TIMBERLAND THE STOOP SNOE MAN BOOTS SWEEPSTAKES
Sponsor: Timberland, a division of VF Outdoor, LLC, 200 Domain Drive, Stratham, NH 03885 (“Timberland” or “Sponsor”)
NO PURCHASE NECESSARY. Open only to legal U.S. residents, who are 16 years of age or older who have a mobile device with a camera prior to entry. (If under 18, it is recommended that you obtain the consent of your parent or legal guardian before entering.)
Offered only in New York, New York. Void elsewhere and where prohibited by law.
By participating, you (if a minor, your parent/legal guardian) agree to these Official Rules as well as the decisions of Sponsor which are final and binding in all respects.
1. Sweepstakes Period.
Sweepstakes Period: September 10, 2022 – November 19, 2022.
Timberland’s computer is the official clock for the Contest.
2. How To Enter.
During the Sweepstakes Period, the Timberland Stoop interactive experience (“Timberland Stoop”) will visit certain areas in New York, New York.
Take a photo of any public area at the Timberland Stoop and post it to your public account on Instagram.† To qualify, in the photo, you must:
(a) tag Timberland (@timberland) and
(b) include the hashtag #TimberlandStoopSweepstakes to indicate that in posting a photo you are entering a sweepstakes promotion sponsored by Timberland to advertise its footwear and accessories for a chance to win a prize.
Be sure to follow @timberland if you do not already.
Photo must be posted by November 21, 2022 at 9:00 a.m. Eastern Time.
3. Entry Restrictions.
Limit of one (1) entry per person; a given Instagram account may only be used by one (1) person to enter the Sweepstakes.
Photo must be solely the original work product of entrant and not copied, in whole or in part, from any source. Do NOT re-post/re-gram photo entries posted by other persons. Team/group entries are not allowed.
Use of automated or programmed means of participation in the Sweepstakes is prohibited
Photo must comply with all formatting and technological requirements of the Instagram social media platform.
Proof of posting photo to one’s public Instagram account does not constitute Sponsor’s receipt of same or proof of entry in the Sweepstakes.
Receipt of entry may be acknowledged (including via reply from @timberland to posted photo), but any such acknowledgment does not constitute any representation of eligibility for Sweepstakes nor is it otherwise binding upon Sponsor in any respect.
PHOTOS POSTED BY PROSPECTIVE ENTRANTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE PROSPECTIVE ENTRANTS THEMSELVES AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR “SNOEMAN” IN ANY MANNER. NEITHER SPONSOR NOR “SNOEMAN” WILL REVIEW ANY PHOTOS PRIOR TO THE POSTING OF SAME BY PROSPECTIVE ENTRANTS AND EACH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LIABILTY FOR REVIEWING, MONITORING OR MODERATING PHOTOS. SPONSOR AND “SNOEMAN” WILL NOT MODIFY ANY PHOTOS IN CONJUNCTION WITH ADMINISTRATION OF THE SWEEPSTAKES.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail account or mobile phone number associated with the Instagram account used to post the photo entry. Authorized Account Holder of an e-mail address means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address; Authorized Account Holder of a mobile phone number means the natural person who is assigned to a mobile phone number by a wireless carrier.
Access to public areas of the Timberland Stoop may be subject to social distancing/crowd control protocols and other requirements and is not guaranteed. Sponsor shall not have any liability under any legal theory if a person attends a stop by the Timberland Stoop but is unable to access public areas, take a photo and then enter the Sweepstakes.
ACTING IN A BELLIGERENT, ANTI-SOCIAL OR OTHERWISE INAPPROPRIATE MANNER WHILE AT THE TIMBERLAND STOOP WILL RESULT IN AUTOMATIC DISQUALIFICATION AS WELL AS CONSTITUTING TAMPERING AS PER RULE 10 BELOW. The preceding includes but is not limited to:
(a) failing to comply with applicable health codes and guidance as well as posted policies at the Timberland Stoop designed to prevent the spread of COVID-19/Coronavirus which may include showing proof of vaccination or a negative COVID-19/Coronavirus test; mask-wearing; or social distancing.
(b) Ignoring the instructions of Timberland Stoop ambassadors, including with regard to access to public areas at the Timberland Stoop.
(c) Jostling, pushing or shoving other persons or Timberland Stoop ambassadors.
(d) Interfering with or impeding other persons’ attempts to access public areas at the Timberland Stoop and/or other persons’ attempts to take photos at such public areas.
(e) Taking a photo which includes any other persons without first securing his/her/their consent (if other person is a minor, the consent of such other person’s parent or legal guardian).
4. Entry Restrictions: Content
Photo will not result in entry if Sponsor determines in its sole discretion that the photo:
(a) Includes content that violates the right of privacy, right of publicity, trademark, copyright or other intellectual property rights of a third party.**
(b) Includes content that demeans, insults or denigrates another individual because of his/her/their race, religion, national origin, ethnicity, gender/gender identification, sexual orientation, citizenship status, disability or other classification protected under law.
