Entry").
By entering in the manner set forth above (and otherwise complying with these Official Rules), you will be entered into this Contest and eligible for a chance to win the prizes set forth herein. Your Entry must comply with all applicable Instagram Terms and Conditions.
Limit one entry per person, per Twitter account, Instagram account and/or e-mail address, for the duration of the Contest Period. Entry must be submitted by the Entrant himself/herself. Entrant can only use one (1) email address and one (1) social media account (i.e. Twitter, Instagram) to enter the Contest. If an Entrant uses multiple email addresses or social media accounts to submit more than one Entry, only the first Entry will count. Any attempt or suspected attempt to use robotic, automated, programmed, or entry methods not authorized by these Official Rules shall be deemed as tampering and will void all of your Entries and may result in disqualification.
Photo Submission Judging
Subject to the terms and conditions set out in these Official Rules, from 12:00:00 AM ET on October 9, 2014 to 11:59:59 ET on October 12, 2014 (the "Photo Judging Period"), a judging panel shall, in its sole discretion, review and verify all Entries pursuant to the "Photo Judging Criteria" below, and determine who will become the Contest Grand Prize Winner and the fifty (50) Contest Runner-Up winners (defined below).
- Judging Criteria for Photo Submissions
(a) Quality of Photo Submission (100%) divided evenly by three categories: (i) originality; (ii) relevancy, and (iii) creativity described/displayed in the Photo Submission.
The Entrant with the highest Quality of Photo Submission score will be the "Contest Grand Prize winner." The other top fifty (50) finalists will be the "Contest Runner-Up winners."
Tie Breaker: In the unlikely event of a tie in the judging of the Photo Submissions, the potential Contest Grand Prize winner and/or the Contest Runner-Up winners will be selected based on which Entry was submitted first; using Sponsors' computer as the time-keeper.
Odds of being selected as a Contest Grand Prize winner or a Contest Runner-Up winner will depend on a combination of: (i) the total number of eligible Entries received during the Contest Period; and (ii) the score the Entry receives from the judging panel during the Photo Judging Period.
4) ADDITIONAL PARTICIPATION REQUIREMENTS FOR PHOTO (the "Submission Guidelines.")
You represent and warrant that your Photo Submission, and each and every part of your Entry is your original work, composed entirely of original content wholly owned by you, and over which you have all necessary rights, title and interest, including, without limitation, copyright, and does not include content that, in the sole and unfettered judgment of the Sponsors:
- Is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Is obscene or offensive, or contains either references, situations, words or statements that could be considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group, or endorses any form of hate or hate group;
- Appears to duplicate any other submitted Entry;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, music or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, other than trademarks or logos owned by the Sponsors;
- Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Contains material that is subject to copyright protection and that is owned by others (including, without limitation, photographs, paintings and other works of art or images published on or in websites, television, movies or other media);
- Contains or mentions any person other than the Entrant, or contains any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without consent of usage, or otherwise infringes upon the intellectual property rights, or defames or invades the publicity or privacy rights, of any third party, living or deceased;
- Contains any material that has been previously, sold, published or submitted in any other contest, sweepstakes or promotion;
- Is inconsistent, or communicates messages or images that are inconsistent, with the reputations, images and/or goodwill of the Sponsors, the Contest Parties and the Taylor Swift Entities; or
- Violates any law or is otherwise inappropriate, as determined in the Sponsors’ sole discretion.
Entries that violate any of the above requirements, as deemed by the Sponsors, in their sole discretion, shall be void. Sponsors reserve the right to reject, remove and/or refuse to post for public viewing, any Entry and/or Photo Submission that it deems, in its sole discretion, to be inappropriate, for any reason whatsoever and to disqualify such Entrant from participation in the Contest.
