NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
Participation in the Break the Rules Competition (the “Promotion”) is deemed acceptance of these terms and conditions (the “Terms”).
The promoter of the Promotion is SCHUTZ USA of 595 Madison Avenue, New York, NY 10022 (“SCHUTZ”).
Entry is only open to residents of the United Stated of America who are 18 years of age or older (“Participant” or “you”). Officers, directors and employees of SCHUTZ, their immediate family members and persons living in the same household or any of SCHUTZ’ associated companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are ineligible to enter. By participating in the Promotion, you warrant that you are eligible to participate.
PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable international, federal, state, provincial/territorial and local laws, rules, ordinances, statutes, court decisions and regulations (“Laws”).
The Promotion will begin at 9:00am EDT on Monday, September 17, 2018, and will conclude at 11:59pm EDT on Friday, October 26, 2018 (the “Promotional Period”).
To enter the Promotion, eligible Participants must:
1. Create an original photo or video showing SCHUTZ shoes and share such photo or video on your Instagram profile (Instagram story entries are not valid).
2. Tag @schutzshoes and #BECAUSESCHUTZ #SCHUTZBREAKTHERULES.
3. If you do not already, follow @schutzshoes on Instagram (together with a) and b), an “Entry”).
4. Ensure that your Instagram account is set to public. Entries submitted by private accounts will not be considered.
Unlimited Entries per Participant permitted.
Entries must be the original work created and solely owned by the Participant. Entries must not:
Violate any applicable Laws and/or third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity. Participants who choose to include people in their Entry are responsible for obtaining the necessary releases and permissions from the individual(s) depicted, and must be able to provide copies of them to the SCHUTZ upon request;
Contain any information capable of identifying any individual depicted including, without limitation, first and last name, social security number, or physical address;
Prominently feature any trademarks or logos;
Contain any watermarks, signatures, URLs, names or any other text additions;
Depict any risky, unlawful or offensive behavior or contain images that are obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with Instagram’s editorial standards; and
Have been entered in any other contest or have been previously published or distributed for commercial use by any means and in any form or media.
SCHUTZ takes no responsibility for late, lost or misdirected entries due to trade disruptions, human error, or for any other reason. Incomplete, illegible or incomprehensible entries will be deemed invalid.
Chance plays no part in the selection of the Winner(s). SCHUTZ personnel will judge Entries based 100% on their creativity and originality. The judges’ decision is final. An individual Participant’s odds of winning depend on (i) the number of eligible Entries received by SCHUTZ, and (ii) the skills of each Participant.
The prize consists of five (5) pairs of shoes and is valued at a maximum total of USD$1000 (the “Prize”). This estimated Prize value is the recommended retail value at the time of publication of these Terms. SCHUTZ is not responsible for any variation in the value of the Prize.
One (1) winner (the “Winner”) will be selected in accordance with these Terms by SCHUTZ by 5:00pm EDT Monday, October 29, 2018, after the Promotional Period, at 595 Madison Avenue, New York, NY 10022 (the “Selection”).
The Winner will be notified via Instagram within one (1) business day of the Selection.
SCHUTZ will hold the Prize for the Winner for up to three (3) months after the Selection, during which time, SCHUTZ will make reasonable efforts to contact the Winner. SCHUTZ is in no way responsible, and shall not be liable, for late, lost, misdirected, or unsuccessful efforts to notify the Winner. Should the Winner not claim the Prize within that time, SCHUTZ will conduct an unclaimed prize selection (the “Unclaimed Prize Selection”) at 10.00am EST on January 29, 2019, at the same location as the Selection. The Unclaimed Prize Selection winner (the “Unclaimed Prize Winner” and collectively with the Winner, the “Winners”) will be contacted via Instagram within one (1) business day of the Unclaimed Prize Selection. SCHUTZ will hold the Prize for the Unclaimed Prize Winner for one (1) month after the Unclaimed Prize Selection. If, at that time, the Prize remains unclaimed, the Promotion will terminate and the Prize will be deemed the sole property of SCHUTZ. In no instance shall the Promotion remain in effect after March 1, 2019 (the “Termination Date”).
