“The Great Fight for Sight” TOMS/Delta Gamma Fraternity Promotion (the “Promotion”) Terms and Conditions

By participating, participants agree to these official rules and the decisions of TOMS Shoes Inc. (“TOMS”), which are final and binding in all matters related to this Promotion. The Promotion will be governed by all applicable federal, state and local laws.

ABOUT THE PROMOTION. TOMS and Delta Gamma Fraternity have agreed to participate in a mutually beneficial Promotion, “The Great Fight for Sight”, whereby members, alumnae, and authorized personnel of Delta Gamma Fraternity will promote the sale of TOMS eyewear and TOMS will provide certain incentives, prizes and promotional opportunities in exchange for Delta Gamma’s efforts. In order to promote the sale of TOMS eyewear, each participant will be given a promotion code (“Promo Code”) which will allow sales of the eyewear to be tracked. Only one Promo Code per transaction shall be permitted and Promo Codes shall not be used in connection with other codes, discounts or promotions.

ELIGIBILITY TO PARTICIPATE. All current members, alumnae, and authorized personnel of Delta Gamma Fraternity are eligible to participate subject to final review and approval (not to be unreasonably withheld) by the Delta Gamma Fraternity. Participants must be eighteen (18) years of age or older to participate. Prizes will be awarded to U.S. participants only. TOMS may prohibit a participant from participating for any lawful reason and shall be responsible for all final decisions regarding eligibility of individuals and/or chapters in its sole and absolute discretion. Final decisions as to any ineligibility by TOMS are final and non-appealable. VOID WHERE PROHIBITED BY LAW. By participating, participants agree to these official rules and the decisions of TOMS, which are final and binding in all matters related to this Promotion. The Promotion will be governed by all applicable federal, state and local laws.

PRIZES/INCENTIVES. TOMS and Delta Gamma Fraternity will work together to develop final details as to prizes/incentives to be given in connection with the Promotion. A one-time prize can be earned and the incentive structure is as follows:

  • 10 pairs sold (per chapter) - TOMS will give a TOMS $50 gift card and a limited edition Delta Gamma and TOMS-branded poster to the chapter
  • 50 pairs sold (per chapter) - TOMS will give a TOMS $50 gift card, $250 and a limited edition Delta Gamma and TOMS-branded poster to the chapter
  • 100 pairs sold (per chapter) - TOMS will give 2 TOMS $50 gift cards, $500, and a limited edition Delta Gamma and TOMS-branded poster to the chapter
  • 200 pairs sold (per chapter) - TOMS will give funds to Delta Gamma Foundation, which they will use to send 1 DG member from the winning chapter to a Delta Gamma Leadership Summit and TOMS will give the chapter a limited edition Delta Gamma and TOMS-branded poster

GRAND PRIZE (for the student and alumnae chapter that are responsible for the most sales) –

1 student chapter wins:

  • TOMS will send two members and one chapter advisor or parent on a TOMS Eyewear Trip.
  • TOMS will give $1000 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise: 10 pairs of TOMS Sunglasses and 10 pairs of TOMS University Classic shoes.

1 alumnae chapter wins:

  • TOMS will send two members on a TOMS Eyewear Trip.
  • TOMS will give $1000 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise: 10 pairs of TOMS Sunglasses and 10 pairs of TOMS University Classic shoes.

SECOND PRIZE (for the student and alumnae chapter that are responsible for the second most sales) –

1 student chapter wins

  • TOMS will give $1000 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise: 10 pairs of TOMS Sunglasses and 10 pairs of TOMS University Classic shoes.

1 alumnae chapter wins

  • TOMS will give $1000 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise: 10 pairs of TOMS Sunglasses and 10 pairs of TOMS University Classic shoes.

THIRD PRIZE (for the student and alumnae chapter that are responsible for the third most sales) –

1 student chapter wins

  • TOMS will give $500 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise to raffle: 10 pairs of TOMS University Classic shoes and 25 TOMS t-shirts.

1 alumnae chapter wins

  • TOMS will give $500 to the chapter to enhance an event or fundraiser.
  • TOMS will give the chapter the following merchandise to raffle: 10 pairs of TOMS University Classic shoes and 25 t-shirts.

The above prizes/incentives shall be subject to change in TOMS’ sole discretion.

In the event of a tie for the Grand Prize, Second Prize or Third Prize, TOMS shall choose a winner based on random drawing.