5) CONTEST PRIZES: One (1) Contest Grand Prize (as defined below) winner and fifty (50) Contest Runner-Up Prize (as defined below) winners, will be selected as set forth herein. There are a total of fifty one (51) prizes available to be won, as follows:
Contest Grand Prize*
One (1) Contest Grand Prize will be awarded. The "Contest Grand Prize" will consist of the following:
- Access for Contest Grand Prize winner and his/her guest to attend Taylor Swift's performance on Good Morning America ("GMA") to take place in New York, New York, rain or shine, on October 27, 2014 (the "GMA Event"). Grand Prize winner and his/her guest will watch the Taylor Swift performance in the VIP section;
- Two (2) round-trip coach airfare tickets to New York, New York from a major U.S. gateway airport nearest Contest Grand Prize Winner's primary residence in the U.S. Ticket costs paid by Sponsors with an approximate retail value ("ARV") of four hundred dollars ($400.00) per ticket; eight hundred dollars ($800.00) for two tickets. Sponsors reserve the right to substitute ground transportation if Contest Grand Prize Winner resides within 150 miles of the GMA Event. Tickets' ARV of $800.00 USD, based on a sample Boston, MA departure;
- One (1) double occupancy standard room for three (3) days/two (2) nights at a hotel to be determined by Sponsors in their sole discretion. Room costs paid by Sponsors with an ARV of three hundred dollars ($300/night), for two nights, with an ARV of $600.00 USD for the entire stay;
- One (1) four hundred ($400) American Express gift card to be used for dining, ground transportation and/or additional expenses, with an ARV of $400.00 USD;
- Roundtrip ground transportation for two (2) people between hotel and the GMA Event. Amount paid by Sponsors with an ARV of $100.00 USD.
- Two (2) pairs of Keds, with an ARV of fifty dollars ($50.00) per pair, or one hundred dollars ($100.00) for two pairs, with an ARV of $100.00 USD.
For the avoidance of confusion, Contest Grand Prize winner and guest will not meet Taylor Swift and the Contest Grand Prize does not include any form of meet and greet with Taylor Swift.
The Contest Grand Prize is only valid for the GMA Event and cannot be applied to another event during the Taylor Swift Album Launch Week.
Winner and his/her guest will need to be present at GMA between 5:30am ET and 6:30am ET on October 27, 2014. As a result, the Contest Grand Prize winner and his/her guest will need to arrive in New York, New York on or before October 26, 2014.
The total ARV of the Contest Grand Prize is two thousand dollars ($2,000.00) USD.
For all footwear prizes, the footwear style, color and size is subject to in-stock availability.
Contest Runner-Up Prizes
Fifty (50) Contest Runner-Up Prizes will be awarded. Each "Contest Runner-Up Prize" will consist of the following:
- One (1) pair of Keds, with an ARV of fifty dollars ($50.00).
For all footwear prizes, the footwear style, color and size is subject to in-stock availability.
The ARV of each of the Contest Runner-Up Prizes is $50.00 USD.
The total ARV of all of the Contest Runner-Up Prizes is $2,500.00 USD.
The total ARV of all Contest prizes is $4,500.00 USD, based on a sample Boston, MA departure for the Contest Grand Prize.
No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsors, who reserves the right to substitute a prize with one of comparable or greater monetary value, or a cash equivalent, in its sole discretion, if one of the prizes becomes unavailable. Any applicable taxes are the sole responsibility of the winners and/or the parents or legal guardians of minors. Sponsors will not replace any lost or stolen prizes. Sponsors makes no representations or warranties with respect to any prize. Prizes include delivery to one (1) U.S. address only, as supplied by selected winners. Any other costs or expenses associated with the prizes will be the responsibility of selected winners. Limit: one (1) Contest prize per person and per household.
*If the Contest Grand Prize winner is a Minor, then the Contest Grand Prize winner’s guest must be his/her parent or legal guardian. If the Contest Grand Prize winner’s guest is under the age of majority in his or her state or territory of residence, such guest must be accompanied by his or her parent or legal guardian, who must travel and attend the GMA Event and any prize-related event and/or location at such parent’s or legal guardian’s own expense. In no event will there be more than one (1) Contest Grand Prize winner and one (1) guest.
