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THE BAREFOOT CHALLENGE WINNER IS
SWEET PEAS
BOUTIQUE
BOUTIQUE
RECAP VIDEO
Check out the impact we made together last year! And you just might spot a few familiar faces...
THE PRIZE
Blake Mycoskie, TOMS Founder and Chief Shoe Giver, is planning on visiting the winning group for a private speaking engagement! Plus, you'll have a Surprise Fun Friday ‐ courtesy of TOMS.
TOMS BAREFOOT CHALLENGE
OFFICIAL RULES
UNITED STATES OF AMERICA AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC)
UNITED STATES OF AMERICA AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC)
- NO PURCHASE NECESSARY TO ENTER OR WIN.A purchase will not increase the chances of winning, and no purchase or payment of any kind is necessary in order to enter or win.
- CONTEST SPONSOR.The "TOMS Barefoot Challenge" (the "Contest") is sponsored and administered by TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, California 90066 (the "Sponsor").
- ELIGIBILITY.This Contest is open only to entrants who sign up at the online contest page and enter the Contest pursuant to these rules. The Contest is only open to permanent, legal residents of the United States of America and Canada (excluding the province of Quebec), who are eighteen (18) years of age or older at the time of entry. Employees of the Sponsor and its parent companies, affiliates, subsidiaries, distributors, advertising agencies, promotion fulfillment agencies and judging agencies ("Sponsor and its agents"), and the immediate families and household members of Sponsor and its agents are not eligible.
- HOW TO ENTER.Contest begins at 12:00 a.m. Pacific Standard Time (PST) on March 1, 2013, and ends at 11:59 p.m. PST on April 16, 2013. All entries must be received electronically by 11:59 p.m. PST on April 16, 2013 to be eligible. To enter, visit http://www.OneDayWithoutShoes.com/challenge, follow the instructions on the online entry form and enter your unique email address and organization or affiliation. To be eligible, you must complete and submit all requested information according to the instructions on the Contest entry page. There is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations. A full copy of these official rules is available through a hypertext link on the Contest-related page.
Entries that are incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the servers of the Sponsor or elsewhere, or any other error, including human error, will not be eligible. Limit one entry per person for the entire Contest. The one entry per person maximum will be strictly enforced. Forged entries, altered entries or entries obtained other than as set out in these rules will be void and ineligible. All entries become the exclusive property of Sponsor and will not be acknowledged. Information supplied by entrant will be subject to the privacy information published at http://www.toms.com/content.asp?tid=240. Entry must be made by the entrant only at the authorized website address of http://www.OneDayWithoutShoes.com/Challenge. Entries made by any other individual or any entity and/or originating at any other Internet website or e-mail address, including but not limited to commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared void and as such deemed ineligible for this Contest.
Sponsor may disqualify an entrant from the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs), intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives of Sponsor and its agents, or violating the current Terms of Use for the www.toms.com website, or that said entrant has or had attempted to submit malicious code, .exe files, or any file that contains malicious code. Sponsor further reserves the right to cancel, terminate, modify, or suspend the Contest if not capable of completion or running as planned, including by reason of infection by computer virus, bugs, tampering, fraud, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute regarding the identity of a proper entrant, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. - WINNER SELECTION AND ODDS OF WINNING.There will be three (3) winners for the entire Contest. The first place winner will be the entrant whose organization enrolls the most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The second place winner will be the entrant whose organization enrolls the second most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The third place winner will be the entrant whose organization enrolls the third most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. Winner selection will be made on or about April 17, 2013 and the selected winners will be notified via e-mail on or about April 18, 2013. Selection will be under supervision of Sponsor or its designee, whose decisions are final on all matters relating to the Contest. If a selected winner is a permanent legal resident of Canada, that selected winner must first correctly answer, without assistance of any kind, a mathematical skill-testing question to be administered by telephone or mail at a mutually convenient time, before that person will be declared the winner. If a selected winner cannot be reached by e-mail within ten (10) business days of Sponsor's first attempt to notify such winner, or if a selected winner is a permanent legal resident of Canada who failed to correctly answer a skill-testing question in the manner set forth above, such selected winner may be disqualified and an alternate winner will be selected from the remaining eligible entries by random drawing. Return of any notification as undeliverable may result in disqualification and selection of an alternate winner. Odds of winning depend on the number of eligible entries received. Winner will be subject to verification.
