NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
FOR PERSONS WHO ENTER THE GRAND PRIZE DRAWING THROUGH THIS CREATIVE PRESENTATION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. Make Today Merry (“Instant Win Game”) is sponsored by Brown Group Retail, Inc. d/b/a Famous Footwear ("Famous Footwear"), 8300 Maryland Avenue, St. Louis, MO 63105. The Grand Prize Drawing is sponsored by ePrize, LLC (“ePrize”), One ePrize Drive, Pleasant Ridge, MI 48069. Famous Footwear and ePrize are sometimes collectively referred to as “Sponsors.” The Grand Prize Drawing is offered in conjunction with multiple companies (“Promoters”) through different Web sites (“Creative Presentations”), announcing many different prizes. One such Promoter is Famous Footwear. One (1) winner will be selected in a random drawing from among all eligible entries received through all Creative Presentations. The prize for which an entrant is eligible depends on the Creative Presentation through which the entrant entered the Grand Prize Drawing. The Instant Win Game and the Grand Prize Drawing are referred to collectively as the “Promotion.”
ONLY ONE (1) GRAND PRIZE FROM AMONG ALL OF THE CREATIVE PRESENTATIONS WILL BE AWARDED.
2. Timing. The Promotion begins November 12, 2009 at 12:00 a.m. Eastern Time (“ET”) and ends December 31, 2009 at 11:59 p.m. ET (“Promotion Period”). ePrize’s computer is the official time keeping device for this Promotion. Various Creative Presentations may be added to the Grand Prize Drawing throughout the Promotion Period.
3. Eligibility. The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Void where prohibited. Employees, officers and directors of Sponsors and Promoters (including Famous Footwear and its agencies), any prize contributors, their respective related companies, franchisees and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to enter. All federal, state, and local laws and regulations apply. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsors, which are final and binding in all respects.
4. How to Enter. The online entry process for both the Instant Win Game and the Grand Prize Drawing are combined. During the Promotion Period, visit http://famousfootwear.promo.eprize.com/maketodaymerry and follow the links and instructions to complete and submit the registration, including a valid home address. P.O. Boxes are not permitted. You automatically will receive one (1) Grand Prize Drawing entry and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Once on the Instant Win Game page, follow the instructions to play the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each participant may enter the Grand Prize Drawing and play the Instant Win Game one (1) time per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries/plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries/plays and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
You may enter the Grand Prize Drawing through as many Creative Presentations as you like.
Tell A Friend Program: After you play the Instant Win Game, you will be invited to submit the names and email addresses of up to three (3) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. Each day you refer at least one (1) friend with a valid email address, you will be given one (1) additional Grand Prize Drawing entry and one (1) additional Instant Win Game for that day. During the Promotion Period, you may receive up to one (1) additional Grand Prize Drawing entry and one (1) additional Instant Win Game per day through Tell A Friend Program.
5. ALL POTENTIAL WINNING PLAYS/ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SO INDICATES, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY/ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY/ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY/ENTRY AND IS VOID AND WILL NOT BE HONORED.
6. Grand Prize Drawing/Instant Win Game. All potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Grand Prize Drawing: Sponsor will randomly select one (1) Promoter's Creative Presentation from among all Creative Presentations and Sponsor will then select one (1) potential Grand Prize winner from among all eligible entries received through the selected Creative Presentation, on or about January 29, 2010. The potential Grand Prize winner will be notified after the date of the random drawing. The potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) must sign and return to ePrize, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If the potential winner cannot be contacted, fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, or prize is returned as undelivered, potential winner forfeits prize. In the event that the potential Grand Prize winner is disqualified for any reason, an alternate winner will be selected in a random drawing from among all eligible entries received for the selected Creative Presentation. Only three (3) alternate winners will be selected, after which the Grand Prize will remain un-awarded. The Grand Prize will be fulfilled approximately 8-10 weeks after winner verification. Instant Win Game: Two thousand one (2,001) random computer-generated winning times, one for each Instant Win Game prize listed below, will be generated during the Promotion Period. If you are the first person to play the Instant Win Game at or after one (1) of the randomly generated winning times, you will be a potential winner of the prize indicated. If a potential winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential First, Second or Third Prize winner is disqualified for any reason, an alternate winner will be selected in a random drawing from all eligible entries received during the Promotion Period. Only three (3) alternate drawings will be held, after which the applicable prize will remain un-awarded. Unclaimed Fourth, Fifth and Sixth Prizes will not be awarded. Instant Win Game Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