(c) Includes content that is pornographic, sexually suggestive, profane, obscene or otherwise inappropriate.
(d) Includes the consumption of alcohol or drug use, acts of violence, dangerous behavior or animal cruelty.
(e) Includes content showing illegal conduct of any kind.
(f) Was not taken at a public area of the Timberland Stoop during the Sweepstakes Period in full accordance with the instructions of Timberland Stoop ambassadors as well as these Official Rules.
(g) Includes personal information about entrant or any other person, such as full name, e-mail address, phone number or street address.
(h) Includes any content that reflects negatively on or adversely affects the business reputation and goodwill of Sponsor or its Timberland brand; or “SNOEMAN” or his art works.
Includes any content that insults, defames or disparages “SNOEMAN” or any Timberland Stoop ambassadors.
**Sponsor grants to entrants a limited, royalty-free, revocable, non-exclusive, non-transferable and non-sublicensable right and license to use any material bearing the Timberland trademarks which is posted in a public area of the Timberland Stoop solely for the purpose of taking one (1) photo and entering the Sweepstakes once in full accordance with these Official Rules. In any such photo, all trademark registration symbols and other indicia of Sponsor’s ownership of the Timberland trademarks shall not be altered or modified by entrants. Such grant of rights in the Timberland trademarks shall automatically terminate after conclusion of the Sweepstakes. Any use of the Timberland trademarks other than as expressly set forth in this paragraph constitutes an actionable violation of Sponsor’s rights in same and will also result in disqualification from the Sweepstakes (if applicable).
A prospective entrant will NOT be notified if his/her/their photo is deemed to be unacceptable and does not result in entry.
For the avoidance of doubt, even if a photo complies with the Community Guidelines of the Instagram social media platform, such photo still may not result in entry in the Sweepstakes.
5. Grant of Rights in Photo
(a) Subject only to those rights retained by Meta Platforms, Inc. as to content posted on its Instagram social media platform, entrant (if a minor, his/her parent or legal guardian) grants to Sponsor the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her/their photo entry, in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such entrant.
(b) Entrant (if a minor, his/her parent or legal guardian) further waives any “Moral Rights of Authors” (“Droit Moral”) or similar natural rights of ownership that entrant may have in the photo entry whether under statutory or common law.
(c) Entrant (if a minor, his/her parent or legal guardian) agrees, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this Rule.
(d) Entrant (if a minor, his/her parent or legal guardian) understands and agrees that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it by outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the photo entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
(e) Entrant (if a minor, his/her parent or legal guardian) understands and agrees that Sponsor does not have any duty of confidentiality or other fiduciary duty to entrant relative to the photo entry.
6. Selection & Notification Of Winners.
Winners will be selected via random drawing, to be conducted by Sponsor on or about November 28, 2022. The random drawing will consist of all eligible photo entries received.
Provided that the photo entry complies with these Official Rules (including the content restrictions in Rule 4 above), the quality of a photo entry will not be taken into account as part of the winner selection procedure.
Potential winners will be notified via direct message. It is your sole responsibility to confirm that your Instagram privacy settings allow for @timberland to contact you via direct message.
Potential winner (if a minor, his/her parent or legal guardian) will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within three (3) business days of date indicated thereon. Failure to timely return the completed and signed Affidavit/Release or if potential winner cannot be contacted for any reason (including, direct message not being timely received for any reason) or, if potential winner is determined by Sponsor to be ineligible or not in full compliance with these Official Rules, will result in prize forfeiture without compensation and an alternate potential winner will be selected from among all remaining eligible photo entries received.
Prizes (4) – 6 inch pair of yellow men’s boots designed by “SNOEMAN.” Approximate Retail Value: $210 each. (Approximate Retail Value does not represent re-sale value of boots.)
Boots come with a certificate of authenticity from “SNOEMAN.”
In lieu of displaying boots as a work of art, but boots may be actually worn as footwear if preferred by winner. However, boots are only available in indicated size.
Limit of one (1) prize per family, address or household.
Prize will only be shipped to a street address in the United States.
No prize substitution permitted except by Sponsor due to unavailability of prize and only then for prize of equal or greater value. Prize is not transferable except with the prior consent of Sponsor which may be granted or withheld in its sole discretion. Prize is not redeemable or exchangeable for cash.
Unspecified expenses in conjunction with acceptance and use of prize (e.g., preparing boots for display, if preferred by winner) as well as all taxes on value of prize are the winner’s sole responsibility.
Odds of winning depend on the number of eligible photo entries received
Where legal, by accepting prize, winner (if a minor, his/her parent or legal guardian) agrees to the use of winner’s name, Instagram handle, likeness, photo, voice, biographical information, image and other indicia of his/her persona/identity by Sponsor for advertising/publicity/trade purposes without further compensation or notice.