- GRAND PRIZES. Three (3) Grand Prizes (as defined herein) will be awarded for the entire Contest, and will consist of: (i) for the first place winner, a speech by Blake Mycoskie, at a date, time and location to be determined in Sponsor's sole and absolute discretion and a Fun Friday for the winning group including food and entertainment to be determined by Sponsor (the "First Place Grand Prize"); (ii) for the second place winner, a Style Your Sole session for up to 50 members of the winner's organization (chosen at random) by the host and winner and 50 One Day Without Shoes t-shirts (the "Second Place Grand Prize"); and (iii) for the third place winner, 50 copies of the Start Something That Matters book and a Start Something That Matters documentary screening for 50 members of the winning organization chosen by the winning organization (the "Third Place Grand Prize" and together with the First Place Grand Prize and the Second Place Grand Prize, the "Grand Prizes"). The Approximate Retail Value ("ARV") (i) for the First Place Grand Prize is $5,000; for the Second Place Grand Prize is $3000 and (iii) for the Third Place Grand Prize is $1,000. Actual value may vary. All expenses, including, without limitation, sales tax, luxury tax and any other costs or taxes incurred in claiming or using the Grand Prizes, are the sole responsibility of the respective winners. The Grand Prize winners are solely responsible for all federal, state, provincial and local taxes on their Grand Prizes and may be issued an IRS Form 1099 for the ARV of their awarded Grand Prizes. The Grand Prizes, or any portion thereof, are subject to availability and Sponsor in its sole discretion may substitute cash or a different prize of approximately equivalent or greater retail value except where prohibited by law. The Grand Prizes, and any portion thereof, are non-transferable, non-refundable for cash and non-changeable once issued. If a Grand Prize winner does not use any portion of their Grand Prize, no other compensation for the unused portion of the Grand Prize, in whole or in-part, will be provided. Any attempt by a Grand Prize winner to transfer or sell any portion of their Grand Prize shall immediately forfeit the entire Grand Prize, and such winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in its sole discretion. Sponsor or its agents shall not be responsible for delays in delivery of any portion of the Grand Prizes.
- CLAIMING GRAND PRIZES/RELEASES. Eligibility, age and all claims made by winner are subject to verification. Sponsor and its agents are not responsible for fraudulent calls/mail/e-mails made/sent to entrants that are not made/sent by Sponsor and its agents. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility, Liability/Publicity Release Form (except where prohibited by law), an IRS form W-9, and such other documents as may be required by Sponsor and its agents, within ten (10) business days of the date such documents are postmarked or e-mailed. Noncompliance within this time period may result in disqualification and an alternate potential winner may be selected. Winner may be required to produce a form of proper identification to claim the Grand Prize. If any selected potential winner fails to comply with these official rules, is found to be ineligible, is a permanent legal resident of Canada who failed to correctly answer a skill-testing question in the manner set forth in Paragraph 5 of these official rules, and/or does not submit required documentation within the designated period, their Grand Prize will be forfeited and an alternate winner selected. By accepting the Grand Prize, or any portion thereof, winner further acknowledges that the Sponsor and its agents 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 Grand Prize or to any portion thereof. If any Contest notifications are returned as undeliverable, or if any Grand Prize winner refuses their Grand Prize, or any portion thereof, such Grand Prize winner will be disqualified and an alternate winner may be selected in accordance with these official rules of the Contest.
- PUBLICITY AND CONSENT TO USE AFFIDAVIT. Except where prohibited, participation in this Contest constitutes each winner's consent to the use of his/her name, photographs and likeness for advertising, trade and promotional purposes by Sponsor and its agents in all media without additional compensation, notice, or approval. Potential winners may be required to complete, sign, have notarized and return a Liability/Publicity Release Form pursuant to Paragraph 7 of these official rules.
- TAXES. All taxes and other expenses not specified herein, including federal, state, provincial and local, are the sole responsibility of the winner. All federal, state, provincial and local laws and regulations apply.
- LEGAL. The Contest will be governed by all applicable federal, state, provincial and local laws. VOID WHERE PROHIBITED BY LAW. By participating, entrants agree to these official rules and the decisions of Sponsor and its agents, which are final and binding in all matters related to this Contest.
- GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Sponsor and its agents and each of their respective parent companies, subsidiaries, affiliates, and advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (individually and collectively "Releasees") are not responsible for: (a) incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered submissions of entries; (b) any damage to an entrant's or other person's computer system or other device which is caused or occasioned by accessing the Barefoot Challenge website, participating in the Contest or claiming the Grand Prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, devices, or wireless service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, device, e-mail or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any Contest or Grand Prize communication; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Contest; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Sponsor shall not be responsible to correspond with entrants. By participating in the Contest, each entrant hereby releases and agrees to hold the Releasees harmless from and against any and all claims, causes of action, costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Contest or participation in any Grand Prize-related activities, or the receipt, use or misuse of the Grand Prizes. Entrants waive the right to assert as a cost of winning the Grand Prize, any and all costs of verification and redemption or travel to claim said Grand Prize and any liability and publicity which might arise from claiming or seeking to claim said Grand Prize.
- OTHER LIMITATIONS OF LIABILITY. The Releasees shall not be liable for any claim or cause of action including, but not limited to, injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused by or contributed to (a) wrongful, negligent, or unauthorized act or omission on the part of any of Contest prize manufacturer, supplier or any of their agents, servants, employees, or independent contractors, (b) 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 granted under this Contest, even if caused by the negligence of any maker, distributor or supplier of any portion of any prize or their respective parents, subsidiaries, and affiliated companies.
- CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE ASSOCIATED WITH THIS CONTEST, SUBMIT MALICIOUS CODE, .EXE FILES, OR ANY FILE THAT CONTAINS MALICIOUS CODE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND REGULATIONS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL SPONSOR AND 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.
- DISPUTES. Entrant agrees that: (i) he/she will be bound by these official rules and by the decisions of the Sponsor and its agents; (ii) the Contest is conducted solely in English (with all English words and terms to be given their ordinary meaning); (iii) any and all disputes, claims and causes of action arising out of or connected with the Contest, or (iv) 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 Central District of California or the appropriate California Court located in Los Angeles County; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees. 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 and its agents in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- OFFICIAL RULES / WINNERS LIST. For a copy of the Official Rules or Winners List, send a stamped, self-addressed envelope to TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, CA 90066, Attn: "Barefoot Challenge" Official Rules/Winners List. Please specify Official Rules or Winners List or both. Residents of Vermont may omit postage. Winners list available after April 17, 2013 and will be published on the www.OneDayWithoutShoes.com/Challenge as of that date.
TOMS BAREFOOT CHALLENGE
OFFICIAL RULES
UNITED KINGDOM
UNITED KINGDOM
- NO PURCHASE NECESSARY TO ENTER OR WIN.A purchase will not increase the chances of winning, and no purchase or payment of any kind is necessary in order to enter or win.
- CONTEST SPONSOR.The "TOMS Barefoot Challenge" (the "Contest") is sponsored and administered by TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, California 90066 (the "Sponsor").[TOMS Shoes Inc.
- ELIGIBILITY.This Contest is open only to entrants who sign up at the online Contest page and enter the Contest pursuant to these rules. The Contest is only open to permanent, legal residents of the United Kingdom, who are eighteen (18) years of age or older at the time of entry. Employees of the Sponsor and its parent companies, affiliates, subsidiaries, distributors, advertising agencies, promotion fulfillment agencies and judging agencies ("Sponsor and its agents"), and the immediate families and household members of Sponsor and its agents are not eligible.
- HOW TO ENTER.Contest begins at 8:00 a.m. British Summer Time (BST) on March 1, 2013, and ends at 7:59 a.m. BST on April 17, 2013. All entries must be received electronically by 7:59 a.m. BST on April 17, 2013 to be eligible. To enter, visit http://www.OneDayWithoutShoes.com/challenge, follow the instructions on the online entry form and enter your unique email address and organization or affiliation. To be eligible, you must complete and submit all requested information according to the instructions on the Contest entry page. There is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations. A full copy of these official rules is available through a hypertext link on the Contest-related page.
Entries that are incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the servers of the Sponsor or elsewhere, or any other error, including human error, will not be eligible. Limit one entry per person for the entire Contest. The one entry per person maximum will be strictly enforced. Forged entries, altered entries or entries obtained other than as set out in these rules will be void and ineligible. All entries become the exclusive property of Sponsor and will not be acknowledged. Information supplied by entrant will be subject to the privacy information published at http://www.toms.com/content.asp?tid=240. Entry must be made by the entrant only at the authorized website address of http://www.OneDayWithoutShoes.com/Challenge. Entries made by any other individual or any entity and/or originating at any other Internet website or e-mail address, including but not limited to commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared void and as such deemed ineligible for this Contest.
