December 13, 2014
What tops your wish list? The Original Benchwarmer? Ida Outfitter? Kromer Tote? Tell us, and your wish just might come true!
All you have to do: post a photo or link to the Stormy Kromer item you want most on Facebook, Twitter or Instagram between now and December 23rd—and we’ll randomly choose one wish to grant each day. So start making your list, and don’t forget to tag Stormy Kromer and use #StormyWish. Search now for wish list ideas!
Full rules below.
Stormy Kromer® Holiday Wish List 2014 Giveaway (“Promotion”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC., OR INSTAGRAM, LLC
- ELIGIBILITY:Promotion is open only to legal adult residents of the 50 United States (including District of Columbia), 18 years of age or older (and not a minor in state of residence) at time of entry. Employees of Stormy Kromer, USA (“Stormy Kromer” or “Sponsor”) and its parent companies, affiliates, franchisees, sales representatives, distributors, agents, and vendors involved with this Promotion, and the immediate family and household members of all such employees, are not eligible to enter or win. Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
- TIMING: The Promotion begins on December 13th at 12:00 a.m. Eastern Time (“ET”) and ends on December 23rd at 11:59 p.m. ET (the “Promotion Period”). Eleven daily prize drawings will be made on or about 10:00 Eastern Time (“ET) December 14th – December 24th.
- HOW TO ENTER: There are three ways to enter the Promotion, either through Twitter, Instagram or Facebook.To enter via Twitter, during the Promotion Period tweet a link to at least one (1) item shown and available for purchase on www.stormykromer.com (“Stormy Kromer Website”) (the “Wish”) from your personal Twitter account and include the hashtags #StormyWish in your Tweet. The total price of all items included in each Wish may not exceed $299.99. Your Tweet may include more than one link; however, all links in your Tweet will be deemed to constitute one (1) Wish for purposes of this Promotion. Your entry must include the hashtag #StormyWish and the link(s) to the Wish to be eligible. Upon posting your Tweet, you will automatically be entered with one (1) entry into the Promotion. You may enter as often as you would like during the Promotion Period. You must be a member of Twitter and your account must be set to the “public” setting in order to participate. Go to www.twitter.com to get a free Twitter account if you do not already have one.To enter via Instagram, during the Promotion Period post a photo of at least one (1) item shown and available for purchase on the StormyKromer Website on your personal Instagram account and include the hashtag #StormyWish in your post. The total price of all items included in each Wish may not exceed $299.99. Your response must include the hashtag #StormyWish and a photo of the Wish that meets the requirements set forth in these Official Rules to be eligible. Upon posting to Instagram, you will automatically be entered with one (1) entry into the Promotion. You may enter as often as you would like during the Promotion Period. You must be a member of Instagram and your account must be set to the “public” setting in order to participate. Go to www.instagram.com to get a free Instagram account if you do not already have one.To enter via Facebook, during the Promotion Period post a link to at least one (1) item shown and available for purchase on the StormyKromer Website on your personal Facebook account and include the hashtag #StormyWish in your post. The total price of all items included in each Wish may not exceed $299.99. Your response must include the hashtag #StormyWish and a link of the Wish that meets the requirements set forth in these Official Rules to be eligible. Upon posting to Facebook, you will automatically be entered with one (1) entry into the Promotion. You may enter as often as you would like during the Promotion Period. You must be a member of Facebook and your account must be set to the “public” setting in order to participate. Go to www.facebook.com to get a free Facebook account if you do not already have one.Please note: By entering this Promotion, you signify and agree that your entry and any other materials submitted in connection with this Promotion may be posted on Sponsor’s website and/or other social media sites or applications associated with the Promotion in a manner that is consistent with these Official Rules. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
By participating in this Promotion, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Promotion in any social sharing interaction that references the Promotion or is used to earn an entry in connection with this Promotion. At a minimum, the hashtag “#StormyWish” should be included in all social media communications sent pursuant to the Promotion. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Promotion.
Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Promotion (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message or any spam or commercial solicitations; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sponsor or any third party social media site; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sponsor has no duty to screen Content Submissions, but the Sponsor reserves the right in its sole and unfettered discretion to disqualify and remove any Content Submission that it finds to be inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion.
If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Promotion Entities’ use of the Content Submission.
By submitting a Content Submission, entrant explicitly acknowledges and agrees that for a period of ten (10) years, renewable at the Sponsor’s option, the Sponsor and its legal representatives, successors and assigns shall have the irrevocable, worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites (including, without limitation, social media sites) associated with the Promotion, with or without first and/or last name credit to the entrant without any additional consideration or approvals from or to entrant, and entrant explicitly waives all moral rights in such materials.
