Stormy Kromer® Living Legend Contest (“Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN.
OVERVIEW: This Contest invites you to nominate someone you consider a “living legend” based on their embodiment of the Stormy Kromer brand and the criteria listed below. Simply visit the Stormy Kromer website, fill out the official entry form, and either e-mail it or snail mail it to Stormy Kromer. Experts on the Stormy Kromer brand will review your submissions and choose 10 finalists. Those finalists will then be posted on the website for fan voting. If the finalist you nominate receives the most votes, you win the grand prize.
1. ELIGIBILITY: Contest is open only to nominators and nominees of who are legal adult residents of the 50 United States (including District of Columbia), 18 years of age or older (and not a minor in state of residence) at time of entry. Employees of Stormy Kromer Mercantile, USA (“Stormy Kromer” or “Sponsor”) and its parent companies, affiliates, franchisees, sales representatives, distributors, agents, and vendors involved with this Contest, and the immediate family and household members of all such employees, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
2. TIMING: The Contest begins on September 10, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on November 5, 2012 at 11:59 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below:
||Starts at 12:00 a.m. ET
||Ends at 11:59 p.m. ET
Sponsor's computer is the official time-keeping device for the Contest.
3. TWO WAYS TO ENTER:
Online: Visit the Stormy Kromer website at www.stormykromer.com for an official entry form, complete it and submit it to firstname.lastname@example.org, along with your name, email address, mailing address, and phone number. An image of the nominee may be submitted but is not required. Online entries must be received between 12:01 am Eastern Time (“ET”) on September 10, 2012 and 11:59 pm ET on November 5, 2012. You will then receive one (1) entry into the Contest. Limit one entry per person/per e-mail address. You will be required to accept the official rules prior to submitting your entry (which you will have the opportunity to review).
Mail: Visit the Stormy Kromer website at www.stormykromer.com for an official entry form, or write to Stormy Kromer “Living Legend” Contest at the below address for an official entry form. Complete the official entry form and mail it to: Stormy Kromer Mercantile, 1238 Wall St, Ironwood, MI 49938. An image of the nominee may be submitted but is not required. Mail-in entries must be postmarked by November 5, 2012 and received no later than November 9, 2012. Mail-in entries will NOT be accepted via messenger/courier delivery service or any means other than United States Postal Service mail. Entrant is solely responsible for properly packaging and shipping the entry and all related costs. You will automatically receive one (1) entry in the Contest for mailing in a valid entry. Sponsor and its promotional partners, agencies and vendors are not responsible for lost, late, incomplete, inaccurate, misdirected, unintelligible or returned entries. Limit one entry per person regardless of entry method. Any entries submitted become the property of Sponsor and will not be returned. Only entries using the official entry form will be accepted.
4. ENTRY REQUIREMENTS: Each submitted entry (“Submission”) must meet the following requirements and any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
- The nominee must be living at the time of nomination;
- The Submission must be in text format;
- The Submission must not exceed 750 words in length;
- The Submission must be in English;
- Entrants may not nominate themselves;
- Nominees must be personally known to the entrant;
- Entrant must have permission from the nominee to include any image, the full name, personally identifying information, additional descriptive information about the nominee, and nominee’s approval to include his or her name, likeness, quotes and other information for Contest and promotional purposes in all Sponsor materials. Sponsor will contact Finalist nominees before posting any personal information on the web site. If a nominee chosen as a Finalist declines to be featured on the web site, the Submission will be disqualified and the Submission with the next highest scores will be selected as a replacement Finalist.
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
The Submission must not feature brand names or trademarks other than Sponsor's marks, which entrant has a limited license to use to incorporate into his/her Submission for this Contest;
The Submission must not contain text not created by entrant;
The Submission must not contain text that is inaccurate, inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
Limits: Each entrant may enter the Contest one (1) time during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the rights entrant is granting to use the Submission.
All online entries must include a valid e-mail address for the entrant. In the event of dispute as to the identity or eligibility of a winner based on an e-mail address, or if more than one person uses the same email address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address submitted at the time of the entry. The “Authorized Account Holder” is the person to whom the applicable Internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to show proof of being an authorized account holder.
5. WINNER SELECTION:
Judging Phase: All eligible Submissions will be judged by qualified representatives of the Sponsor who will determine the highest scoring top 10 entries. All entries will be judged according to the following criteria: 1) Embodiment of, and relatedness to, the Stormy Kromer brand (40%); 2) Creativity and artistic merit (20%); 3) Quality of Submission/Well-supported (20%); and 4) Public appeal (20%). Ten Finalists will be selected and posted on the site for fan voting to determine the winner of the Grand Prize. In the event of a Finalist tie, the Submission with the highest score in criteria 1 above, as determined by Sponsor’s judges, will be the winner. The judges’ decisions are final and binding in all respects to round 1 judging. The Grand Prize winner will be chosen by fan voting as outlined below (based on overall public appeal).