Sponsor may disqualify an entrant from the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs), intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives of Sponsor and its agents, or violating the current Terms of Use for the www.toms.com website, or that said entrant has or had attempted to submit malicious code, .exe files, or any file that contains malicious code. Sponsor further reserves the right to cancel, terminate, modify, or suspend the Contest if not capable of completion or running as planned, including by reason of infection by computer virus, bugs, tampering, fraud, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute regarding the identity of a proper entrant, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. - WINNER SELECTION AND ODDS OF WINNING.There will be three (3) winners for the entire Contest. The first place winner will be the entrant whose organization enrolls the most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The second place winner will be the entrant whose organization enrolls the second most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The third place winner will be the entrant whose organization enrolls the third most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. Winner selection will be made on or about April 17, 2013 and the selected winners will be notified via e-mail on or about April 18, 2013. Selection will be under supervision of Sponsor or its designee, whose decisions are final on all matters relating to the Contest. If a selected winner is a permanent legal resident of Canada, that selected winner must first correctly answer, without assistance of any kind, a mathematical skill-testing question to be administered by telephone or mail at a mutually convenient time, before that person will be declared the winner. If a selected winner cannot be reached by e-mail within ten (10) business days of Sponsor's first attempt to notify such winner, or if a selected winner is a permanent legal resident of Canada who failed to correctly answer a skill-testing question in the manner set forth above, such selected winner may be disqualified and an alternate winner will be selected from the remaining eligible entries by random drawing. Return of any notification as undeliverable may result in disqualification and selection of an alternate winner. Odds of winning depend on the number of eligible entries received. Winner will be subject to verification.
- GRAND PRIZES. Three (3) Grand Prizes (as defined herein) will be awarded for the entire Contest, and will consist of: (i) for the first place winner, a speech by Blake Mycoskie, at a date, time and location to be determined in Sponsor's sole and absolute discretion and a Fun Friday for the winning group including food and entertainment to be determined by Sponsor (the "First Place Grand Prize"); (ii) for the second place winner, a Style Your Sole session for up to 50 members of the winner's organization (chosen at random) by the host and winner and 50 One Day Without Shoes t-shirts (the "Second Place Grand Prize"); and (iii) for the third place winner, 50 copies of the Start Something That Matters book and a Start Something That Matters documentary screening for 50 members of the winning organization chosen by the winning organization (the "Third Place Grand Prize" and together with the First Place Grand Prize and the Second Place Grand Prize, the "Grand Prizes"). All expenses, including, without limitation, sales tax, luxury tax and any other costs or taxes incurred in claiming or using the Grand Prizes, are the sole responsibility of the respective winners. The Grand Prize winners are solely responsible for all taxes payable in respect of the Grand Prize. The Grand Prizes, or any portion thereof, are subject to availability and Sponsor in its sole discretion may substitute cash or a different prize of approximately equivalent or greater retail value except where prohibited by law. The Grand Prizes, and any portion thereof, are non-transferable, non-refundable for cash and non-changeable once issued. If a Grand Prize winner does not use any portion of their Grand Prize, no other compensation for the unused portion of the Grand Prize, in whole or in-part, will be provided. Any attempt by a Grand Prize winner to transfer or sell any portion of their Grand Prize shall immediately forfeit the entire Grand Prize, and such winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in its sole discretion. Sponsor or its agents shall not be responsible for delays in delivery of any portion of the Grand Prizes.
- CLAIMING GRAND PRIZES/RELEASES. Eligibility, age and all claims made by winner are subject to verification. Sponsor and its agents are not responsible for fraudulent calls/mail/e-mails made/sent to entrants that are not made/sent by Sponsor and its agents. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility, Liability/Publicity Release Form (except where prohibited by law), and such other documents as may be required by Sponsor and its agents, within ten (10) business days of the date such documents are postmarked or e-mailed. Noncompliance within this time period may result in disqualification and an alternate potential winner may be selected. Winner may be required to produce a form of proper identification to claim the Grand Prize. If any selected potential winner fails to comply with these official rules, is found to be ineligible, is a permanent legal resident of Canada who failed to correctly answer a skill-testing question in the manner set forth in Paragraph 5 of these official rules, and/or does not submit required documentation within the designated period, their Grand Prize will be forfeited and an alternate winner selected. By accepting the Grand Prize, or any portion thereof, winner further acknowledges that the Sponsor and its agents 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 Grand Prize or to any portion thereof. If any Contest notifications are returned as undeliverable, or if any Grand Prize winner refuses their Grand Prize, or any portion thereof, such Grand Prize winner will be disqualified and an alternate winner may be selected in accordance with these official rules of the Contest.
