DVS Shoe Co., Inc.“COOL GEAR” MONTHLY PRIZE DRAWINGOFFICIAL RULESBy entering this competition, you agree to be bound by these Official Rules. No Purchase Necessary to Enter or Win. The DVS “Cool Gear” Prize Drawing (the “Give-Away”) begins January 1, 2005 at 12:01 a.m. Pacific Time (“PT”) (for those entrants who live outside the US, PT is 8 hours behind Greenwich Mean Time) and ends on the last day of each month PT time (the “Give-Away Period”), with a new Give-Away beginning on the first day of each month PT time. The last month of the sweepstakes is December, 2008, and will end at 11:59 p.m. PT on December 31, 2008. Give-Away is sponsored, promoted and hosted by DVS Shoe Co., Inc., 955 Francisco Street, Torrance, CA 90502 (“Sponsor”). 1. ELIGIBILITY. Give-Away is open only to legal residents of the continental United States, Alaska, Hawaii, and Canada (except the Province of Quebec), who are of the age of majority in their jurisdiction of residence at the time of entry. Employees, shareholders, officers, directors, agents, representatives of Sponsor, including its attorneys, or the promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production, administration or judging of the Give-Away, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible. Entries through agents or third parties are invalid. 2.HOW TO ENTER. Mail Entries: Fill out the promotional card that was included with your DVS shoe purchase or that you obtained from the retailer and affix postage to the card and drop in any mailbox. Or, print your full name, address, including city, state or province and an e-mail address, along with your age hand printed or typed on a 3½” x 5” index card, with proper postage affixed or pre-paid shipping to The DVS “Cool Gear” Sweepstakes, 955 Francisco Street, Torrance, CA 90502. Online Entries: Free entry route: log onto the DVS Website located at Uniform Resource Locator (“URL”) http:///www.dvsshoes.com and navigate to the Give-Away Web page prior to December 31, 2008 11:59 pm PT time. Submit your completed on-line entry in accordance with the on-screen instructions during the Give-Away Period. Limit: One entry per person and per e-mail address per day. Entries for the monthly Give-Away must be received by 11:59 p.m. PT on the last day of each month. All eligible monthly Give-Away entries will be entered for a chance to win the Prize as explained in section 4 below. Each online entrant must be the rightful owner (or have authorized use) of the e-mail address identified in the entrant’s entry as of the date of entry. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened, and potential winners may be asked to provide evidence of this information. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries or entries that do not comply with these rules or are for any reason unacceptable, in the sole discretion of DVS Shoe Co., Inc., will be disqualified. Sponsor will not verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. 3.SELECTION AND NOTIFICATION OF CHOSEN ENTRANTS. Each entrant whose entry is received by the last day of the month will be put into the random drawing for that monthly prize. Mail-in entries that are not received by the last day of the month will be automatically put into the following month’s drawing. Mail-in entries for the month of December 2008 must be postmarked by December 31, 2008 and received by DVS by January 10, 2007. On or about the 5th day of the following month 2005 (and January 15, 2007), the monthly chosen entrant will be selected by random drawing by a representative of Sponsor, under the supervision of an independent observer, from among all eligible entries received. The monthly chosen entrant will be notified by e-mail on or about the 10th day of the following month. All selected monthly entrants will be required to respond (as directed) to the e-mail notification within 72 hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor may randomly select an alternate chosen entrant from among the remaining eligible entries. Each selected entrant will also be sent an affidavit of eligibility / liability / publicity release (Release). Unless restricted by law, each selected entrant will be required to complete and return the Release within the time period specified therein. Selected entrants who are Canadian residents will be required to correctly answer a skill question prior to being awarded any prize. Incorrect response to the skill question will make the selected entrant ineligible for the prize. An alternate selected entrant may be randomly selected from among the remaining eligible entries if a selected entrant: (i) cannot be reached; (ii) unless restricted by applicable law, fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; (iii) cannot accept or receive the prize for any reason; or (iv) if a Canadian resident, fails to correctly answer the required skill question. 4.PRIZES. One (1) randomly selected entrant will receive a prize each month of a pair of shoes or clothing from the current DVS line of products selected by DVS. Approximate retail value of the prize is $100.00. Selected entrants cannot assign or transfer their prize to another person. No prize substitution is allowed except at the discretion of Sponsor. No cash alternative is available. If any prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. All prizes will be awarded. 5.ODDS. The odds of winning depend on the total number of eligible entries received for a particular month. 6.CONDITIONS. Give-Away is subject to these Official Rules. By participating, entrants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Give-Away or these Official Rules, except where prohibited by law. By accepting a prize, winner agrees to release Sponsor, together with the respective directors, employees, officers, licensees, licensors and agents of each, including without limitation, their respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Give-Away, (collectively, the Releasees) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Sponsor reserves the right to use the Give-Away for publicity purposes in any media, and to use the name, likeness, and hometown name and/or prize information of selected entrants as part of that publicity, without any compensation or prior review unless prohibited by law and by submitting an entry, each entrant agrees to these uses of their personal data being made and agrees to participate in publicity if required by Sponsor. Taxes, if any, are the sole responsibility of selected entrants, and selected entrants who are U.S. residents may be issued an IRS Form 1099 for the ARV of any awarded prize. This Give-Away is void in the Province of Quebec, and outside the continental US, except Alaska, Hawaii, the United Kingdom, and Canada, and where prohibited or restricted by law, and subject to applicable federal, state, provincial and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Give-Away or violating these Official Rules. The Releasees shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Give-Away, except in relation to death or personal injury caused by the negligence of any or all of the Releasees; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Give-Away. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Give-Away, and reserve the right, in their sole discretion, to cancel, modify or suspend the Give-Away should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Give-Away. Sponsor may prohibit an entrant from participating in the Give-Away or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Give-Away in any way by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. Use of any automated system to participate is strictly prohibited and will result in disqualification. Sponsor may disqualify at its sole discretion any entries it believes are created by an automated system. Sponsor may disqualify at its sole discretion any entries it believes exceed the daily maximum. Disputes regarding these Official Rules and/or this Give-Away will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Give-Away must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVE-AWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVE-AWAY. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 7.PRIVACY. Unless entrants opt in by ticking the box below to receive additional mailings and correspondence from Sponsor, all personal information collected by Sponsor will be used for administration of the Give-Away only. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy located at http://www.podiumdist.com/legal/dvs/dvs_privacypolicy.htm for important information regarding the collection, use and disclosure of personal information by Sponsor. 8.OFFICIAL RULES. For a copy of these Official Rules, send your request in a self-addressed, stamped envelope (WA, VT and Canadian residents need not affix return postage) to: The DVS “Cool Gear” Official Rules, 955 Francisco Street, Torrance, CA 90502. 9. WINNERS LIST. For names of the prize winners send your request in a self-addressed, stamped envelope (WA, VT and Canadian residents need not affix return postage) to: The DVS “Cool Gear” Selected Entrants List, DVS Shoe Co., Inc., 955 Francisco Street, Torrance, CA 90502. |