No purchase necessary. A purchase will not improve your ability to win. Internet access and a valid email address required to enter online. Each winner (“Winner”) may be required to participate in the prize fulfillment process and sign documentation, such as a release, as more fully detailed below. By participating, you agree to these Official Rules, which are a contract. Without limitation, this contract includes indemnities to the Sponsor (defined below) from you and a limitation of your rights and remedies.
The Anarchy Eyewear®: #waxandwheels Contest (the “Contest”) is open only to legal residents of the fifty (50) United States or District of Columbia who are eighteen (18) years of age and older (or the age of majority in the entrant’s jurisdiction, if older) as of the start date of the Contest. Contest is void elsewhere and where prohibited or restricted by law.
Multiple entries are allowed, provided each entry contains a different image (as defined below) and an entrant can only win once. Winners will be chosen based on evaluation of Criteria (defined below). FGX International Inc. (“Sponsor”) is not responsible for any technical error due to image quality. Entries not in conformance with these Official Rules will be disqualified.
Employees of Sponsor and all of its advertising/promotion/internet agencies associated with this Contest (collectively, “Sponsor and Related Parties”) and all such employees’ immediate family members (defined as spouse, child, parent, sibling; whether biological, adopted, “step” or in-law, regardless of where they reside) and/or those living in the same household of each are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.
Entry into Contest begins at 12:00:00 a.m. Eastern Time on April 1, 2015 and ends at 11:59:59 p.m. Eastern Time on December 31, 2015 (the “Contest Period”). During the Contest Period, there will be nine (9) contest entry periods, each commencing on the first day of each calendar month and concluding on the last day of each calendar month (each an “Entry Period”). For example, the first Entry Period will begin on April 1, 2015 and conclude on April 30, 2015, and the last Entry Period will begin on December 1, 2015 and conclude December 31, 2015. Each Winner will be determined by Sponsor’s judging following the close of each Entry Period. Sponsor reserves the right, in its sole discretion, to remove or disqualify any Entry which Sponsor determines to be ineligible for any reason.
During an Entry Period, the eligible entrant (“Entrant”) must submit an original image of themselves riding a skateboard, surfboard, snowboard, wakeboard, kneeboard, water skis or snow skis, while “catching air” off the ground or surface of the water. All images can be submitted through the Anarchy Eyewear Facebook page (www.facebook.com/anarchyeyewear), the Anarchy Eyewear Instagram page (www.anarchyeyewear.com/instagram), or the Anarchy Eyewear Twitter page (www.twitter.com/anarchyeyewear) tagging their original photo with hashtag #waxandwheels. The entry shall be referred to herein as an “Entry.” Before entering the Contest, any “Photos Are Private” option in Entrant’s Facebook, Instagram and/or Twitter account setting must be turned to “off.” All Entries must be received by 11:59:59 p.m. Eastern Time on the last day of the applicable Entry Period to qualify. Multiple entries may be submitted, as long as each image is different. An image submitted in a prior Entry Period will not be eligible for subsequent Entry Periods. Entries may only be submitted by a single user; group entries are not permitted. Images must be uploaded in accordance with the applicable Facebook, Instagram, and/or Twitter terms and conditions. By participating in this Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Contest. This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Facebook, Instagram or Twitter. You are submitting your Entry to Sponsor.
All Entries must conform to the following:
The image must be suitable for general audiences and must not contain any of the following content: (i) defamatory words or statements, including words or symbols that are considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation, or socioeconomic group; (ii) any lewd or sexually explicit suggestive content; (iii) any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe, or dangerous behavior, activities or situations; (iv) threats to any person, place, business or group; (v) profanity or obscenity; (vi) anything that would disparage or offend persons or organizations associated with Sponsor; (vii) anything which incites or encourages behavior or acts that are wrongful or immoral; or (viii) anything that violates federal, state or local laws and regulation.
Discretion to Disqualify. Sponsor reserves the right, in its sole discretion, and at any time during the Contest, to disqualify any image that, in its sole opinion, does not comply with these requirements or these Official Rules.
By submitting an image, Entrant represents and warrants that the image does not contain any third party copyrighted or proprietary material (including but not limited to literary works of any person other than the Entrant, corporate names, trademarks, slogans, or lyrics) or otherwise infringe on the intellectual property or other rights of a third party. Entrant shall indemnify Sponsor for costs relating to Entrant’s alleged use of any third party’s copyrighted or proprietary material as more fully described in Section 11.
Beginning at 12:00:00 a.m. Eastern Time on the first day after the conclusion of each Entry Period (the first of which beings May 1, 2015), all eligible Entries for the applicable Entry Period will be judged by Sponsor or Sponsor’s representative(s) (the “Sponsor Judging Period”) based on the following criteria (the “Criteria”) (each given equal weight):
(a) athleticism portrayed in the image
(b) distance of person from the ground or water; and
(c) perceived audience appeal of image.
The image that receives the highest overall score will be named the potential Winner for that Entry Period (subject to verification). In the event of a tie in determining the Winner during the Sponsor Judging Period, the tie will be broken based on the highest score obtained in Criteria (a).
There will be nine (9) winners for this Contest (one (1) winner for each Entry Period).
Sponsor will notify each potential Winner by email to the email address or social media handle provided in the Entry (the “Winner Notification”) within seven (7) days of the conclusion of the applicable Entry Period. Each potential Winner will be announced on the Sponsor’s social media pages within seven (7) days of Winner Notificaton. Each potential Winner will be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) and any other prize claim forms requested by Sponsor (the “Prize Claim Documents”) within ten (10) days of the send date on the Winner Notification. If a potential prize Winner does not return such documentation to Sponsor within the time period specified, or if a potential prize Winner is determined to be ineligible, or if a potential prize Winner fails to comply with these Official Rules, or if a potential prize Winner fails to accept the prize offered, or if the Winner Notification is returned as undeliverable, such prize will be forfeited in its entirety. In the case of the prize being forfeited, the Entrant who submitted the image with the next highest overall score during the applicable Entry Period will be selected as the Winner, and the same notification and verification process will be followed. Entrants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate.