The Prize must be taken as offered, is not exchangeable or transferrable and cannot be redeemed for cash. In the event that, for any reason whatsoever, the Winners do not accept or take the Prize stipulated by SCHUTZ, then the Prize will be forfeited by the Winners.
SCHUTZ reserves the right to verify the validity of any Entry and eligibility of Participants (including proof of identity, age and residency). SCHUTZ may, in its sole discretion, disqualify any Entry which in the opinion of SCHUTZ includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, or disqualify any Participant who tampers with the entry process, submits an Entry that is not in accordance with these Terms, or who has, in SCHUTZ’ opinion, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion, SCHUTZ or any of its affiliates.
Any costs or expenses relating to the Promotion, the Prize or the redemption of the Prize are the responsibility of the Winners. All taxes, gratuities, and unspecified expenses associated with or incurred as a result of receipt and/or redemption of Prize are the sole responsibility of the Winners and SCHUTZ may issue a U.S. IRS Tax Form 1099 to that effect. Winners will be solely responsible for remitting any and all taxes specified on that form.
Participant acknowledges and agrees that his or her participation in the Promotion and, if applicable, his or her redemption of the Prize, is undertaken voluntarily and entirely at his or her own risk and Participant agrees to assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown to Participant at the time.
Without limiting the foregoing, Participant forever waives, releases and agrees to hold harmless SCHUTZ, its subsidiaries, parent companies, affiliates, service providers, suppliers, and distributors and their respective officers, directors, employees, contractors, agents and representatives (together, the “Releasees”) from any and all claims, suits, liability, causes of action, losses, direct, indirect, or consequential damages and costs (“Claims”), including, without limitation, Claims (a) for damage, personal injury and/or death which is suffered or sustained (whether or not arising from Releasees’ negligence), or (b) based on publicity rights, copyright infringement, trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery, in connection with participation in the Promotion or accepting or utilising the Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
FOR RESIDENTS OF THE STATE OF CALIFORNIA: You acknowledge and agree that your release and waiver extends to the following, the protections of which you explicitly waive: California Civil Code Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Participant specifically acknowledges and agrees that the foregoing waiver extends to Claims that are both known and unknown to Participant at the time the events giving rise to the Claim occur and includes Claims arising out of the negligence of Releasees.
By entering the Promotion, Participant acknowledges that they:
Irrevocably grant SCHUTZ the unconditional and perpetual (non-exclusive) right, license and permission to reproduce, store, copy, transmit, publish, post, broadcast, display, modify, create derivative works of, exhibit, sell, lease, and otherwise use their Entry to the Promotion, as-is or as-edited (with or without attribution to Participant) in any media now known or hereafter developed throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from Participant or any other party as to such use(s), including any such use for which SCHUTZ benefits financially, whether directly or indirectly;
Forever waive any rights, including publicity and moral rights in any Entry, that may preclude SCHUTZ’ use of that Entry, or the requirement for any further permission for SCHUTZ to use the Entry; and
Agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit, and to fully and forever waive the same against SCHUTZ on the grounds that any use of the Entry, or any derivative works, infringes any of Participant’s rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
Participant specifically acknowledges and agrees that the foregoing license and permission includes (i) posting of photos that may differ from the Entry submitted by Participant but derived from that Entry, including the fact that Entries may not be viewable at all times, due to formatting adjustments, including computer hardware, software, systems, Internet and/or process-based protocols, disruptions, limitations, malfunctions, errors or other causes, and (ii) display of Entries in any pattern, form, frequency, sequence and/or format as SCHUTZ may elect in their sole discretion.