7. Prizes.
a. Grand Prize Drawing: ONE (1) GRAND PRIZE: The prize for which an entrant is eligible depends on the Creative Presentation through which he/she entered. The Grand Prize for a winner who entered through this Creative Presentation will be a $10,000. Approximate Retail Value (“ARV”): $10,000. The odds of this Creative Presentation being selected depend on the total number of Creative Presentations. If this Creative Presentation is selected, the odds of winning depend on the number of entries received through this Creative Presentation.
b. Instant Win Game: ONE (1) FIRST PRIZE: Autographed John Mellencamp Guitar. ARV: $300. ONE (1) SECOND PRIZE: Autographed Lady GaGa CD and Poster. ARV: $50. ONE (1) THIRD PRIZE: Autographed Queen Latifah CD and CD Booklet. ARV: $50. TWENTY-FIVE (25) FOURTH PRIZES: $25 Famous Footwear gift card (terms and conditions apply). ARV: $25. FIFTY (50) FIFTH PRIZES: Two (2) Hollywood Movie Money tickets, awarded in the form of a digital code. ARV: $24. FORTY-SEVEN (47) SIXTH PRIZES: Full length CD by artists in the top 200 charts by Universal Music Group (artist determined by Famous Footwear in its sole discretion). ARV: $15.99. ONE THOUSAND EIGHT HUNDRED SEVENTY-SIX (1,876) SEVENTH PRIZES: Amplified.com Music Download, awarded in the form of a digital code. ARV: $0.90. Odds of winning an Instant Win Game Prize are based on the number of Instant Win Game Prizes available divided by the total number of plays during the Promotion Period. Limit: One (1) Instant Win Game Prize per person.
For all prizes: Sponsor and Administrator are not responsible for complaints or issues regarding codes (claims that code is invalid, insufficient, etc.) and winner should address any such issues with the issuer of the code. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsors, who reserve the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Sponsors will withhold and/or report taxes as required by the applicable law of Sponsors’ and/or Promoters’ jurisdiction and winner’s jurisdiction.
8. Publicity. Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsors’ use of winner’s name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsors reserve the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond their reasonable control impairs the integrity of the Promotion, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of this or any other Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsors’ or any Promoter’s Web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsors and Promoters reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release. By participating in this Promotion and/or receipt of any prize, winner agrees to release and hold harmless Sponsors, Promoters (including but not limited to Famous Footwear), their respective related companies, franchisees, and each of their respective officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize.
11. Limitations of Liability. Sponsors and Promoters (including but not limited to Famous Footwear), are not responsible for and entrant hereby releases Sponsors and Promoters (including but not limited to Famous Footwear) from any claims arising from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (6) 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 Promotion or from downloading any material from Sponsors’ or Promoters’ Web site(s), regardless of whether the material was prepared by any Sponsor, Promoter, or a third party, and regardless of whether the material is connected to a Sponsor’s or Promoter’s Web site by a hypertext link. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Grand Prize Drawing or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) 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 the entrant, Sponsors and Promoters in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Data Collection. Sponsors and Promoters collect personal information from you when you enter the Promotion. The information collected is subject to both the ePrize Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and the Promoter’s Privacy Policy (http://www.famousfootwear.com/content.aspx?contentid=PRIVACY).
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 31, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Request a list of winners" in the drop down.
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