Each Winner will be featured on anarchyeyewear.com and/or Anarchy Eyewear social media pages as the ambassador of the month, showcasing a bio about the chosen winner, and will receive a pair of Anarchy Eyewear sunglasses of Winner’s choosing from the 2015 Anarchy Eyewear sunglass collection. Total approximate value of each prize is $40.00. Total approximate value of all prizes awarded during the Contest Period is $360.00.
By submitting an Entry, each Entrant grants Sponsor the right to post the Entry on Sponsor’s social media sites, with or without the Entrant’s name and hometown, during and after the Contest for purposes of administering or advertising the Contest. Sponsor reserves the right, in its sole discretion, and at any time during the Contest, to modify or remove (or not post at all) any image for any reason. Posting an image is not an indication of likelihood of winning the Contest, and does not increase the potential to win. By submitting an Entry, Entrant irrevocably assigns, conveys, and otherwise transfers to Sponsor, its successors and assigns, any and all right, title, and interest in perpetuity throughout the world in and to the Entrant’s Entry, including, without limitation, any and all copyrights, licensing rights, and other intellectual property and proprietary rights in the Entry, as well as the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Entry in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio, and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, each Entrant hereby waives and releases Sponsor and Related Parties, and each of their parent/affiliated companies, employees, officers, directors, members and agents (collectively, the “Released Parties”) from any and all claims that Entrant may now or hereafter have in any jurisdiction based on “moral rights” with respect to exploitation of the Entry by Sponsor or those authorized by Sponsor, without further compensation to Entrant of any kind. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or the other Released Parties, on the grounds that any use of the Entry, or any derivative works, infringe or violate any of Entrant’s rights therein. In addition, by submitting an Entry in this Contest, Entrant agrees to indemnify and hold harmless Sponsor and Related Parties, as well as the other Released Parties from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against Sponsor or Related Parties, or any of the Released Parties, due to or arising out of the Entry, use of the Entry as authorized herein, or the Entrant’s conduct in creating an Entry, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any commercial, advertising presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements, characters or ideas contained in any Entry.
If you believe your intellectual property rights have been infringed by material posted in connection with this Contest, please contact firstname.lastname@example.org or refer to Sponsor’s Takedown Policy posted on the Contest Page.
This Contest is subject to all applicable federal, state and local laws. By participating, Entrants waive any right to claim ambiguity in the Contest or these Official Rules. By submitting an Entry, participating in the Contest in any manner, and/or accepting a prize, each Entrant or participant agrees to release and hold harmless Sponsor and Related Parties, and the other Released Parties, as well as Facebook, Instagram, and Twitter from and against any and all claims, damages, and liability arising out of participation in this Contest, including any injury sustained by Entrant or participant, and each Winner agrees to release and hold harmless Sponsor and Related Parties, the other Released Parties as well as Facebook, Instagram, and Twitter from and against any and all claims, damages and liability arising out of such Winner’s use or mis-use of the prize. Acceptance of prize constitutes permission for the Sponsor, and those authorized by Sponsor, to use each Winner’s name and/or likeness for purposes of advertising and trade without further compensation to any Winner, unless prohibited by law. By participating in this Contest, Entrants agree to be bound by these Official Rules and the Sponsor’s decisions, which are final and binding. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and Related Parties, and the other Released Parties, as well as all of their agents, are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or any human error which may occur in connection with the Contest or in processing of Entries and votes; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) late, lost, illegible, incomplete, damaged or misdirected Entries; and (d) any condition caused by events that may cause the Contest to be disrupted or corrupted. By participating in this Contest, Entrants, participants, and Winners (collectively “Participants”) all agree that in no event will Sponsor and Related Parties, or any of the other Released Parties, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of such Participant’s access to and use of any website, the downloading from and/or printing material downloaded from any website, or submitting an Entry. Without limiting the foregoing, everything in connection with the Contest is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct, or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration or security of the Contest as determined by Sponsor in its sole discretion. In the event of termination, a notice will be posted online. Sponsor reserves the right to determine each Winner based solely on Sponsor Judging. Any damage made to any websites will be the responsibility of the authorized account holder associated with each Entry submitted. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such Entries made by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the Entrant fails to comply with any requirements of participation as stated herein or with any provision in these Official Rules. In the event of a dispute as to the identity of the Entrant, the Entrant will be deemed to be the person named in the entry form associated with the Entry. Only one name may be placed on each Entry.
Except where prohibited by law, as a further condition of participating in this Contest, each Entrant agrees that: (a) any and all disputes and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually and exclusively, without resort to any form of class action, by an action in the federal or state courts located in the State of Rhode Island, Providence County; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including cost associated with participating in this contest, but in no event attorney’s fees; and (c) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Rhode Island, without regard for conflicts of law doctrine.
For the name of each Winner, send a self-addressed stamped envelope to FGX International Inc., 500 George Washington Highway, Smithfield, Rhode Island 02917, ATTN: Anarchy Eyewear: #waxandwheels Contest,on or before January 31, 2016.
The Contest is sponsored by FGX International Inc., 500 George Washington Highway, Smithfield, Rhode Island 02917.
ANARCHY EYEWEAR is a registered trademark of FGX International Inc.