NB1 Weekly Design Contest
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: NB1 Weekly Design Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least fourteen (14) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. If the entrant is under the age of majority in his or her jurisdiction at the time of entry, he or she may only enter with the approval of a parent or guardian. Employees of New Balance Athletic Shoe, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: New Balance Athletic Shoe, Inc., 20 Guest Street, Boston, MA, 02135.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on September 28, 2015 at 12:00 a.m. Eastern Time ("ET"), ends on November 22, 2015 at 11:59 p.m. ET (the "Contest Period") and consists of eight (8) weekly entry periods (each a "Weekly Entry Period") as set forth in the chart below:
|Weekly Entry Period||Starts at 12:00 a.m. ET||Ends at 11:59 p.m. ET||Approximate Winner Notification Date|
|1||September 28, 2015||October 4, 2015||October 5, 2015|
|2||October 5, 2015||October 11, 2015||October 12, 2015|
|3||October 12, 2015||October 18, 2015||October 19, 2015|
|4||October 19, 2015||October 25, 2015||October 26, 2015|
|5||October 26, 2015||November 1, 2015||November 2, 2015|
|6||November 2, 2015||November 8, 2015||November 9, 2015|
|7||November 9, 2015||November 15, 2015||November 16, 2015|
|8||November 16, 2015||November 22, 2015||November 23, 2015|
Instagram, LLC's computer is the official time-keeping device for the Contest.
5. How to Enter: You will need to use your Instagram account. Creating an Instagram account is free, but is subject to the terms and conditions (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on your Instagram account that you use to enter must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor.
Create a Contest submission by visiting www.newbalance.com/nb1 and creating a custom shoe. Post at least one (1) image of your custom shoe on Instagram along with the hashtag #NB1DesignContest. The image(s) posted to Instagram will herein be referred to as your "Submission".
By posting your Submission to Instagram, you agree that your Submission conforms to the Content Restrictions as defined below and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Content Restrictions or is otherwise unlawful or not in compliance with these Official Rules.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Submission should not identify other individuals unless entrant has permission from the individual identified. If requested entrant must be able to provide evidence of such permission n a form acceptable to Sponsor;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may post one (1) Submission per day. Odds of winning are affected by the number of eligible entries received by Sponsor by the end of each Weekly Entry Period. Submissions received from any person or Instagram account in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. By posting a Submission to Instagram, each entrant hereby grants to Sponsor, its affiliates, licensees and agents a royalty-free, fully paid up, irrevocable, perpetual, non-exclusive, sublicenseable (indirectly and directly, through multiple tiers) and transferable license to use, reproduce, modify, publish, distribute, create derivative works from, display and otherwise exploit such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to Sponsor to use the Submission. Under no circumstances will Sponsor or any other third party licensed above be required to treat such Submission as confidential. Sponsor will be entitled to use the content in accordance with this Section without permission from or compensation to the entrant or any other person. For the avoidance of doubt, Sponsor will not be liable to any entrant or any other person for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from any Submission and will not incur any liability as a result of any similarities to the Submission that may appear in any future products or services of Sponsor.
Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the Instagram account used to register will be deemed to be the entrant and must comply with these Official Rules. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: At the conclusion of each Weekly Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) entrant with the highest-scoring Submission (the potential winner) from among all eligible Submissions received during that Weekly Entry Period (non-winning entries from previous Weekly Entry Periods will not be included in future Weekly Entry Period judging) based on the following criteria (“Judging Criteria”):
- Creativity/Originality (33%);
- Coherent Use of Color (33%); and
- Design Theme/Inspiration (34%)
In the event of a tie, the entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, in their sole discretion, will be deemed the potential winner. Entrants will only be eligible to win one (1) Contest prize and will not be considered to win a prize for subsequent Weekly Entry Periods after having won in a previous Weekly Entry Period.
7. Winner Requirements: Potential winners will be notified by Sponsor through a comment on the entrant's Contest Instagram post and an Instagram Direct Message on or around the dates set forth in the chart in Section 4. Potential winners must follow prize claim instructions within the stated time frame, or prize will be forfeited in its entirety. Except where prohibited, each potential winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration"), which must be received by Sponsor within three (3) days of the date notice or attempted notice is sent in order to claim their prize. If a potential winner fails to execute and return the Declaration within the required time period, fails to provide any requested information within the required time period, or the prize or notification is returned as undeliverable, the potential winner will be disqualified and forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner hereby irrevocably grants, transfers, conveys and assigns to Sponsor the entirety of the rights in and to the Submission, including all intellectual property rights related thereto, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner indemnifies Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules. Prizes will be fulfilled at least 8 – 10 weeks after winner confirmation.
8. Prizes: EIGHT (8) GRAND PRIZES (awarded one (1) per Weekly Entry Period): A custom, winner designed pair of NB1 running shoes (fulfilled as a digital code). Approximate Retail Value of each pair of running shoes: $160- $200, depending on the shoe selected by winner. Total Approximate Retail Value of all prizes: $1,280-1,600.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
9. Release: By receipt of any prize, winners hereby release and hold harmless the Sponsor, Instagram, LLC, HelloWorld, Inc. and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize 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 Contest, 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, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, 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.
14. Winner List: For a winner list, visit www.newbalance.com/nb1designcontest. The winner list will be posted after winner confirmation is complete and will be available for ninety (90) days thereafter.
© 2015 HelloWorld, Inc. All rights reserved.
This promotion is in no way sponsored, endorsed, administered by, or associated with, Instagram.