2022 Merrell Kids Shoe Design Contest – Official Rules

1. Description. The Merrell Kids Shoe Design Contest (the “Contest”) begins at 12:01 am ET on July 1, 2022 and ends at 11:59 pm ET on August 31, 2022 (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 10), 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. Parents or legal guardians of an Entrant (defined below) must be 18 years or older, and Entrants must be under 11 years old, at the time of entry. Parents and Entrants must be legal residents 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. To enter, the parents or legal guardians of an Entrant must, during the Contest Period: (a) have an email account or Facebook, Instagram, or Twitter account; (b) navigate to www.merrell.com/giveaway (the “Contest Webpage”), and print a copy of the line art of the Big Kids Nova 3 shoe coloring page, provided as a .pdf file (available on the Contest Webpage); (c) take a photo (the “Photo”) of an original coloring of the Big Kids Nova 3 shoe coloring page (the “Artwork”) created by the parent or legal guardian’s child under 11 years old (an “Entrant”); and (d) submit the Photo on the Contest Webpage. The Photo and Artwork together are referred to herein as an “Entry.” No mechanically reproduced Entries permitted. LIMIT ONE (1) ENTRY PER ENTRANT. 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 (including the Photo and Artwork) become the exclusive property of Sponsor and will not be acknowledged or returned. By entering the Contest, parents or legal guardians of an Entrant grant Sponsor a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, feature on footwear, and otherwise use your Entry (including the Photo and Artwork submitted and variations thereof) 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 Photo and Artwork all without further consent from or payment to you. You further acknowledge that notwithstanding the foregoing sentence, Sponsor has no obligation to use your Entry, Photo, or Artwork in any manner or for any purpose.
   For each entry received, Sponsor will donate $1.00 to Big Brothers Big Sisters of America.
4. Representations and Warranties. By participating in the Contest, you warrant and represent that: (a) the Photo and Artwork is Entrant’s original work, and you and/or Entrant are the sole and exclusive owner of all intellectual property rights in and to the Photo and Artwork; (b) use of the Photo and/or the Artwork 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 Photo and the Artwork is not obscene or libelous, and does not contain anything defamatory or derogatory; (d) the Photo or 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. On or around September 15, 2022, Sponsor will designate a voting panel of Sponsor employees to select one (1) Grand Prize Winner from among all qualified entries received during the Contest Period. The panel’s voting will be based 50% on creativity, 25% originality, and 25% on color combination. 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, or for Artwork created by an individual over 11 years of age.

6. Prizes. One (1) Grand Prize: consisting of (a) the opportunity to have Entrant’s Artwork, and/or the colors/patterns depicted in Entrant’s Artwork, (or modified versions thereof) applied to a pair of Sponsor’s kid’s-sized footwear to be produced for sale to the public, with no additional consideration provided to the Grand Prize Winner (footwear is anticipated to be the Big Kids Nova 3, with an expected release in Sponsor’s Fall 2023 line of shoes); and (b) a scholarship for Entrant and one (1) friend to attend an outdoor program of their choosing. Approximate Retail Value (“ARV”) of Grand Prize is US $6,000.00. Additional terms and conditions may apply to any gift cards, promotional codes, or similar prizes awarded. Prizes are non-transferable, and may not be substituted for cash. Sponsor, 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.
   
   Winners of prizes valued at an ARV of $600 or more collectively will be required to provide a taxpayer identification number or social security number for the purpose of issuing an IRS 1099 Tax Form for the fair market value of the prize for the year in which it was awarded.
   
   Sponsor is not responsible, and will not provide a refund or other compensation, for any cancellations or postponements of any prize component. All taxes, costs, and expenses incurred by the Grand Prize winner or his/her travel guest in claiming or using the Grand Prize not specifically described herein are their sole responsibility, including but not limited to any shots and required travel documentation, visas, or passports.
   
   The Grand Prize winner and his/her travel guest must not be under any legal or physical impediment that would prevent them from accepting the Grand Prize or participating in the Event, and must be able to accept the Grand Prize and participate in the Event on the date or dates specified by Sponsor. Otherwise, the Grand Prize will be forfeited and Sponsor may select an alternate winner, at its discretion, in a manner comparable to the selection of the original Grand Prize 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 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/Disputes. 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, 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. Name of prize winner may be requested by sending a self-addressed, stamped envelope by December 31, 2022 to Sponsor to the attention of “2022 Merrell Kids Shoe Design Contest.”
10. Sponsor/Administrator. The Sponsor and Administrator of this Contest is Merrell, a division 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.
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.