2021 Merrell x Vice 40 Under 40 Contest – Official Rules

  1. Description. The Merrell x Vice 40 Under 40 Contest (the “Contest”) begins at 12:01 am EST on February 24, 2021, and ends at 11:59 pm EST on May 15, 2021 (the “Contest Period”). By participating in the Contest, participants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsors (as defined in Section 9), which shall be final and binding in all respects. Receipt of a prize is contingent upon fulfilling all requirements set forth herein.
  2. Eligibility. NO PURCHASE NECESSARY. Must be 18 years or older at the time of entry and a legal resident of Canada (excluding residents of Quebec) or a legal resident the fifty (50) United States (including the District of Columbia). Employees, officers, and directors of Sponsors, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings, and grandparents) and household members of each such employee, officer, and director are not eligible. Void where prohibited by law, and void in Quebec. All federal, state, provincial, and local laws, rules and regulations apply.
  3. How to Enter. To enter a nominee, you must, during the Contest Period: (a) nominate an individual that has an Instagram account, (b) navigate to the Contest landing page (https://www.merrell.com/CA/en_CA/40-under-40/) and complete the Contest Entry Form in its entirety, including your name, email, and a description of a nominee for the Merrell 40 under 40 contest, including the nominee’s Instagram handle/account name, a description of the nominee’s “changemaker” activities (e.g. how nominee is dedicated to making the future of the outdoors a more sustainable and inclusive place for everyone) (a “Nominee”), and (c) submit a photo or video showcasing the Nominee’s “changemaker” activity. ENTRANTS MAY NOMINATE MORE THAN ONE NOMINEE, BUT MAY ONLY NOMINATE ANY PARTICULAR NOMINEE ONCE. ENTRANTS MAY NOMINATE THEMSELVES. Incomplete entries and those containing invalid e-mail addresses will be disqualified and removed from the Contest. Any attempt to enter using multiple/different email addresses, social media account names, identities, registrations and logins, or any other methods will void all of an entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Entries become the exclusive property of Sponsors and will not be acknowledged or returned. By entering the Contest, you grant Sponsors a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, and otherwise use your entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsors and its goods or services. You further agree that Sponsors may use your name, likeness, and written entry all without further consent from or payment to you.
  4. Representations and Warranties. By participating in the Contest, you warrant and represent that: (a) your entry, including any material comprising your entry (both your and the Nominee’s name, picture, video, etc.) (“Entry Material”) is your original work, and you are the sole and exclusive owner of all intellectual property rights in and to the Entry Material; (b) use of the Entry Material as described in these Official Rules will not infringe the intellectual property or other rights of any third party, or violate any federal, state, or local laws or ordinances; (c) the Entry Material is truthful to the best of your knowledge, is not obscene or libelous, and does not contain anything defamatory or derogatory; (d) the Entry Material does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Contest; and (e) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties and the Nominee you are nominating in the Contest whose personal information is included in your Entry Material. Entries not satisfying these criteria in any respect will be disqualified and removed from the Contest.
  5. Winner Selection. Following the end of the Contest Period, Sponsors will designate a voting panel to select, from among all qualified entries received during the Contest Period, a total of thirty-six (36) Finalist Prize Winners, plus four (4) Grand Prize Winners, based on the following judging criteria: (a) brand purpose alignment (35%), (b) changemaker impact (35%), and (c) inspirational quality (30%). Any attempt during the Contest Period to create false votes, automatically-generated votes, or otherwise tamper with, distort, or manipulate the voting process, all as determined by Sponsors in its sole discretion, will result in immediate disqualification. In addition, Sponsors may disqualify any Entry and/or Artwork, in its sole discretion, if it determines that the Entry received votes in exchange for compensation or other consideration.Odds of winning a prize depend on number of eligible entries received. Prize winner will be notified through direct message or email, and may be required to complete and return an eligibility affidavit and liability/publicity release. If the potential winner (a) cannot be contacted within three (3) days after selection, (b) does not meet the eligibility criteria, (c) does not fully comply with these Official Rules, (d) cannot correctly answer a time-limited, mathematical skill-testing question (in the case of a winner from Canada), or (e) fails to sign and return the affidavit and/or release, then the potential winner forfeits the prize and an alternate winner will be selected. If a prize winner is considered a minor in his or her jurisdiction of residence, the prize will be awarded in the name of, or to, the winner’s parent or legal guardian, who must accept the prize, execute any required documents, and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and winner, or the prize may be forfeited and awarded to an alternate winner. Under no circumstances will a prize be awarded as the result of an entry by an individual under 18 years of age.