*In the event a Contest Grand Prize winner’s residence is close enough (e.g. within 200 miles) to the GMA Event, such that air transportation is deemed by Sponsors in their sole discretion to be unnecessary, the Contest Grand Prize will not include air transportation from such Contest Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Contest Grand Prize winner and his or her guest must travel together, on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and must comply with all applicable hotel check-in requirements, such as presentation of a major credit card. Sponsors are not responsible if Contest Grand Prize winner and/or his or her guest is/are denied access to the aircraft or entry/re-entry into destination country. In such an event, Contest Grand Prize winner and/or his or her guest will be solely responsible for any expenses incurred and the Contest Grand Prize may be forfeited, in whole or in part. All aspects of the travel portions of the Contest Grand Prize must be conducted on such dates as determined by Sponsors in their sole discretion. The dates of departure and return are subject to change at Sponsors’ sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All bookings (flight and hotel) are subject to availability, changes in itinerary and other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The actual retail value for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsors reserve the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins, and is subject to change. The Contest Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. Contest Grand Prize winner and his or her guest will be responsible for all expenses not specifically described above as included in the Contest Grand Prize, including, but not limited to, meals, in-room entertainment, insurance, tips and any other personal expenses. A deposit or payment in advance, or presentation of a credit card by the Contest Grand Prize winner and/or his/her guest, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Contest Grand Prize winner and his/her guest are solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Contest Grand Prize described above may be subject to additional restrictions/conditions. In the event the Contest Grand Prize winner and/or his or her guest engage in behavior that, as determined by Sponsors in their sole discretion, is threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserve the right to terminate the trip to the GMA Event or other applicable experience early, in whole or in part, and send the Contest Grand Prize winner and/or his or her guest and/or their parents/guardians home with no further compensation. Contest Grand Prize trip must be booked through Sponsors’ promotional agency and must be booked at least three (3) days in advance of departure. Travel and hotel must be arranged through Sponsors. The Contest Grand Prize may not be used towards any type of frequent flyer mileage, or other reward point accumulation program. If winner elects to travel without his or her guest, no additional compensation will be awarded in lieu thereof. Contest Grand Prize winner, his/her guest and/or their parents/guardians, if any, must comply with all venue rules and regulations; failure to do so may result in forfeiture of the tickets portion of the Contest Grand Prize.
6) WINNER NOTIFICATIONS:
The Contest Grand Prize winner and Contest Runner-Up winners will receive prize notification via email on or about October 13, 2014, at the email address provided by Entrant at the time of Entry. Please check your email and spam filters. The potential winners will have forty-eight (48) hours from time of receipt of winning notification to confirm that the notification has been received. The Contest Grand Prize winner must also provide the full legal name of his/her guest and all other information about his/her guest as requested in the notification, in order to claim his/her Contest Grand Prize. Name and other requested information related to the guest must not change after it is received by Sponsors, or the air travel ticket for the guest will be forfeited.
A potential winner only becomes the “winner” when all required forms and/or information are completed, returned to, and received by the Sponsors. If any potential winner cannot be contacted within a three day time period, if the potential winner is ineligible, if any notification is returned undeliverable, if potential winner fails to return release documentation or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and, if time permits, an alternate winner may be selected from among all remaining Entries at the sole discretion of Sponsors. Potential winners are subject to verification, including verification of age. Sponsors are not responsible for any change in Entrant's e-mail account and/or Twitter and/or Instagram account. For the avoidance of confusion, prizes won by an eligible Entrant who is a Minor will be awarded to a Minor’s parent or legal guardian on behalf of the Minor, and both the Minor and the Minor’s parent or legal guardian must sign and return all documents, and will be responsible for fulfilling all other requirements imposed on winners by these Official Rules.
7) OWNERSHIP OF ENTRIES / ASSIGNMENT OF RIGHTS: All Contest entries, including, without limitation, all Photo Submissions become the property of Sponsors and will not be acknowledged or returned. Without limiting the foregoing, entry into this Contest constitutes irrevocable and perpetual permission and consent of Entrant (and/or of parent(s)/legal guardian(s) of any Entrant who is a Minor), without further notification, compensation or attribution to the Entrant or any other party, to use, reproduce, modify, create derivative works from, print, publish, post, transmit, distribute, sell, perform, adapt, enhance, and display and otherwise make use of and distribute such his/her Entry and/or any portions or excerpts thereof, for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes, by the Sponsors, and/or others authorized by the Sponsors, in any and all media, including the internet, now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Entry and all extensions thereof. The Sponsors, and/or others authorized by the Sponsors, shall have the unrestricted and unfettered right to edit, adapt, alter and modify the Entry as they alone shall determine, and the Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) hereby waives all author’s rights, "droits morales" and "moral rights," including, but not limited to, lending and rental rights, that the Entrant may have in such regard; provided that, to the extent that an Entrant may not waive these rights, the Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) hereby agrees not to assert these rights. Each Entrant (and/or parent(s)/legal guardian(s) of any Entrant who is a Minor) agrees to take, at Sponsors' expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsors to effect, perfect or confirm Sponsors’ ownership rights as set forth in this paragraph above.