- PUBLICITY AND CONSENT TO USE AFFIDAVIT. Except where prohibited, participation in this Contest constitutes each winner's express, freely given and informed consent to the use of his/her name, photographs and likeness for advertising, trade and promotional purposes by Sponsor and its agents in all media without additional compensation, notice, or approval. Potential winners may be required to complete, sign, have notarized and return a Liability/Publicity Release Form pursuant to Paragraph 7 of these official rules.
- LEGAL. The Contest and the Contest rules will be governed by and construed in accordance with the laws of England and Wales. By participating, entrants agree to these official rules and the decisions of Sponsor and its agents, which are final and binding in all matters related to this Contest.
- GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Sponsor and its agents and each of their respective parent companies, subsidiaries, affiliates, and advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (individually and collectively "Releasees") are not responsible for: (a) incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered submissions of entries; (b) any damage to an entrant's or other person's computer system or other device which is caused or occasioned by accessing the Barefoot Challenge website, participating in the Contest or claiming the Grand Prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, devices, or wireless service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, device, e-mail or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any Contest or Grand Prize communication; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Contest; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Sponsor shall not be responsible to correspond with entrants. By participating in the Contest, each entrant hereby releases and agrees to hold the Releasees harmless from and against any and all claims, causes of action, costs, injuries, losses or damages of any kind (other than death or personal injury resulting from the Releasees negligence or any fraudulent misrepresentations), due in whole or in part, directly or indirectly, to participation in the Contest or participation in any Grand Prize-related activities, or the receipt, use or misuse of the Grand Prizes. Entrants waive the right to assert as a cost of winning the Grand Prize, any and all costs of verification and redemption or travel to claim said Grand Prize and any liability and publicity which might arise from claiming or seeking to claim said Grand Prize.
- OTHER LIMITATIONS OF LIABILITY. Without prejudice to paragraph 10, the Releasees shall not be liable for any claim or cause of action including, but not limited to, injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused by or contributed to (a) wrongful, negligent, or unauthorized act or omission on the part of any of Contest prize manufacturer, supplier or any of their agents, servants, employees, or independent contractors, (b) 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 granted under this Contest, even if caused by the negligence of any maker, distributor or supplier of any portion of any prize or their respective parents, subsidiaries, and affiliated companies.
- CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE ASSOCIATED WITH THIS CONTEST, SUBMIT MALICIOUS CODE, .EXE FILES, OR ANY FILE THAT CONTAINS MALICIOUS CODE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND REGULATIONS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL SPONSOR AND 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.
- DISPUTES. Any dispute or claim arising out of or in connection with the Contest (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each entrant agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contest or its subject matter (including non-contractual disputes or claims).
- OFFICIAL RULES / WINNERS LIST. For a copy of the Official Rules or Winners List, send a stamped, self-addressed envelope to TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, CA 90066, Attn: "Barefoot Challenge" Official Rules/Winners List. Please specify Official Rules or Winners List or both. Residents of Vermont may omit postage. Winners list available after April 17, 2013 and will be published on the www.OneDayWithoutShoes.com/Challenge as of that date.
TOMS BAREFOOT CHALLENGE
OFFICIAL RULES
BELGIUM, LUXEMBOURG, the NETHERLANDS
BELGIUM, LUXEMBOURG, the NETHERLANDS
- NO PURCHASE NECESSARY TO ENTER OR WIN.A purchase will not increase the chances of winning, and no purchase or payment of any kind is necessary in order to enter or win.
- CONTEST SPONSOR.The "TOMS Barefoot Challenge" (the "Contest") is sponsored and administered by TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, California 90066 (the "Sponsor").
- ELIGIBILITY.This Contest is open only to entrants who sign up at the online Contest page and enter the Contest pursuant to these rules. The Contest is only open to permanent, legal residents of the Netherlands, Belgium and Luxembourg, who are eighteen (18) years of age or older at the time of entry. Employees of the Sponsor and its parent companies, affiliates, subsidiaries, distributors, advertising agencies, promotion fulfillment agencies and judging agencies ("Sponsor and its agents"), "), and the immediate families and household members of Sponsor and its agents are not eligible.