By participating in the Sweepstakes, entrant (if a minor, his/her parent or legal guardian) releases and agrees to hold harmless Timberland, its parent, affiliates, subsidiaries, divisions, related companies; the management and representation of “SNOEMAN” (as well as “SNOEMAN” personally) and agencies or of any entity involved in the production/design/development/implementation/operation of the Timberland Stoop and/or this Sweepstakes and each of their respective directors, officers, agents, representatives, shareholders, employees, successors and assigns, as well as Meta Platforms, Inc. from any and all liability arising from the Sweepstakes or acceptance, possession, receipt or use/misuse of prize (if applicable).
9. Sweepstakes Eligibility.
The following persons are NOT eligible for the Sweepstakes:
(a) Employees, officers and directors of Timberland, its parent, affiliates, subsidiaries, divisions, related companies, and agencies or of any entity involved in the production/design/development/implementation/operation of the Timberland Stoop and/or this Sweepstakes.
(b) The management and representation of “SNOEMAN.”
(c) Any member of the immediate family (parent, child, sibling, spouse) of any person in the category (a) or (b) or of “SNOEMAN” him/her/themself regardless of where they live.
(d) Any member of the same household of any person in category (a) or (b) or of “SNOEMAN” him/her/themself whether related or not.
10. Conditions of Participation.
This Promotion is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram.
Timberland is not responsible for photo entries that are late, lost, illegible/garbled, incomplete, corrupted, incomplete, inaccessible/blocked (whether by filtering or other operation of the Instagram social media platform or otherwise), jumbled, damaged or misdirected, improperly recorded or unrecorded, or otherwise defective (all of which are void); or for technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Sweepstakes.
Timberland’s responsibility for an photo entry that is improperly voided for any reason is replacement with another entry if feasible and, if not feasible, Timberland shall not have any liability of any kind.
In the event of any inconsistency between these Official Rules and any advertising at the Timberland Stoop or any statement made by Timberland Stoop ambassadors, these Official Rules will prevail, govern and control in all respects.
Sponsor disclaims any and all liability for any error in advertising or implementing the Sweepstakes.
Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision.
TAMPERING WITH THE SWEEPSTAKES AS WELL AS INTERFERING WITH THE INTENDED OPERATION OF THE SWEEPSTAKES (INCLUDING BUT NOT LIMITED TO ACTING IN AN INAPPROPRIATE MANNER TOWARD TIMBERLAND STOOP AMBASSADORS OR OTHERS AT THE TIMBERLAND STOOP) OR SEEKING TO DEFRAUD TIMBERLAND IN CONJUNCTION WITH THE SWEEPSTAKES WILL RESULT IN DISQUALIFICATION, IF APPLICABLE; AND, TIMBERLAND MAY PROHIBIT ANY PERSON DETERMINED TO BE ENGAGED IN SUCH ACTIVITIES FROM PARTICIPATING IN FUTURE SWEEPSTAKES, CONTESTS AND PROMOTIONS SPONSORED BY TIMBERLAND AND/OR PURSUE LEGAL SANCTIONS AGAINST SUCH PERSON.
11. Force Majeure.
If Sponsor determines in its sole discretion that the Sweepstakes – in whole or in part – is delayed, prevented, made inadvisable or illegal or cannot be conducted as originally planned due to any cause beyond its control, including without limitation, war, invasion, act of foreign or domestic enemy, terrorist threats or acts, hostilities, civil disorder, war or rebellion (whether war be declared or not), shortage of adequate power, computer virus/bug, tampering, fraud, natural disaster, materials, manufacturing capacity or transportation or shipping facilities, disease, sickness, epidemic or pandemic, government order or law, action by any federal, state or local governmental authority, national or regional emergency, strike, riot, lockout or other industrial dispute, flood, fire, tornado, hurricane, earthquake or explosion, or act of God (each, a “Force Majeure Event”),
Sponsor may cancel, modify or suspend the Sweepstakes and select the prize winners from among all eligible entries received prior to and/or after the action taken by Sponsor or otherwise in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. For clarity, a Force Majeure Event includes but is not limited to any occurrence which affects, impedes or interferes with the Timberland Stoop stopping at various areas in New York, New York and/or the amount of time that the Timberland Stoop is available in any such area. In such case, Sponsor will post a notice at the Timberland Stoop (if feasible) and on @timberland.
12. Dispute Resolution/Choice of Law.
If the preceding or any other provision of these Official Rules is determined by the arbitrator to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.
13. Winners’ List.
For winners’ list, send a self-addressed stamped envelope to Sponsor at the above address ATTN: TIMBERLAND STOOP/SNOEMAN SWEEPSTAKES WINNERS. Winners’ list requests must be received by December 16, 2022. Winners’ list will be available after January 1, 2023.