Entries that do not include any required hashtag and messages not received by Sponsor will not be eligible and will be disqualified. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address, Twitter account, Instagram account, or Facebook account. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Twitter/Instagram/Facebook account 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 winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
- SELECTION OF WINNERS: During the course of the Promotion Period, the Sponsor will select the name of a maximum of eleven (11) potential winners, one per day of the Promotion Period, in a random drawing from among all entries received the previous day by 11:59 pm Eastern. The odds of winning are based on the number of eligible entries received at the time of each respective drawing. Within twenty-four (24) hours after each potential winner has been selected, the potential winner will be notified by email and/or by a message on Facebook, Instagram or Twitter, depending on which platform was used by the potential winner to submit his/her winning entry. Except where legally prohibited, each potential winner must contact Stormy Kromer within seven (7) days of being notified. If a potential winner cannot be contacted in person via email or via Instagram/Twitter/Facebook (as applicable) within seven (7) days, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
- PRIZES: Eleven (11) winners will each receive the Wish he/she posted or tweeted about in his/her winning entry. Maximum total ARV of each prize: $299.99. Maximum total ARV of all prizes to be awarded: $3299.89. Limit one (1) prize per person and per household. In the event that the Wish associated with a prize winner’s winning entry contains more than one (1) item, or in the event there is any ambiguity as to which item the prize winner referred to in his/her Wish, the Sponsor reserves the right, in its sole discretion, to require the prize winner to select one of the items referenced, displayed, or contained in his/her entry that he or she wishes to receive as his/her prize. Winners will be encouraged, but not required, to post a photo of their prize after receiving their prize to their social media accounts (“Prize Photo”). If a winner posts a Prize Photo, the winner agrees to comply with the Content Submission requirements set forth above, and agrees to the Sponsor’s use and modification of the Prize Photo for promotional purposes as set forth by Section 8 of these Official Rules.Prize Restrictions: Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. If the value of the Wish named in a winner’s entry is less than $299.99, the winner will not be entitled to receive the difference in cash or credit.
- GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- RELEASE & LIMITATIONS OF LIABILITY: By participating in this Promotion, entrants agree that Sponsor, Facebook, Twitter, Instagram, and their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize.ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE (WWW.STORMYKROMER.COM) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING WWW.STORMYKROMER.COM, AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- INTELLECTUAL PROPERTY; PUBLICITY RELEASE: Except where prohibited by law, winners grant to sponsor (which grant will be confirmed in writing on request of sponsor), and its parent, subsidiaries, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the irrevocable worldwide right and permission to print, publish, broadcast, and use, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, each winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast or social media platform) without additional consideration, compensation, permission, or notification. By submitting an entry, entrant agrees that all content submissions that entrant may submit to sponsor or otherwise post in connection with this promotion are deemed to be non-confidential and non-proprietary and sponsor shall have no obligation of any kind with respect to such content submissions. Sponsor shall be free to edit, exploit, modify, publish, reproduce, use, disclose, disseminate and distribute the content submission to others without limitation in any and all media now known or not currently known, throughout the world for any purpose without compensation, permission or notification to entrant or any third-party. Entrant hereby grants to sponsor and its legal representatives, successors and assigns, for a period of ten (10) years, renewable at the sponsor’s option, an irrevocable, and world-wide license to use the content submission in any form or format and to modify the same, and acknowledges and agrees that if sponsor does use the content submission, entrant shall not be entitled to any credit, consideration, notice or payments of any kind. Entrant waives any moral rights he or she may have to the content submission, and agrees that if sponsor elects to use content submission for any purpose, all rights under copyright or other intellectual property rights which may result from that relating to entrant’s content submission or from use of the same by sponsor shall be the sole property of sponsor. Entrant further agrees that if sponsor elects to use entrant’s content, submission, entrant will execute any documents requested by sponsor regarding this assignment. IF ANY USE BY SPONSOR OF THE CONTENT SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE CONTENT SUBMISSION.
- DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in the state of Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of Michigan, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the state of Michigan.
- PRIVACY: Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
- OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit http://skblog.cwstechgroup.net/2014/12/13/stormy-holiday-wish-list-giveaway/. For a list of winners available after December 31, 2014, send a stamped, self-addressed envelope for receipt by February 28, 2015 to: Stormy Kromer Holiday Wish List Promotion Winners, 1234 Wall Street, Ironwood, MI 49938. Vermont residents may exclude return postage when requesting the Official Rules.