- HOW TO ENTER. Contest begins at 9:00 a.m. Greenwich Mean Time +1 (GMT+1) on March 1, 2013, and ends at 8:59 p.m. GMT+1 on April 17, 2013. All entries must be received electronically by 8:59 a.m. GMT+1 on April 17, 2013 to be eligible. To enter, visit http://www.OneDayWithoutShoes.com/challenge, follow the instructions on the online entry form and enter your unique email address and organization or affiliation. To be eligible, you must complete and submit all requested information according to the instructions on the Contest entry page. There is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations. A full copy of these official rules is available through a hypertext link on the Contest-related page.
Entries that are incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the servers of the Sponsor or elsewhere, or any other error, including human error, will not be eligible. Limit one entry per person for the entire Contest. The one entry per person maximum will be strictly enforced. Forged entries, altered entries or entries obtained other than as set out in these rules will be void and ineligible. All entries become the exclusive property of Sponsor and will not be acknowledged. Information supplied by entrant will be subject to the privacy information published at http://www.toms.com/content.asp?tid=240. Entry must be made by the entrant only at the authorized website address of http://www.OneDayWithoutShoes.com/Challenge. Entries made by any other individual or any entity and/or originating at any other Internet website or e-mail address, including but not limited to commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared void and as such deemed ineligible for this Contest.
Sponsor may disqualify an entrant from the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs), intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives of Sponsor and its agents, or violating the current Terms of Use for the www.toms.com website, or that said entrant has or had attempted to submit malicious code, .exe files, or any file that contains malicious code. Sponsor further reserves the right to cancel, terminate, modify, or suspend the Contest if not capable of completion or running as planned, including by reason of infection by computer virus, bugs, tampering, fraud, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute regarding the identity of a proper entrant, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. - WINNER SELECTION AND ODDS OF WINNING.There will be three (3) winners for the entire Contest. The first place winner will be the entrant whose organization enrolls the most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The second place winner will be the entrant whose organization enrolls the second most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. The third place winner will be the entrant whose organization enrolls the third most registered participants in One Day Without Shoes, as determined by Sponsor in its sole and absolute discretion. Winner selection will be made on or about April 17, 2013 and the selected winners will be notified via e-mail on or about April 18, 2013. Selection will be under supervision of Sponsor or its designee, whose decisions are final on all matters relating to the Contest. If a selected winner cannot be reached by e-mail within ten (10) business days of Sponsor's first attempt to notify such winner, such selected winner may be disqualified and an alternate winner will be selected from the remaining eligible entries by random drawing. Return of any notification as undeliverable may result in disqualification and selection of an alternate winner. Winner will be subject to verification.
- GRAND PRIZES. Three (3) Grand Prizes (as defined herein) will be awarded for the entire Contest, and will consist of: (i) for the first place winner, a speech by Blake Mycoskie, at a date, time and location to be determined in Sponsor's sole and absolute discretion and a Fun Friday for the winning group including food and entertainment to be determined by Sponsor (the "First Place Grand Prize"); (ii) for the second place winner, a Style Your Sole session for up to 50 members of the winner's organization (chosen at random) by the host and winner and 50 One Day Without Shoes t-shirts (the "Second Place Grand Prize"); and (iii) for the third place winner, 50 copies of the Start Something That Matters book and a Start Something That Matters documentary screening for 50 members of the winning organization chosen by the winning organization (the "Third Place Grand Prize" and together with the First Place Grand Prize and the Second Place Grand Prize, the "Grand Prizes"). All expenses, including, without limitation, sales tax, luxury tax and any other costs or taxes incurred in claiming or using the Grand Prizes, are the sole responsibility of the respective winners. The Grand Prize winners are solely responsible for all taxes payable in respect of the Grand Prize. The Grand Prizes, or any portion thereof, are subject to availability and Sponsor in its sole discretion may substitute cash or a different prize of approximately equivalent or greater retail value except where prohibited by law. The Grand Prizes, and any portion thereof, are non-transferable, non-refundable for cash and non-changeable once issued. If a Grand Prize winner does not use any portion of their Grand Prize, no other compensation for the unused portion of the Grand Prize, in whole or in-part, will be provided. Any attempt by a Grand Prize winner to transfer or sell any portion of their Grand Prize shall immediately forfeit the entire Grand Prize, and such winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in its sole discretion. Sponsor or its agents shall not be responsible for delays in delivery of any portion of the Grand Prizes.
