RED WiNG® wALL OF HONOR CAMPAiGN
The Campaign is open only to submissions from persons who are 18 years old or older at the time of submission and who are legal residents of the 50 United States and the District of Columbia. Employees, officers and directors of Red Wing Shoe Company, Inc. (“Sponsor”) and the Sponsor’s Affiliates, and each such person’s immediate families (children, spouse, parents, siblings and the spouses of each) and those living in the same household as each such person, whether or not related, are not eligible to enter or win. Void where prohibited. For the purposes of this Campaign, “Sponsor’s Affiliates” shall be defined as all entities associated with Sponsor for purposes of this Campaign, including parents, subsidiaries, affiliated companies, advertising agencies, and promotional agencies involved with the Campaign.
ENTRY AND CAMPAIGN SUBMISSION PERIOD.
Between June 26, 2017 and August 15, 2017 (“Campaign Submission Period”), visit the Campaign website at www.redwingamericaworking.com (“Campaign Website”) or post on Facebook, Twitter or Instagram using the hashtag #AmericaWorking to submit your story of what you have worked on or accomplished in your Red Wing® boots.
The Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram. You understand that you are providing your information to Sponsor and not to Facebook, Twitter, or Instagram. The information you provide will only be used in the event you are selected as a Campaign Featured Customer.
Sponsor and Sponsor’s Affiliates are not responsible for lost, late, incomplete, inaccurate, misdirected, unintelligible or returned submissions and submissions that violate any terms of these Submission Rules will be disqualified. All stories submitted in connection with the Campaign (“Story” or “Stories”) are subject to the terms of these Submission Rules, including Sponsor’s right to publish the Stories on the Campaign website, social media platforms, and otherwise utilize the stories as described in the Submission Rules. By submitting a Story, you agree to these Submission Rules and the Sponsors’ decisions, which are final and binding in all respects. All Stories become property of Sponsor and will not be returned. The Campaign is subject to applicable federal, state and local laws and regulations. You also agree that submission of your Story is gratuitous and made without restriction, and will not place Sponsor under any obligation to you. You agree that Sponsor is free to use or otherwise disclose the Story contained in the Submission on a non-confidential basis to anyone or otherwise use the Story without any additional compensation to you. You acknowledge that, by acceptance of your Story, Sponsor does not waive any rights to use similar or related photos previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
SUBMISSION ENTRY REQUIREMENTS.
Each Story and the accompanying submission (collectively, “Submission”) must meet the following requirements and any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
- The entrant must be living at the time of submission;
- The Submission fields must be in text format and must not exceed any word count restrictions of the social media platform used for the Submission;
- If submitting through www.redwingamericaworking.com, the Submission must include the entrant’s first/last name, zip code, story, photo/video and current email address;
- The Submission must include Red Wing® boots (which may be requested by Red Wing as described in Section 5);
- The Submission may not be on behalf of another individual; and
- The Submission must be in English.
Submission Content Restrictions:
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
- The Submission must not contain text not created by entrant;
- The entrant must have all rights to submit any Story and, in this regard, the Story must be an original work written by the entrant for which the entrant owns the copyright;
- The entrant must have all rights to submit any photo or video, in this regard, the photo or video must be an original work taken by the entrant for which the entrant owns the copyright or the entrant must have permission from the copyright owner, and any persons depicted in the photo or video must consent to the use of the photo (or entrant must obtain parental or guardian consent for the use of the photo);
- The Submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Campaign;
- The Submission must not feature brand names or trademarks other than Sponsor’s marks for this Campaign;
- The Submission must not contain content that is inaccurate, inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
- The Submission must not contain content 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;
- 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;
- The Submission must not contain any inappropriate (in the sole discretion of Sponsor) content;
- The Submission must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation; and
- The Submission must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network.
Sponsor reserves the right to edit any text, copy, or photos that entrant submits. All Submissions must be received during the Campaign Period. Sponsor’s computer will be the official timekeeper for all deadlines, and all submissions must actually be received by Sponsor’s computers to be valid.
COPYRIGHT LICENSE AND ASSIGNMENT.
By submitting a Submission, entrant grants to 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, on the Campaign website, social media platforms and any other format utilized by Sponsor, without additional compensation to the entrant. If selected for feature on the Red Wing® Wall of Honor (“Featured Customer”), Featured Customer agrees that his or her Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Featured Customer irrevocably assigns and transfers to Sponsor all of his or her right, title and interest in and to his or her narrative, any accompanying photos or videos, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Featured Customer hereby waives in favor of Sponsor, all rights of “droit moral” or “moral rights of authors” or any similar rights or principles of law that Featured Customer may now or later have to their Submission. Sponsor reserves the right to alter, change or modify the winning Submission, in its sole discretion. Upon request of Sponsor, Featured Customer shall execute and deliver such additional instrument of license or assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the licensing or ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “moral rights of authors” waived under these Submission Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
Sponsor may, in its sole discretion, select Submissions to post on any of its websites, including at www.redwingamericaworking.com or www.redwingshoes.com, or on its social media channels for users to read and engage with the Stories. User engagement is independent from and will have no impact on Sponsor’s selection of winning Submissions.