Voting Phase: During the Voting Phase, the Finalists will be posted in an online gallery for public voting at www.stormykromer.com/living-legend. Individuals will be invited to vote for their favorite Finalist. Limit: Only one vote (1) per individual per day during the Voting Phase. The Finalist Submission that receives the highest number of votes during the Voting Phase will be the potential Contest Grand Prize winner. In its sole discretion, Sponsor reserves the right to select an alternate Contest Grand Prize winning Submission should the voting appear to have been tampered with or manipulated in any way. In case of a 1tie, the Sponsor, in its sole discretion, will select the potential winner based on application of the Judging Criteria. The potential Grand Prize winner will be notified by mail, email or phone on or around January 3, 2013. Multiple voters are not permitted to share the same email address. Any attempt by any voter to obtain more than the stated number of votes by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that voter's votes and that voter may be disqualified. Use of any automated program to vote will result in disqualification.
Odds of winning depend on the number of eligible Entries received during the Entry Period. Prize winners are responsible for all federal, state, local and sales and income taxes and any costs, expense(s) or fees whatsoever in connection with the prize not specifically provided herein. Prize winners may be required as a condition of receiving the prize to provide the Sponsor with his or her social security number so that appropriate reports may be filed with the appropriate tax authorities. All Entries and potential prize winners are subject to verification by Sponsor, whose decisions are final and binding.
Entry and acceptance of any prize constitutes permission (except where prohibited by law) to use winner’s name, prize won, hometown, likeness, photograph, voice, address (city and state) and biographical information in any media throughout the world in perpetuity for purposes of advertising, online posting, promotion and publicity without additional compensation or approval.
If any notification or prize is returned as undeliverable, the originally selected winner will forfeit prize in its entirety. In the event the Grand Prize is undeliverable or the original winner is ineligible for any reason, an alternate winner may be selected based on the Submission with the next most consumer votes. All potential winners will be required to complete and return an affidavit of eligibility, liability release, publicity release (if not prohibited by law), and any other necessary documents, including required tax documents within five (5) calendar days after notice is received or the prize will be forfeited in its entirety. Award of prize and confirmation of winner is contingent upon potential winner’s qualification and compliance with Official Rules.
Nine (9) First Prizes: $50.00 Stormy Kromer gift card to be redeemed at www.stormykromer.com.
One (1) GRAND PRIZE: Grand Prize winner will receive:
1. one (1) $500.00 Stormy Kromer gift certificate to be redeemed at www.stormykromer.com;
2. 3% of Net Online Sales made through the www.stormykromer.com web site from January 7, 2013 through January 31, 2013 will be awarded to the registered 501(c)(3) charity designated by the Grand Prize winner. “Net Online Sales” means only the actual purchase price of any item, excluding taxes, shipping charges, related fees, returns, etc.;
3. Grand Prize winner’s Submission may be featured in the 2013 Stormy Kromer consumer catalog and Stormy Kromer blog, pending receipt of proper approvals and releases from any relevant parties and fitness of Submission for such use, in Sponsor’s sole discretion.
Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of the same approximate retail value. Prize consists only of items specifically listed as part of the prize. Certain conditions and restrictions may apply. All costs and expenses not specified herein, related to any prize or incurred by accepting the prize, are the sole responsibility of the Winner. Odds of winning depend on the number of eligible entries received.
7. CONTEST ADMINISTRATION: If for any reason the Contest, including the online portion, is not capable of running as planned, including disruptions caused by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause that corrupts, affects or compromises the administration, security, fairness, integrity, proper conduct or intended play of the Contest, Sponsor reserves the right at its sole discretion to disqualify any individual Sponsor deems responsible and Sponsor further reserves the right to cancel, terminate, modify or suspend the Contest, and substitute an appropriate alternate method of prize award selection. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problem or traffic, congestion on the internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading/uploading any materials in this Contest. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. ADDITIONAL TERMS: By entering, entrant agrees to accept and abide by the rules of this Contest and agrees that any dispute with regard to the conduct of this Contest, rule interpretation or award of prize, shall be resolved by Sponsor, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless Sponsor, promotional retail partners and each of their respective parent companies, affiliates, subsidiaries, franchisees, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations from any injury, loss or damage to person, including but not limited to death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, the posting of the Submission or related materials, participation in any Contest-related activity, or participation in the Contest. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Contest or in the announcement of prizes, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest 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, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Contest as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award any prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of the Sponsor and are not returnable.
9. PERSONAL INFORMATION: Information collected from entrants is used for the purposes of the Contest as outlined in these Official Rules and to provide entrants with additional information about Stormy Kromer and its products.
10. DISPUTE RESOLUTION AND CHOICE OF LAW: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Michigan. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by the appropriate federal or Michigan State Court. Should there be a conflict between the laws of the State of Michigan and any other laws, the conflict will be resolved in favor of the laws of the State of Michigan. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.
11. WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope postmarked by February 28, 2013 and received by March 7, 2013 to: Stormy Kromer Living Legend Contest Winners List, 1238 Wall Street, Ironwood, Michigan 49938.
12. SPONSOR: Contest is sponsored by Stormy Kromer Mercantile, USA, 1238 Wall Street, Ironwood, Michigan 49938.