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SKECHERS "17 AGAIN PREMIERE" SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. PRIZE ACCEPTANCE RELEASE OF LIABILITY AND PUBLICITY RELEASE MAY BE REQUIRED. ALL TRAVEL FOR THE TRIP PRIZE MUST BE COMPLETED BY APRIL 16, 2009 OR PRIZE WILL BE FORFEITED.
DESCRIPTION OF SWEEPSTAKES: The “17 AGAIN PREMIERE” SWEEPSTAKES (“Sweepstakes”)starts at the opening of each participating SKECHERS retail store on March 10, 2009 and ends at the closing of each participating SKECHERS retail store on April 1, 2009 (“Entry Period”). The sponsor of the Sweepstakes is SKECHERS USA, Inc., 228 Manhattan Beach Blvd., Manhattan Beach, CA 90266 (the “Sponsor”). New Line Productions, Inc., Warner Bros. Entertainment, Inc., and each of their parents, affiliates and subsidiaries, are not responsible for the promotion, administration or execution of this Sweepstakes. By participating in the Sweepstakes each entrant (or your parent/legal guardian if you are a minor in your jurisdiction of primary residence) fully and unconditionally agrees to these "Official Rules" and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ELIGIBILITY: Sweepstakes is open only to natural persons who are legal residents of the United States or the District of Columbia (except residents of Rhode Island, Puerto Rico, all U.S. territories and possessions and overseas military installations who as of the date of their entry into the Sweepstakes are at least thirteen (13) years of age or older at time of entry. If entrant has not reached the age of majority in the jurisdiction in which entrant resides, entrant will need to obtain permission from their parent/legal guardian in order to enter Sweepstakes and will need their parent/legal guardian to accompany them if they should win the Grand Prize. Employees of Sponsor, New Line Productions, Inc., Warner Bros. Entertainment, Inc., Offspring Entertainment, and each of the foregoing entities’ parents, affiliates, subsidiaries,advertising and promotion agencies, directors, officers and distributors and other prize suppliers (collectively, the “Sweepstakes Entities”), as well as each of their immediate families (spouses, in-laws, grandparents, children, siblings, parents and grandchildren) and those living in the same household (whether legally related or not) of each, are not eligible to participate in the Sweepstakes or win a prize. Void where prohibited by law.
HOW TO ENTER: During the Entry Period, in order to enter the Sweepstakes, individuals must visit any participating SKECHERS retail store in the United States and may enter the Sweepstakes by completing and submitting an official entry form, which will require entrants to provide their first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number (including area code), date of birth, gender and e-mail address in accordance with the instructions set forth on the entry form. ALL ENTRIES MUST BE RECEIVED BY THE OFFICIAL STORE CLOSING TIME ON APRIL 1, 2009 TO BE ELIGIBLE. Visit www.skechers.com for store locations.
ONLY ONE (1) ENTRY INTO THE SWEEPSTAKES PER PERSON WILL BE ACCEPTED. ANY ATTEMPTED ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID. Illegible, incomplete, mechanically reproduced entries, entries in excess of the number stated above and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void and will be disqualify such individual from the Sweepstakes. All entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible.
PRIVACY: All information collected by Sponsor in connection with this contest will be subject to Sponsor's Privacy Policy available at http://www.skechers.com/info/customer_service2#PrivacyPolicy.