TIMING/FEATURED CUSTOMER SELECTION.
The Campaign Featured Customer selection period begins at 12:01 a.m. CDT on August 15, 2017, and ends at 11:59 p.m. CDT on September 1, 2017 (the “Featured Customer Selection Period”).
The number of potential Featured Customers selected will be based on the number of quality Submissions received during the Campaign Submission Period. During the Featured Customer Selection Period, the Sponsor will review each Submission for compliance with all Submission Requirements and Content Restrictions. Any Submission that does not meet both the Submission Requirements and Content Restrictions will be disqualified without notification. The Sponsor will review each Submission for its uniqueness, creativity and relevance to the spirit of Red Wing® boots. Sponsor may also consider other factors such as location of the photograph. All decisions by Sponsor are final and not subject to review. Once a Submission is selected for feature on the Red Wing® Wall of Honor, the potential Featured Customer will be notified by email at the email address indicated on the Submission. The potential Featured Customer must return to Sponsor any affidavit of eligibility and release, as well as assignment of the Submission, and any other form required by Sponsor before being determined a Featured Customer.
During the Featured Customer Selection Period, Sponsor will select Submissions to be featured on the Red Wing® Wall of Honor. Upon being selected and confirming all information with Sponsor, Sponsor will display Featured Customer’s Story and accompanying photo or video on the digital Wall of Honor at www.redwingamericaworking.com and/or the physical Wall of Honor in Red Wing, Minnesota. To be featured on the physical Wall of Honor, Featured Customer will be required to mail in their Red Wing® boots. Sponsor will provide pre-paid shipping for the Featured Customer’s boots. Featured Customer’s Red Wing® boots will not be returned at any point.
Except where prohibited, featuring Featured Customer’s submission on the digital or physical Red Wing® Wall of Honor constitutes Featured Customer’s consent that his or her Submission, and any accompanying photo or video, as well as his or her name, likeness, voice and/or biographical data may be used by Sponsor in any medium worldwide for advertising and promotional purposes without limitation and without additional notice, compensation or consent. However, Sponsor is under no obligation to actually use any such information or content. Featured Customers will execute all eligibility affidavits, releases, and assignments required by Sponsor before being featured on the Wall of Honor.
If for any reason the Campaign, 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 Campaign, 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 Campaign, and substitute an appropriate alternate method of Featured Customer 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, submissions, including any erroneous appearance of qualification for to be selected as a Featured Customer. 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 website, or any combination thereof, including any injury or damage to entrant’s, or any other person’s computer related to or resulting from participation or downloading/uploading any materials in this Campaign. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CAMPAIGN 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.
ADDITIONAL TERMS/LIABILITY LIMITATIONS.
By entering, entrant agrees to accept and abide by the rules of this Campaign and agrees that any dispute with regard to the conduct of this Campaign, or rule interpretation shall be resolved by Sponsor, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless Sponsor, Sponsor’s Affiliates, 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 being featured on the Red Wing® Wall of Honor, the posting of Submission materials, participation in any Campaign-related activity, or participation in the Campaign. Sponsor is not responsible for any typographical or other error in the printing of this offer or the administration of the Campaign, including such error as may give an erroneous indication that a Featured Customer has been selected. Sponsor is not responsible for unauthorized use of the entry submissions by third parties. In the event the Sponsor is prevented from continuing with this Campaign, or the integrity and/or feasibility of the Campaign 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 Campaign without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Campaign, the Sponsor reserves the right, but shall have no obligation, to select a Featured Customer from among all valid and eligible submissions received up to the time of the Campaign was abbreviated.
DISPUTE RESOLUTION AND CHOICE OF LAW.
Issues concerning the construction, validity, interpretation and enforceability of these Submission Rules shall be governed by the laws of the State of Minnesota. All disputes arising out of or connected with this Campaign will be resolved individually, and without resort to class action, exclusively by the appropriate federal or Minnesota State Court. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. All judgments or awards shall be limited to actual incurred out of pocket expenses (excluding attorneys’ fees) associated with participation in this Campaign and shall not include any indirect, punitive, incidental and/or consequential damages.
If you have any questions regarding this Campaign, please contact Red Wing Shoe Company, Inc. at 314 Main Street, Red Wing, MN 55066 or email firstname.lastname@example.org.