At its sole discretion, SCHUTZ may request, and Participant agrees to provide, a photograph of the Winner(s) wearing the Prize (a “Photo”). All representations, warrants and waivers agreed to by Participant herein apply to any and all Photos submitted to SCHUTZ by Participant.
Without limiting any of the foregoing, Entries may (i) be posted on SCHUTZ’ websites, as well as on any other social media account, including but not limited to, Instagram, Twitter, Facebook and Pinterest maintained by SCHUTZ, and (ii) used by SCHUTZ to create hard-copy materials, including books, calendars, brochures and other printed materials.
By entering the Promotion, Participant grants SCHUTZ an irrevocable, royalty-free, worldwide right and license to use, including display publicly, their personal details, including but not limited to, their names, social media names and city, state and region for the purpose of conducting the Promotion and any other promotional purposes, or as otherwise required by these Terms or by Laws in any medium whatsoever without additional permission or compensation. A request to access, update or correct any information should be directed to SCHUTZ at the address set out above.
In the event of the intervention of any outside agent or occurrence that changes the result or prevents or hinders its determination, including but not limited to computer virus, technical failures of any kind, data errors, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest and strikes, SCHUTZ disclaims all liability and may in its absolute discretion cancel the Promotion and/or any Prize announcement or delivery and recommence or not recommence it at a later date.
For a list of the first initial and last name of any Winners, please send an email or self-addressed stamped envelope to the address listed above within thirty (30) days after the Termination Date. Requests received after that time will not be fulfilled.
All applicable Laws apply to Participant’s participation in the Promotion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participant and SCHUTZ in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York in the United States without giving effect to any choice of law or conflict of law principles.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms are determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. SCHUTZ’ failure to enforce any provision of these Terms will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms.
By participating in this Promotion you grant SCHUTZ the right to use any personal information provided by you for the purpose of promoting or otherwise conducting this Promotion.
SCHUTZ reserves the right to amend these Terms & Conditions from time to time without prior notice. Austrian law applies to these Terms & Conditions.
Our Website and its content are property owned by SCHUTZ and protected by copyrights, trademarks and/or other intellectual property rights.
Our Website is deemed for purposes of information and marketing, and is solely intended for private and non-commercial use. Any other use of our Website and/or its content – including but not limited to the trade name and mark SCHUTZ, the SCHUTZ logo, and all other SCHUTZ trademarks, designs, photographs, images, illustrations, text, video clips, audio clips, trade dress, and other materials contained in our Website, as well as the software used in our Website, whether registered or unregistered – without prior written authorization of SCHUTZ is prohibited. In particular, the commercial reproduction, publication, transfer, distribution, removal, deletion, amendment, or any other modification of our Website and/or its content, will be considered prohibited use and will entail cease and desist claims and/or claims for damages and/or compensation and/or criminal prosecution. Download or reproduction of content of our Website will not result in any transfer of right, title or interest.
The products displayed on our Website are representative of our SCHUTZ collection. Not all SCHUTZ products will be presented on this Website. Not all SCHUTZ products will be available in every SCHUTZ Store. Style, designs, and colors of SCHUTZ products on display on our Website may vary from the actual SCHUTZ products.
Our Website may contain inaccuracies or typographical errors. SCHUTZ is neither liable for any inaccuracies nor errors, any loss or damage caused by or arising from any user‘s reliance on information obtained from our Website. Any use of this Website is exclusively at the user‘s sole risk.
Our Website and its content are provided on an „as is“ and „as available“ basis.SCHUTZ makes no express or implied representations or warranties of any kind, including, but not limited to, warranties of title or freedom from malicious software or applications (such as viruses, worms or Trojan horses), third party‘s rights, or implied warranties of merchantability or fitness for a particular purpose, with respect to our Website or its content, and expressly disclaims any representations and warranties. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranties may not apply.
Our Website may contain links to other websites. SCHUTZ is not responsible or liable for the availability of, or any content or material contained in, or obtained through, any such websites.