8) GENERAL PRIZE CONDITIONS: Prizes will only be awarded upon potential winners’ verification of eligibility and final approval by Sponsors. Proof of submitting an Entry does not constitute proof of receipt by Sponsors. To the extent permitted by law, Sponsors reserve the right to perform a detailed publicity and background check on the potential winners, each winner and on the Contest Grand Prize winner’s guest, of any and all records (including, without limitation, civil and criminal court records and police reports) and, based on such results, may disqualify a potential winner, winner and/or guest, in its sole discretion. To the extent permitted by law, in order to participate in the Contest, including engaging in any prize-related travel, the Contest Grand Prize winner and the guest must authorize Sponsors to perform the same in order for the Contest Grand Prize winner and the guest to participate in the Contest Grand Prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsors’ sole discretion. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ and/or service providers’ terms therefore, and winners agree to look solely to such manufacturers and/or service providers for any such warranty and/or guarantee. Unclaimed prizes will not be awarded. An IRS Form 1099 will be issued to the Contest Grand Prize winner where required. Notwithstanding anything herein, potential Contest Grand Prize winner (and/or potential Contest Grand Prize winner’s parent(s)/legal guardian(s) if the potential Contest Grand Prize winner is a Minor) and the guest (and/or the guest’s parent(s)/legal guardian(s) if the guest is a Minor), will be required to complete and return a W-9, an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release, within seventy-two (72) hours of receipt of the Sponsors’ notification or request therefor, releasing the Contest Parties, Twitter and Instagram from any liability in connection with this Contest or the acceptance, possession, use or misuse of any prize (including, without limitation, attending and travel to and from the GMA Event), and acknowledging the Sponsors’ ownership rights in the Entries, as provided in Section 7 of these Official Rules. Non-compliance with this time period may result in disqualification. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced herein, the winner will be required to promptly return to Sponsors his/her prize, or the cash value thereof.
9) PUBLICITY RELEASE: Except where prohibited or restricted by law and even if a winner may be required to sign a separate Publicity Release, acceptance of a Contest prize constitutes agreement and consent by winner (and/or his/her parent(s)/legal guardian(s) if a winner is a Minor) and by his/her guest (and/or his/her parent(s)/legal guardian(s) if the guest is a Minor) to the Sponsors’: (1) use of the winner’s and guest’s name, likeness, image, voice, and/or appearance, as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made at the GMA Event; and (2) use and/or publication of each winner’s and guest’s full name, city and state or territory of residence, biographical information, Contest Entry, portrait, picture, voice, likeness, and/or statements made by winner regarding the Contest or the Sponsors, worldwide and in perpetuity, for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval. Each winner (and/or his/her parent(s)/legal guardian(s) if a winner is a Minor) and guest (and/or his/her parent(s)/legal guardian(s) if the guest is a Minor) agrees that the Sponsors have complete ownership of any photographs, video recordings, audiotapes, digital images, and the like, taken or made at the GMA Event, including, without limitation, the copyright and all registrations and extensions thereof.
10. MISCELLANEOUS: Entrants who fail to abide by these Official Rules, fail to follow all of the instructions of the Sponsors, and/or fail to provide all of the required information in their Entry may be disqualified. Sponsors and the Contest Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered or misdirected Entries, all of which are void. Entries will be considered to be entered by the authorized account holder of the e-mail address and/or social media account submitted at time of entry and he/she must comply with these Official Rules. In the event of a dispute as to the identity of the Entrant, the authorized account holder is deemed as the natural person who is assigned to an e-mail address and/or Twitter and/or Instagram account by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses and/or Twitter and/or Instagram accounts for the domain associated with the submitted e-mail address and/or Twitter and/or Instagram account. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address and/or Twitter and/or Instagram account associated with the selected Entry.