- CLAIMING GRAND PRIZES/RELEASES. Eligibility, age and all claims made by winner are subject to verification. Sponsor and its agents are not responsible for fraudulent calls/mail/e-mails made/sent to entrants that are not made/sent by Sponsor and its agents. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility, Liability/Publicity Release Form (except where prohibited by law), and such other documents as may be required by Sponsor and its agents, within ten (10) business days of the date such documents are postmarked or e-mailed. Noncompliance within this time period may result in disqualification and an alternate potential winner may be selected. Winner may be required to produce a form of proper identification to claim the Grand Prize. If any selected potential winner fails to comply with these official rules, is found to be ineligible, and/or does not submit required documentation within the designated period, their Grand Prize will be forfeited and an alternate winner selected. By accepting the Grand Prize, or any portion thereof, winner further acknowledges that the Sponsor and its agents 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 Grand Prize or to any portion thereof. If any Contest notifications are returned as undeliverable, or if any Grand Prize winner refuses their Grand Prize, or any portion thereof, such Grand Prize winner will be disqualified and an alternate winner may be selected in accordance with these official rules of the Contest.
- PUBLICITY AND CONSENT TO USE AFFIDAVIT. Except where prohibited, participation in this Contest constitutes each winner's express, freely given and informed consent to the use of his/her name, photographs and likeness for advertising, trade and promotional purposes by Sponsor and its agents in all media without additional compensation, notice, or approval.
- LEGAL. The Contest and the Contest rules will be governed by and construed in accordance with the laws of England and Wales. By participating, entrants agree to these official rules and the decisions of Sponsor and its agents, which are final and binding in all matters related to this Contest.
- GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Sponsor and its agents and each of their respective parent companies, subsidiaries, affiliates, and advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (individually and collectively "Releasees") are not responsible for: (a) incomplete, incorrect, illegible, garbled, misdirected, late, lost, damaged, stolen, or non-delivered submissions of entries; (b) any damage to an entrant's or other person's computer system or other device which is caused or occasioned by accessing the Barefoot Challenge website, participating in the Contest or claiming the Grand Prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, devices, or wireless service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, device, e-mail or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any Contest or Grand Prize communication; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Contest; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Sponsor shall not be responsible to correspond with entrants. By participating in the Contest, each entrant hereby releases and agrees to hold the Releasees harmless from and against any and all claims, causes of action, costs, injuries, losses or damages of any kind (other than death or personal injury resulting from the Releasees negligence or any fraudulent misrepresentations), due in whole or in part, directly or indirectly, to participation in the Contest or participation in any Grand Prize-related activities, or the receipt, use or misuse of the Grand Prizes. Entrants waive the right to assert as a cost of winning the Grand Prize, any and all costs of verification and redemption or travel to claim said Grand Prize and any liability and publicity which might arise from claiming or seeking to claim said Grand Prize.
- OTHER LIMITATIONS OF LIABILITY. Without prejudice to paragraph 10, the Releasees shall not be liable for any claim or cause of action including, but not limited to, injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused by or contributed to (a) wrongful, negligent, or unauthorized act or omission on the part of any of Contest prize manufacturer, supplier or any of their agents, servants, employees, or independent contractors, (b) 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 granted under this Contest, even if caused by the negligence of any maker, distributor or supplier of any portion of any prize or their respective parents, subsidiaries, and affiliated companies.
- CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE ASSOCIATED WITH THIS CONTEST, SUBMIT MALICIOUS CODE, .EXE FILES, OR ANY FILE THAT CONTAINS MALICIOUS CODE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND REGULATIONS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL SPONSOR AND 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.
- DISPUTES. Any dispute or claim arising out of or in connection with the Contest (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each entrant agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contest or its subject matter (including non-contractual disputes or claims).
- OFFICIAL RULES / WINNERS LIST. For a copy of the Official Rules or Winners List, send a stamped, self-addressed envelope to TOMS Shoes Inc., 5404 Jandy Place, Los Angeles, CA 90066, Attn: "Barefoot Challenge" Official Rules/Winners List. Please specify Official Rules or Winners List or both. Residents of Vermont may omit postage. Winners list available after April 17, 2013 and will be published on the www.OneDayWithoutShoes.com/Challenge as of that date.