GRAND PRIZE/ODDS: One (1) Grand Prize will be awarded in this Sweepstakes. The "Grand Prize" consists of a trip for the eligible Grand Prize winner and one (1) guest to attend the premiere screening and after party of the film ‘17 AGAIN’ (the “Picture”) in or near Los Angeles, California. The Grand Prize trip includes the following: (i) roundtrip economy (coach) class airfare for Grand Prize winner and one (1) guest from a major U.S. gateway airport on a carrier selected by Sponsor near the Grand Prize winner’s hometown to Los Angeles, CA, as determined by Sponsor in its sole discretion; (ii) two (2) consecutive nights hotel accommodations (single standard room, double occupancy; room and room tax only) at a hotel in or near Los Angeles, CA; (iii) VIP tour of Warner Bros. studio lot; (iv) two (2) tickets to the premiere screening (all details as determined by Sponsor in its sole discretion); (v) ground transportation to and from the premiere and the VIP WB tour (all details of tour determined by Sponsor in its sole discretion); (vi) $100/per day per diem; (vi) a trip to a SKECHERS retail store and two (2) pairs of SKECHERS shoes per person (excluding Mark Nason and Shape Ups). Dates of travel, air carrier(s) and hotel are at the sole discretion of Sponsor or its designee(s). The total approximate retail value (“ARV”) of the Grand Prize is $4,900.00. The actual value of the Grand Prize may vary depending on city of departure, date and times of travel, airfare fluctuations and hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded. Travel is subject to the restrictions and conditions set forth below. Travel must be roundtrip. Grand Prize winner must be able to travel on dates necessary to attend the Picture’s premiere (as determined by Sponsor) or the Grand Prize will be forfeited. If Grand Prize winner lives within two hundred (200) miles of the site of the premiere screening of the Picture to be held in or near Los Angeles, California, airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. There is no monetary value assigned to the attendance to the premiere screening and after-party portion of the Grand Prize. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize winner and his/her travel companion. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or fees, trip and travel insurance and premiums, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize winner and his or her travel companion. All travel arrangements are to be administered by the prize provider or its designee. Grand Prize winner and his or her travel companion will be required to travel on identical itineraries including the same departure and return dates. Grand Prize winner and his or her travel companion will each be required to provide a valid U.S. Federal or state government issued photo ID at time of travel. If Grand Prize winner elects to travel or partake in Grand Prize trip with no travel guest, no additional compensation will be awarded. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with Grand Prize are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize winner’s possession, or in the possession of the Grand Prize winner’s travel companion. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Grand Prize is non-transferable, non-assignable and has no cash value. No prize substitution or cash redemption allowed by Grand Prize winner. Sponsor reserves the right to substitute a prize of comparable or greater value at any time in its sole discretion. No portion of the Grand Prize may be sold, bartered or exchanged by Grand Prize winner. If awarded, Grand Prize will be awarded without any warranty of any kind. Odds of winning the Grand Prize depends on the total number of eligible entries received for the Sweepstakes.
The Sweepstakes Entities are not responsible if movie premiere or VIP tour are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. The Grand Prize winner may be required to provide a credit card to cover incidentals and related expenses at the time of each hotel check-in. Failure to complete the trip prize does not relieve the prize winner of his or her tax obligations associated with winning the prize. No extensions will be permitted, and any unused travel or portion of the prize will be forfeited and no compensation awarded in lieu thereof. If the Grand Prize winner does not accept or use a portion of the prize, the unaccepted or unused portion of the prize will be forfeited and Sponsor will have no further obligations with respect to that portion of prize. The Grand Prize cannot be used in conjunction with any other promotion or offer and may not be separated. The Grand Prize will be awarded except if it is not possible or practical to determine and qualify an alternate winner in a sufficient time frame such that the alternate winner is able to attend the event associated with the Grand Prize and/or the tickets for the event, the airfare or hotel accommodations have expired or cannot be booked due to advance booking requirements, in which case then only the non-expired portion(s) of the Grand Prize will be awarded.