  6. Prizes. Thirty-Six (36) Finalist Prizes: each consisting of one (1) Merrell gift card valued at $250 for merchandise on merrell.com, along with an award plaque. Approximate Retail Value (“ARV”) of each Finalist Prize is $250 USD. Four (4) Grand Prizes: each consisting of (a) one (1) Merrell gift card valued at $250 for merchandise on merrell.com, (b) a donation in the Grand Prize Winner’s name of $5,000 to a non-profit of Grand Prize Winner’s choice (subject to approval by Sponsors), and (c) an award plaque. Approximate Retail Value (“ARV”) of each Grand Prize is $5,250 USD. Prizes are non-transferable, and may not be substituted for cash. Sponsors, in their sole discretion, may substitute a prize (or prize component) of equal or greater value due to unavailability of prize (or prize component) for any reason. Cash card may have additional terms and conditions. Any costs or expenses incurred by winners in claiming or using their prizes not specifically described are the sole responsibility of the winner.
  7. General Conditions. All taxes and other expenses are the sole responsibility of the winner. Grand Prize winner and his or her guests will be required to execute a liability and/or publicity release before being admitted to the party. Neither Sponsors nor Instagram or Facebook are responsible or liable for, and entrants/Nominees (or, if a minor in their place of residence, the entrant’s/Nominee’s parent or legal guardian on his or her behalf) completely release and hold Sponsors, Instagram, or Facebook harmless against: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost Entry Forms; (b) network, internet, or computer malfunctions or damage related to or resulting from participating in the Contest; (c) any condition caused by events beyond the control of Sponsors which may cause the Contest to be disrupted or corrupted; or (d) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper with this Contest, including but not limited to using automated processes for entry, will be ineligible. If for any reason the Contest is not capable of running as originally planned, including but not limited to technical corruption or non-authorized human intervention, Sponsors in its sole discretion reserve the right to modify or cancel the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  8. Release/Disputes. By receipt of any prize, entrant/Nominee/winner (or, if a minor in his/her place of residence, the entrant/Nominee/winner’s parent or legal guardian on his or her behalf) agrees that Sponsors, Instagram, Facebook, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Contest. As a condition of participating in the Contest, Entrant and Nominee agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved on an individual basis, without resort to any form of class action. This means neither you nor Sponsors may join or consolidate claims in arbitration or court by or against any other person or entity, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. In addition, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in Michigan within two hundred miles of Grand Rapids, Michigan by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. Further, in any such dispute, under no circumstances shall Entrant or Nominee be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s/Nominee’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest). Entrant and Nominee further waive all rights to have damages multiplied or increased.
  9. Winners List. Names of prize winners may be requested by sending a self-addressed, stamped envelope by December 31, 2021 to Sponsors to the attention of “2021 Merrell x Vice 40 Under 40 Contest”.
  10. Sponsors/Administrator. The Sponsors and Administrators of this Contest is Merrell, a brand of Wolverine World Wide, Inc., 9341 Courtland Drive NE, Rockford, Michigan 49351 and Vice Media Group, Vice / Refinery29 /i-D /Garage, 225 Broadway, New York, New York 10007 (“Sponsors”). This Contest is not in any way sponsored, endorsed, administered by or associated with Instagram or Facebook.
  11. Privacy Policy. By participating in this Contest, entrants and Nominees agree to the collection and use of their information in accordance with Sponsors’ Privacy Policy, available at www.merrell.com and www.vice.com, including receiving marketing messages as set forth in such policy. Entrants and Nominees understand and acknowledge that they are providing information solely to Sponsors.