All prizes/incentives, and any portions thereof, are non-transferable, non-refundable for cash and non-changeable once issued. If any portion of any prize/incentive is lost, it will not be replaced, in whole or in part. If prize/incentive recipients do not use any portion of the prizes/incentives, no other compensation for the unused portion of the prizes/incentives, in whole or in-part, will be provided. Any attempt by any prize recipient to transfer or sell any portion of the their prize/incentives shall immediately forfeit that portion of the related prize/incentive or the entire prize/incentive, as determined by TOMS in its sole discretion, and such recipient may not be eligible to receive any future prizes from TOMS, as determined by TOMS in its sole discretion. TOMS or its agents shall not be responsible for delays in delivery of any portions of the prizes/incentives once they have been shipped by TOMS or its agent. Recipients shall bear all risk of loss or damage to their prize/incentive after it has been delivered to such recipient. Prize/incentive recipients are solely responsible for all Federal, State, and local taxes on their prize/incentive and/or such recipient’s acceptance thereof. Recipient may be issued an IRS Form 1099 for the ARV of their awarded prize/incentive. Prizes/incentives, or any portion thereof, are subject to availability and TOMS in its sole discretion may substitute cash or different prizes/incentives except where prohibited by law.

4. CLAIMING PRIZE/INCENTIVES AND RELEASES. Eligibility, age and all claims made by recipients are subject to verification. TOMS is not responsible for fraudulent calls/mail/e-mails made/sent to participants not by TOMS. Potential recipients may be required to complete, sign, have notarized and return an Affidavit of Eligibility, and Liability/Publicity Release Form (except where prohibited by law) and an IRS form W-9 within five (5) business days of recipient’s receipt of same. If any participant/recipient fails to comply with these official rules, is found to be ineligible and/or does not submit required documentation within the designated period, their prize/incentive may be forfeited and an alternate recipient selected. By accepting any prize/incentive, or any portion thereof, recipients further acknowledge that TOMS and any other entity involved with this Promotion 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 the prize/incentive or to any portion thereof, including, but not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. If any Promotion-related notifications are returned as undeliverable, or if any prize/incentive recipient refuses their prize, or any portion thereof, such recipient may be disqualified.

5. PUBLICITY AND CONSENT TO USE AFFIDAVIT: Except where prohibited, participation in this Promotion constitutes the participant’s consent to TOMS’ use of his/her name, photographs and likeness for advertising, trade and promotional purposes in all media without additional compensation, notice, or approval. Participants may also be required to sign and return an Affidavit of Eligibility/Release of Liability/prize/incentive Acceptance form postmarked within ten (10) days of TOMS’ request. Noncompliance within this time period may result in disqualification and an alternate recipient may be selected. All recipients may be required to produce picture or some other form of proper identification to claim any prize/incentive.

6. GENERAL. By entering the Promotion and/or accepting a prize/incentive, or any portion thereof, each participant agrees to: (a) be bound by these rules; (b) release TOMS and its agents, and its parent companies, subsidiaries, distributors, affiliates, contractors, advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members (collectively “Releasees”) from all liability, claims, action, or proceedings relating to the Promotion and from injuries or damages arising in connection with or relating to participation in the Promotion, or use or misuse of any prize/incentive, or portion thereof; and (c) waive any right to claim ambiguity in the Promotion or these official rules. TOMS reserves the right to modify these official rules for clarification or other purposes and/or cancel, terminate or suspend any portion of this Promotion should virus, bugs, non-authorized human intervention or other causes beyond the control of TOMS corrupt or impair the administration, security, fairness or proper play of the Promotion and, in any such event, at its sole discretion.

7. TAXES: All taxes and other expenses not specified herein, including federal, state, local are the sole responsibility of the recipients. All federal, state, and local laws and regulations apply.

8. LIMITATIONS ON LIABILITY/UNFORESEEN EVENTS: Releasees shall not be responsible or liable for any property loss, damage, personal injury, or death, in connection with the prizes/incentives provided pursuant to the Promotion and/or any person’s participation in the Promotion. Notwithstanding anything to the contrary contained herein, Releasees shall not be liable to winner or any other person for failure to supply the prizes/incentives or any part thereof, or for any injury, damage or loss sustained in connection with recipients’ acceptance or participation in the prizes/incentives, for any reason beyond the reasonable control of TOMS (including, but not limited to, acts of God, acts of war or terrorism, or any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity) (each an “Event of Force Majeure”). If for any reason (including, but not limited to, an Event of Force Majeure) TOMS cannot continue the Promotion, then the Promotion will not resume until TOMS resumes normal business, if ever. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), TOMS reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify participants as applicable. In such event, TOMS shall have no liability to any participants who are disqualified due to such an action. If for any reason this Promotion is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of the TOMS, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, then TOMS reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, except where prohibited by law.

9. OTHER LIMITATIONS OF LIABILITY: The Releasees shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of Promotion prize/incentive manufacturer, supplier or any of their agents, servants, employees, or independent contractors, (b) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Releasees, or (c) any cause, condition or event whatsoever beyond the control of the Releasees. Releasees shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any prize/incentive granted under this Promotion, even if caused by the negligence of any maker, distributor or supplier of any portion of any prize/incentive or their respective parents, subsidiaries, and affiliated companies.

10. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEB SITE ASSOCIATED WITH THIS PROMOTION, SUBMIT MALICIOUS CODE, .EXE FILES, OR ANY FILE THAT CONTAINS MALICIOUS CODE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TOMS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL TOMS OR ITS AGENTS OR THE RELEASEES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.