WINNER SELECTION: One (1) potential Grand Prize winner will be selected in a random drawing on or about April 2, 2009 by Sponsor's staff from all eligible entries received. Sponsor's decisions regarding the result of the random drawing shall be final and binding. Potential Grand Prize winner will be notified by e-mail and/or telephone by April 3, 2009. If such potential Grand Prize winner notification is rejected, returned as undeliverable or no response is received by SKECHERS from the potential Grand Prize winner within two (2) days of the date of notification or attempted notification, then such potential Grand Prize winner will be disqualified, and an alternate winner may be selected in Sponsor’s sole discretion. Potential Grand Prize winner will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within five (5) days of the date of issuance of such documents. Potential Grand Prize winner’s failure to return all required forms in this five (5) day time period may result in the potential Grand Prize winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. Potential Grand Prize winner’s travel companion is required to be eighteen (18) years of age or older as of the date of the potential Grand Prize winner notification unless the potential Grand Prize winner’s travel companion, who is under the age of eighteen (18) (or otherwise considered to be a minor in the legal jurisdiction of his/her residence), is the child or legal ward of the potential Grand Prize winner. Potential Grand Prize winner’s travel companion (or potential Grand Prize winner, on behalf of the potential Grand Prize winner’s travel companion if such travel companion is the potential Grand Prize winner’s child or legal ward under the age of eighteen (18) or considered to be a minor in the legal jurisdiction of his/her residence) will be required to execute and return a notarized Release of Liability and Publicity Release form within this same five (5) time period. A pre-paid overnight delivery service air bill will be provided to potential Grand Prize winner to facilitate the return of all required documents. A minor will not be allowed to participate in any portion of Grand Prize trip without being accompanied by his or her parent or legal guardian. Potential Grand Prize winner’s failure to return all required forms in this five (5) day time period may result in the potential Grand Prize winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. If any delivery of the Affidavit of Eligibility/Release of Liability and Publicity Release forms or Grand Prize is returned as undeliverable for any reason, the potential Grand Prize winner shall be disqualified and Sponsor may decide, in its discretion, to award such Grand Prize to an alternate eligible entrant.
All federal, state and local tax liabilities, if any, are the responsibility solely of the Grand Prize winner. Acceptance of the Grand Prize constitutes permission (except where prohibited) granted to Sponsor to use the Grand Prize winner’s name, likeness, pictures, photographs, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent. In the event that a potential winner of the Sweepstakes is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
By entering this Sweepstakes and accepting a prize, the winner and winner's guest agree to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes-related activity, including use of the trip prize in the Sweepstakes. The Sweepstakes Grand Prize winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the winner or his or her travel companion from any activity at any time if the winner’s or his or her travel companion’s behavior at any point is disruptive or may or does cause damage to person, property, or the reputation of the Releasees (defined below) or otherwise violates the policies of the prize providers. NO RESPONSIBILITIES ARE ACCEPTED BY RELEASEES FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR CANCELLATIONS RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. THE SWEEPSTAKES GRAND PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER TRAVEL COMPANION RELATED TO ANY SWEEPSTAKES ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE TRAVEL COMPANION’S USE OF THE PRIZE OR ANY PORTION THEREOF.
RELEASE OF LIABILITY/GENERAL CONDITIONS: By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and (iv) to release, indemnify, and hold harmless each of the Sweepstakes Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from and against any liability whatsoever for any and all claims, costs, losses, or damages of any kind, including, without limitation, those related to defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes promotional materials, (d) acceptance, attendance at, participation in, possession, defects in, use, misuse or inability to use the Grand Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, the Picture’s premiere and/or after party, (g) human error, (h) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries,(i) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (j) cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), or other transportation companies, hotel(s), or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same, (k) lost, stolen, damaged, delayed, or misdirected baggage, or (l) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). The Grand Prize winner hereby acknowledges that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize or any component thereof.
If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of theSweepstakes or the granting of the Grand Prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is cancelled, and to the extent possible as determined by Sponsor, Sponsor will conduct a random drawing to select a new entrant from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation, and to award the Grand Prize (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible entrants, Sponsor reserves the right in its sole discretion to not award the Grand Prize (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Sweepstakes or these Official Rules. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
OFFICIAL WINNER'S LIST/OFFICIAL RULES: For an Official Winner's List (available after 4/9/09), or a copy of these Official Rules, send a self-addressed, stamped envelope to:“17 AGAIN PREMIERE” SWEEPSTAKES (please specify Official Winner's List or Official Rules), 228 Manhattan Beach Blvd., Manhattan Beach, CA 90266 to be post-marked no later than 6/9/09. Residents of Vermont may omit the return postage on their request.
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or any prize acceptance documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the prize acceptance documents are determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
//End of Official Rules//
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