12. RELEASE: BY PARTICIPATING IN THE CONTEST, ENTRANTS, WINNERS AND/OR THE GUESTS (AND PARENT(S)/LEGAL GUARDIAN(S) OF ANY ENTRANT, WINNER AND/OR GUEST WHO IS A MINOR) AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSORS, WOLVERINE WORLD WIDE, INC., THE CONTEST PARTIES, TWITTER, INC. (“TWITTER”), INSTAGRAM, LLC (“INSTAGRAM”) AND THE TAYLOR SWIFT ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES, AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS AND REPRESENTATIVE OF EACH, FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND/OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH) AND PROPERTY, WHETHER DIRECT OR INDIRECT, THAT MAY BE DUE TO, OR MAY ARISE OUT OF, PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF ANY PRIZE (OR ACTIVITY RELATED THERETO, INCLUDING, WITHOUT LIMITATION, ATTENDING AND TRAVEL TO AND FROM THE GMA EVENT), OR A BREACH OR AN ALLEGATION THAT, IF TRUE, WOULD CONSTITUTE A BREACH OF ANY OF ENTRANT’S, WINNER’S, AND/OR THE GUEST’S REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN. ENTRANTS, WINNERS, AND/OR THE GUESTS (AND PARENT(S)/LEGAL GUARDIAN(S) OF ANY ENTRANT, WINNER AND/OR GUEST WHO IS A MINOR) WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. As a condition of participating in the Contest, Entrant agrees that: (i) under no circumstances will any Entrant be permitted to obtain awards for his/her participation in the Contest or the submission of an Entry, and each Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (ii) all causes of action arising out of or connected with this Contest, or any prizes awarded, or the acceptance, use/misuse or possession of any prize (or activity related thereto, including, without limitation, travel to and from the GMA Event) shall be resolved individually, without resort to any form of class action; and (iii) in no event will any Entrant be entitled to receive attorneys’ fees.
13. DISCLAIMER: Sponsors and the Contest Parties, and their respective contractors and/or agents, are not responsible for printing or typographical or computer programming or operator errors in these Official Rules or in any Contest-related materials and reserve the right to correct any such errors. Sponsors reserve the right, in its sole discretion, to disqualify any individual who tampers with the Contest entry process. Sponsors also reserve the right to terminate, suspend, cancel or modify the Contest and/ or these Official Rules, in whole or in part, at any time and without notice or obligation and award the Contest prizes from among all eligible, non-suspect Entries received as of the date of termination or modification, as applicable, using the selection process outlined herein, if for any reason this Contest is not capable of running as planned due to any reason, including, but not limited to, infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Contest. Sponsors and the Contest Parties are not responsible or liable for any events that may cause errors and/or the Contest to be stopped, including, but not limited to, 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, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, mobile equipment, software or any other failure of any email or Entry to be received by Sponsors on account of 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 Entrant's or any other person's computer or mobile device relating to or resulting from participation in this Contest or downloading any materials in this Contest. Sponsors and the Contest Parties are not responsible for computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing or judging of Entries, or in any other Contest-related materials. The Sponsors and Contest Parties may stop you from participating in this Contest if you violate the Official Rules or act, in Sponsors’ sole discretion: (a) in a manner Sponsors determine to be not fair; (b) with an intent to annoy, threaten or harass any other Entrant or the Sponsors; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsors reserve the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 5.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT, WINNER AND/OR GUEST (OR PARENT(S)/LEGAL GUARDIAN(S) OF ANY ENTRANT, WINNER AND/OR GUEST WHO IS A MINOR) TO DELIBERATELY DAMAGE ANY WEB SITE, PLATFORM, APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
14. CHOICE OF LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants or winners, Sponsors in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions which might otherwise cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the Commonwealth of Massachusetts. Entrants, winners and/or the guests (and parent(s)/legal guardian(s) of any Entrant, winner and/or guest who is a Minor) hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
15. TAX INFORMATION: All applicable federal, state local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winners.
16. WINNERS LIST: To receive the list of winners of prizes, please send an email to email@example.com. Please reference "Keds and DSW Taylor Swift GMA Contest" in your email.
17. This Contest is in no way sponsored, endorsed or administered by, or associated with, either Twitter or Instagram. Twitter and/or Instagram are completely released of all liability by each Entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to Sponsors and not Twitter or Instagram.
SPONSORS: Keds, LLC, 191 Spring St., Lexington, MA 02421 DSW Shoe Warehouse, Inc., 810 DSW Drive, Columbus, OH 43219