TOMS SHOES, LLC
TOMS PASSPORT REWARDS SNEAKERS SWEEPSTAKES
OFFICIAL RULES (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
This promotion is a sweepstakes (the “Promotion”) offered by TOMS Shoes, LLC (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules.
Participation in the Promotion is only open to persons who at the time of entering (a) are a member of TOMS Passport Rewards program (enrollment is free and please sign up at www.toms.com/passport), (b) have reached the legal age of majority where they reside, and (c) are legal residents of the United States of America. Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER
The ability to enter the Promotion will begin at 12:00 a.m. Pacific Standard Time (PST) on June 7, 2017, and ends at 11:59 p.m. PST on July 28, 2017 (the “Promotion Period”).
To enter: You must be a Passport Rewards member (it is free to sign up! Please sign up here: www.toms.com/passport); and
a. Visit your Passport Rewards Dashboard page at www.toms.com/passport and follow the instructions on how to enter by redeeming 25 stamps; or
b. Send a postcard to TOMS Shoes, LLC, 5404 Jandy Place, Los Angeles, CA 90066, Attention: Marilyn Okano, TOMS Passport Rewards Sneakers Sweepstakes. Please include your full name, address, email address and phone number. All postcards must be postmarked during the sweepstakes promotion period.
Each of (a) or (b) above, an “entry”.
Please see Sponsor’s Privacy Statement (located at http://www.toms.com/privacy-policy) for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. Any failure to comply with these terms may result in automatic disqualification from the Promotion.
Costs associated with entering the Promotion (if any) are your responsibility and are dependent on the internet service provider, telecommunications provider or other third party used to enter the Promotion. Please note that there is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations. Data rates may apply. See your wireless carrier for pricing details. You must be a TOMS Passport Rewards member. Establishing a TOMS Passport Rewards membership account is free, please see above for how to sign up.
LIMIT: Ten (10) entries per person.
There is one (1) prize available to be won (“Prize”), which consists of three (3) pairs of sneakers from TOMS.com, which shall be chosen by the winner (subject to availability) plus a gift bag that includes a llama baseball cap on or before August 20, 2017 with a maximum aggregate retail value of USD $550. The total approximate retail value of the Prize shall not exceed USD $550. For the purpose of determination of the Prize value (or any part thereof, or the aggregate of all Prizes), the determination of Sponsor will be final and binding. The right to a Prize (or any part thereof) is not transferable by the winner. The Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, the Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. No responsibility or liability is accepted for any variation in the value of the Prize. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner; except for one (1) instance of shipping of the three (3) sneakers and gift bag that make up the Prize (or any substitution) to the Prize winner.
4. DRAWING AND NOTIFICATION OF WINNERS
One (1) Prize winner will be drawn by the Sponsor on the date noted below from among all eligible entries received by 11:59 p.m. PST on July 28, 2017 based on a random draw from all eligible entries. The potential winner will be drawn on or before August 10, 2017 and will be contacted by Sponsor thereafter via the email address noted in the potential winner’s Passport Rewards account or on the postcard submitted.
This Promotion is a sweepstakes (i.e., game of chance) and skill plays no part in the determination of the winner. The Sponsor or its designee will attempt to contact the potential winner by emailing the potential winner on or before August 10, 2017 at the email address noted in the potential winner’s Passport Rewards account or on the postcard submitted. If the potential winner cannot be contacted within two (2) days from the date Sponsor first emails the potential winner, or if a Prize notification is returned or reported as undeliverable, or if the potential winner (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if the potential winner fails to, is unable to or is unwilling to comply with these Rules, or if the potential winner fails to, is unable to or is unwilling to sign and deliver to Sponsor’s satisfaction within two (2) days after such winner is sent a waiver, release and confirmation of eligibility under and compliance with these Rules by Sponsor, then the potential winner forfeits all rights to win the Promotion or receive a Prize and will be deemed disqualified. In such case another potential winner shall be drawn for the Prize at issue. This process may be repeated until the Prize has been awarded and delivered, upon which event such potential winner will be declared the winner of the Promotion. All findings, determinations and decisions of the Sponsor may be made in the Sponsor’s sole discretion and are final and binding in all matters relating to this Promotion and in all respects.
The winner will be posted on http://www.toms.com/stories after such winner has been declared.
5. RELEASE AND CONSENT; LICENSE
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any Prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any Prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
Except where prohibited by law, by entering the Promotion, you hereby consent to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination, picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
6. DISCLAIMERS AND NOTICES
To the extent permitted by law, Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of a Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person's computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) to verify the validity of entries and your identity, age and place of residence.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED FIVE HUNDRED DOLLARS ($500), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non-compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by the laws of the State of California (excluding its conflicts of laws rules). All Rules-Related Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles County, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
8. WINNERS LIST
The identity of the winner will be published approximately one (1) week after the winner has been finally declared and the Prize (or any part thereof) has been finally awarded. Such publication will be posted to http://www.toms.com/stories such other Web locations of Sponsor’s as may be deemed appropriate by Sponsor, and shall remain on such website for at least one (1) month. For the name of the Prize winner, you may also send a self-addressed, stamped envelope to: TOMS Shoes, LLC – ATTENTION: TOMS Passport Rewards Sneakers Sweepstakes, 5404 Jandy Place, Los Angeles, CA 90066. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
Subject to the license in Section 5 above, all entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Subject to the license in Section 5 above, upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
TOMS Shoes, LLC
5404 Jandy Place
Los Angeles, CA 90066
TOMS, and all related names, logos, product and service names, designs and slogans are trademarks of TOMS Shoes, LLC or its affiliates or licensors.
© 2017 TOMS Shoes, LLC. All rights reserved.