earth®'s 2023 Collection Launch Sweepstakes Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. ELIGIBILITY: earth®'s 2023 Collection Launch Sweepstakes ("Sweepstakes") is open to persons who are legal residents of, and physically located within the 50 United States or D.C., and are eighteen (18) years of age or older at time of entry. Void where prohibited. All federal, state and local laws and regulations apply. Employees of Marc Fisher Footwear, and its affiliates, subsidiaries and advertising and promotional agencies, judges and the immediate family members (herein, defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person's household, whether related or not) of each as well as the employees of any Sweepstakes administrator identified at the end of these Official Rules ("Administrator"), or of any company affiliated with the Sweepstakes and collectively with the foregoing persons or entities ("Sweepstakes Entities"), are not eligible to participate. No purchase or payment of any kind is necessary to enter or claim prize. A purchase does not increase your chances of winning.
2. ENTRY PERIOD: Sweepstakes begins at 10:00 AM Eastern Standard Time ("EST") on March 15, 2023, and ends at 11:59PM EST on March 22, 2023 ("Sweepstakes Entry Period").
3. HOW TO ENTER: There is one (1) method of entry: the Online Method of Entry Method of Entry outlined below. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the email address associated with the winning entry. The "Authorized Account Holder" is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
4. ONLINE METHOD OF ENTRY: During the Sweepstakes Entry Period, eligible participants can enter the Sweepstakes on a post from @earthshoesusa https://www.instagram.com/earthshoesusa ("Instagram") OR @EarthShoesUSA https://www.facebook.com/EarthShoesUSA/ (“Facebook”). To enter, Participants must follow @earthshoesusa’s official brand page on Instagram and @earth_shoes’s official brand page on TikTok and follow the sweepstakes post instructions.
5. ENTRY ERRORS. Sponsors are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries or information. Sponsors are not responsible if online service is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information, or (6) any printing or typographical errors. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes.
6. PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV"): 1 Prize ("Prize") will be awarded in total. The prize is one pair of earth® shoes. The total ARV of the prize awarded is less than $300. Prizes may not be exchanged, returned, substituted or transferred. Odds of winning will depend on the number of eligible entries received. Winners must be of the age of majority in his/her state of residence, or if any Winner is under the age of majority in his/her state of residence (a "Minor"), his/her Prize may be awarded to his/her parent or legal guardian ("Parent"). Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Any applicable taxes and all other costs/expenses not specifically identified in these Official Rules are the sole responsibility of each Winner. Limit: one Prize per person per household. The Sweepstakes Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to any Prize. Prizes are non transferable, and no substitutions or cash redemptions will be made, other than as provided herein. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. If Gift Cards are awarded as a substitute prize, they are subject to the terms and conditions on the Gift Card.
7. RANDOM DRAWING AND NOTIFICATION: The Winners will be selected at random no later than March 27th, 2023. earth® will communicate the result of the sweepstakes no later than March 31st, 2023. The Potential Winner need not be present to win but they must be following @earthshoesusa on Instagram and @earth_shoes on TikTok at the time of the drawing, and will be contacted through a message on Instagram. Winners may be required to sign an affidavit of eligibility and a liability and publicity release ("Affidavit") at Sponsor or Administrator's discretion before they are confirmed as Winners. Should this be the case, the Potential Winners must return the completed Affidavit within five (5) business days from the date of notification or the Prize will be forfeited and awarded to an alternate winner selected at random. Once each Potential Winner's eligibility is verified, he/she will be confirmed as a winner ("Winner"). Prizes will be sent to the Winners within thirty (30) days from the date the Winners are confirmed.
9. GENERAL: Entrants must have a valid email address, and it is Entrant's responsibility to update Sponsor of any change in email address. By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator on all matters relating to the Sweepstakes, which are final and binding. The Winners are solely responsible for all local, state and federal taxes on the Prizes, including sales or use taxes, as well as any expenses related to participation in the Sweepstakes or acceptance of their Prize. By participating, each Entrant agrees to, releases and holds the Sweepstakes Entities and their respective divisions, affiliates, subsidiaries, officers, directors, employees, agents and representatives (collectively "Releases") harmless from any injury, loss or damage to person, including death, personal injury or loss or damage to property due in whole or in part, directly or indirectly to the acceptance or use/misuse of a Prize, participation in any Sweepstakes-related activity or participation in the Sweepstakes. Entrants also accept and agree to be bound by the Official Rules and decisions of the Sponsor and Administrator, which are final and binding. This Sweepstakes is subject to all federal, state and local laws and is void where prohibited. By accepting a Prize, each Winner agrees, where imposing such condition is legal, that Sponsor and their designees shall have the right, but not the obligation, to use of his/her name, city and state of residence and/or likeness for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will confirm consent to such use in writing. Sponsor and Administrator are not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of Winners and Prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes as planned is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity or any federal, state or local government law, order or regulation, order of any court or jurisdiction (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes and award each Prize from among all eligible Entries received up to that date. All disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the rules or any Prize awarded shall be resolved by applying the laws of the State of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state. All Claims shall be resolved individually, without resort to any form of class action, and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives all rights to have damages multiplied or otherwise increased.
10. SPONSOR/ADMINISTRATOR: Marc Fisher Footwear, Inc., earth® Marketing, 777 West Putnam Ave, Greenwich, CT 06830 ("Sponsor"), whose decisions are final and binding as to all aspects of this Sweepstakes. Instagram, Facebook, Twitter, et al. are neither a Sponsor or Administrator of this Sweepstake.
11. WINNERS' LIST: For the names of the Winners, send a self-addressed stamped envelope on or before March 31st, 2023 to: Marc Fisher Footwear, Inc., earth® Marketing, 777 West Putnam Ave, Greenwich, CT 06830