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  • HostGator Customized Nike Shoe Contest Official Rules

    Tuesday, November 21, 2017 by
    NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Sponsor Hostgator.com LLC, 2500 Ridgepoint Dr. Austin, TX 78754 (the “Sponsor”) 2. Eligibility The HostGator Customized Nike Shoes Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years old at the time of entry. The Contest is void where prohibited. Proof of residency and age may be required. Employees of Sponsor and each of its respective parent companies, subsidiaries, and affiliates and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win.  “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. To enter the Contest or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be binding and final in all respects relating to this Contest. 3. Timing The Contest begins on November 27, 2017 at 12:00 a.m. CST and ends on November 28, 2017 at 11:59 p.m. CST,  (the “Contest Entry Period”). Sponsor is the official timekeeper for this Contest. The Contest is governed by these Official Rules and is subject to all applicable federal, state and local laws. 4. How to Enter You can enter the Contest once (1) during the Contest Entry Period by: A. Designing a HostGator themed Nike shoe using the NikeID website at https://www.nike.com/us/en_us/c/nikeid, and B. Taking a screen capture of your final shoe design on NikeID.com, and posting it in the comments section on the HostGator Customized Shoes Contest post on Facebook. Limit one (i) entry per person. Any attempt by you to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods will be void and you and your entries will be disqualified. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the social media account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winner of the prizes may be required to show proof of being the authorized account holder to be awarded the prize. All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled. 5. Additional Entry Requirements A. Instructions for Facebook Entries: You must have your Facebook profile settings set as PUBLIC (not protected) to enter. To participate in the Contest, if you do not already have a Facebook account, download the free Facebook application and create an account as instructed. Getting a Facebook account is free. Use of multiple Facebook accounts to enter by the same individual is prohibited and may result in disqualification. Responses will be deemed to have been submitted by the authorized account holder as identified by the primary email address associated with that Facebook account. 6. Grant of Rights By entering the Contest you grant to Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, make derivative works of, and/or modify your Facebook response and/or your NikeID shoe design submitted as your entry into the Contest (collectively the “Entry” or “Entries”)) in any way and to post your Entry or any part thereof on the internet. 7. Representations and Warranties Each person who enters this Contest represents and warrants as follows: (i)  the Entry content is wholly original to entrant; (ii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. 8. Judging Criteria All eligible Entries received during the Contest Entry Period will be reviewed and judged by HostGator’s employees.  The Entries will be judged on the overall creativity and originality of the HostGator themed look and design of the entrants’ Nike shoe designed on NikeID.com. 9. Winner Determination On or about November 30, 2017, the Sponsor will select the top three (3) potential winners (each referred to herein individually as a “Winner” and collectively as the “Winners”), from all valid entries received during the Contest Entry Period. The potential Contest Winners will be contacted privately via Facebook,  and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. The potential Contest Winners will be notified on or about December 5, 2017. Failure by a potential Contest Winner to respond to the initial verification within five (5) days of notification or the time period stated in the notification will result in disqualification and Sponsor will select an alternate potential Contest Winner in the same manner. Odds of winning the Contest prize depend on the number of eligible entries received. 10. POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE POTENTIAL CONTEST Winner AND OTHER MATTERS RELATED TO THE CONTEST. 11. Verification of Potential Contest Winner Potential Contest Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Contest Winner may be selected. In the event: (a) potential Contest Winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Contest Winner notification or Affidavit is returned as undeliverable; (b) potential Contest Winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with timing requirements to respond to the initial verification in the required time period, (d) potential Contest Winner is found to be ineligible to enter the Contest or receive the prize, (e) potential Contest Winner cannot or does not comply with the Official Rules, or (f) potential Contest Winner fails to fulfill the Affidavit-related obligations, the potential Contest Winner shall be disqualified from the Contest and an alternate potential Contest Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Contest Winner, if any. Winner of any prize valued at more than $600 will be required to return a completed W9 tax form. 12. Prizes Three (3) potential Winners will be awarded one (1)  pair of Nike shoes with the design submitted in their Entry (the “Prize,”). The approximate retail value of the Prize is eighty dollars ($80.00). No cash equivalent will be provided for any prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winner agree to accept the prize “as is”, and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). The Prize will be awarded only if the potential prize Winner fully complies with these Official Rules. 13. Entry Conditions and Release By submitting an entry or otherwise participating in this Contest you understand and hereby agree to: (i) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (ii) defend, indemnify, release and hold harmless the Sponsor, and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and/or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to: (a) the Contest or any information provided by you in connection with the Contest, including but not limited to any Contest-related activity or element thereof, the receipt of marketing messages, participation or inability to participate in the Contest or in any parts thereof, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) any change in the prizes (or any components thereof) due to unavailability, or due to reasons beyond the Sponsor’s control (d) any interruptions in or postponement, cancellation, or modification of the Contest, (e) human error, (f) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the entry information or any parts thereof), and/or (g) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or any of their agents or employees. Winner acknowledges that all prizes are awarded as-is without warranty of any kind. 14. Publicity Except where prohibited or restricted by law, Winner’s acceptance of a prize constitutes the Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or the World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 15. General Conditions Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. No groups, clubs or organizations may participate in this Contest or reproduce or distribute any portion of these Official Rules or marketing to its members. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date. 16. Limitations of Liability The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded. 17. Disputes As a condition of participation in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the Winner shall be resolved individually, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorney’s fees or other such related costs of pursuing a claim. The Contest is governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts. 18. Entrant’s Personal Information Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at https://www.hostgator.com/privacy. 19. Contest Results For Contest results, send a written request addressed to the HostGator, Customized Nike Shoes Contest c/o HostGator Inc., 2500 Ridgepoint Drive, Austin, TX 78754. Requests for the Winner’s List must be received within 60 days after the end of the Contest Entry Period. This Contest is in no way sponsored, endorsed or administered by, or associated with Nike Inc., or Facebook. Any and all questions, comments or complaints regarding the Contest should be directed only to Sponsor and not Nike Inc or Facebook. © 2017 Hostgator.com LLC.  All rights reserved.
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