2021 Merrell Merry & Bright Holiday Give and Get Contest – Official Rules

1. Description. The 2021 Merrell Merry & Bright Holiday Give and Get Contest (the “Contest”) begins at 12:01 am EST on November 29, 2021 and ends at 11:59 pm EST on December 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 Sponsor (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 the fifty (50) United States (including the District of Columbia). Employees, officers, and directors of Sponsor, 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. All federal, state and local laws, rules and regulations apply.
3. How to Enter. There are two ways to enter (each an “Entry”):
   1. During the Contest Period: (1) visit http://blog.merrell.com/merrell-give-and-get (the “Contest Website”), (2) complete a Contest Entry Form in its entirety, including your full name and valid e-mail address, and (3) provide your responses to the following two questions: “how has the outdoors surprised you AND taught you about yourself” and “who do you want to share these gifts with the most.” Your answer to these questions may be submitted either by uploading pictures/video to -the Contest Website of you answering the questions or by written responses submitted on the Contest Entry Form on the Contest Website. OR
   2. During the Contest Period: (i) have an Instagram® account, (ii) submit a post on your Instagram account providing your responses to the following two questions (the “Post”): “how has the outdoors surprised you and taught you about yourself” and “who do you want to share these gifts with most”; and (iii) tag the @merrell Instagram account in the Post.
   LIMIT ONE (1) ENTRY PER PERSON REGARDLESS OF METHOD OF ENTRY 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 Sponsor and will not be acknowledged or returned. By entering the Contest, you grant Sponsor 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 Sponsor and its goods or services. You further agree that Sponsor 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) the Entry is Entrant’s original work, and you are the sole and exclusive owner of all intellectual property rights in and to the Entry; (b) use of the Entry 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 is not obscene or libelous, and does not contain anything defamatory or derogatory; (d) the Entry 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 the right to grant the license in Section 3 above. Entries not satisfying these criteria in any respect will be disqualified and removed from the Contest.
5. Winner Selection. Following the Contest Period, Sponsor will designate a voting panel of Sponsor employees to select from among all qualified entries received during the Contest Period: two (2) grand prize winners, five (5) tier-2 prize winners, and ten (10) tier-3 prize winners (for a total of seventeen (17) Prize Winners). Winners will be chosen based on the following judging criteria: (a) creativity (25%), (b) evoking the brand (25%), and (c) inspirational quality (50%). 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 Sponsor in its sole discretion, will result in immediate disqualification. In addition, Sponsor 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 a potential winner cannot be contacted within three (3) days after Sponsor’s first attempt, does not meet the eligibility criteria, does not fully comply with these Official Rules, or 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. Two (2) Grand Prizes : each consisting of (a) two free pairs of Merrell shoes/boots and (b) two $500 gift cards to Airbnb (one item each to keep for yourself, and one item for the person nominated in your entry). Approximate Retail Value (“ARV”) of each Grand Prize is $1,400 USD.
   
   Five (5) Tier-2 Prizes : each consisting of (a) a free pair of Merrell shoes/boots and (b) one (1) National Park Pass (one item each to keep for yourself, and one item for the person nominated in your entry). Approximate Retail Value (“ARV”) of each Tier-2 Prize is $560 USD.
   
   Ten (10) Tier-3 Prizes : each consisting of one (1) free pair of Merrell shoes/boots and one (1) pair of Merrell shoes/boots for the person nominated in your entry. Approximate Retail Value (“ARV”) of each Tier-3 Prize is $400 USD.
   
   Prizes are non-transferable and may not be substituted for cash. Sponsors, in its 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 Sponsor nor Instagram/Facebook/Twitter/Snap/TikTok/LinkedIn are responsible or liable for, and entrants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) completely release and hold Sponsor, Instagram, and Amazon 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 Sponsor 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, Sponsor 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, SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Release. By receipt of any prize, winner (or, if a minor in his/her place of residence, the winner’s parent or legal guardian on his or her behalf) agrees that Sponsor, Instagram/Facebook/Twitter/Snap/TikTok/LinkedIn, 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 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 Sponsor 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 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 actual out-of-pocket expenses (i.e. costs associated with entering the Contest). Entrant further waives 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, 2022 to Sponsor to the attention of “2021 Merrell Merry & Bright Holiday Give and Get Contest”.
10. Sponsor/Administrator. The Sponsor and Administrator of this Contest is Merrell, a brand of Wolverine World Wide, Inc., 9341 Courtland Drive NE, Rockford, Michigan 49351 (“Sponsor”). This Contest is not in any way sponsored, endorsed, administered by or associated with Instagram/Facebook/Twitter/Snap/TikTok/LinkedIn.
11. Privacy Policy. By participating in this Contest, entrants agree to the collection and use of their information in accordance with Sponsor’s Privacy Policy, available at www.merrell.com , including receiving marketing messages as set forth in such policy. Entrants understand and acknowledge that they are providing information solely to Sponsor.