The New Balance NBXC Colorwars Contest (the "Contest") entry period begins on Wednesday, July 24, 2013 at 12:00:01 a.m. Eastern Daylight Time ("EDT") and ends on Monday, August 12, 2013 at 11:59:59 p.m. EDT (the "Entry Period"). The Administrator's database clock will be the timekeeper for the Contest. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and/or COHEN-FRIEDBERG ASSOCIATES, LLC, 17 Lantern Road, Framingham, MA 01702 (the "Administrator"), whose decisions shall be final and legally binding in all respects.
The Contest is open to legal residents of the 50 states of the United States and the District of Columbia at the time of entry, who are at least fourteen (14) years of age at the time of entry and who are enrolled in high school for the 2013 fall semester at the time of entry. Sponsor, Administrator and each of their employees, officers, directors, affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, printers, individuals (engaged in the development, production or distribution of materials), advertising and Contest agencies, and any and all other companies associated with the Contest (collectively, the "Contest Entities"), and each of their immediate family members and/or people living in the same household are not eligible to enter or win. All eligibility is subject to all federal, state and local laws and regulations.
If the entrant is under 18 years old at the time of entry, he or she may only enter with the approval of a parent or guardian. All prizes won by a minor will be awarded to their parents or legal guardians on their behalf. In order to receive the prize, winner may be required to provide proof of identification or eligibility. Winner will be required to sign an Affidavit of Eligibility, Assignment of Rights and/ or Publicity Release (where legal) as a condition to the delivery of the prize.
Visit www.facebook.com/newbalancenationals during the Entry Period and access the NBXC Colorwars application on the Facebook platform by clicking on the tab to the "Contest" page. You will need to utilize the Facebook Connect platform to enter. Enter the Contest by completing the entry and designing your fantasy spike using the custom-built tool found on the Contest application. Complete your entry by checking the box indicating your agreement to these Official Rules and clicking on the button found on the Contest page, to submit your entry. All entries and entry materials submitted are the property of the Sponsor.
LIMIT: One (1) entry per person during the Entry Period.
All valid entries will be posted to a gallery page on the Contest tab located at www.facebook.com/newbalancenationals for Open Public Voting to determine the Finalists (defined below) . "Open Public Voting" will take place 12:00:01 a.m. EDT on Tuesday, August 13, 2013 and end 11:59:59 p.m. EDT on Monday, August 19, 2013. The public's vote will be based on the following:
The sixteen (16) entries with the most votes will be finalists (the "Finalists") and will be entered into the championship bracket rounds described below in Section 4. In case of a tie, the Sponsor will cast one vote based on the same judging criteria above to determine a finalist.
The championship bracket rounds will consist of four (4) elimination rounds that consist of public voting and voting by a panel of qualified judges (selected by Sponsor). See table below for voting period.
Judging for the championship bracket rounds will be determined based on the following:
Each bracket round will be formatted in order of the number of votes received by each Finalist. The design with the most votes will get the #1 seed, the next fifteen (15) designs will get the next 15 seeds respectively.
For example, the following is bracket round #1 seeding format:
What is "seeding"? Seeding is a ranking system used to arrange a contest or tournament. It is called a seed because of the similarity with plants where the seed might grow into a top rank at the end of the contest, or might instead wither away. Entries are "planted" into the bracket that is typically intended so the best do not meet until later in the competition.
The voting periods for the championship bracket rounds are set forth below:
|Bracket Round:||Finalists public voting begins at 12:01 a.m. EDT||Finalist public voting ends at 2:00 p.m. EDT||Judges post bracket winner(s) on or about 9:00 p.m. EDT||Number of Finalists available to vote for:|
|Bracket Round #1||8/20/13||8/21/13||8/21/13||16|
|Bracket Round #2||8/22/13||8/23/13||8/23/13||8|
|Bracket Round #3||8/24/13||8/25/13||8/25/13||4|
|Bracket Round #4||8/26/13||8/27/13||8/28/13||2|
The Finalist with the highest score from the judges in each bracket round listed above will move forward to each successive bracket round. In the event of a tie, an additional "tie-breaking" judge will determine the Finalist who will proceed to the next bracket round (based on the above stated criteria). At the conclusion of bracket round #4 a prize winner will be determined and announced by phone or email Wednesday, August 28, 2013.
The prize winner will be notified by mail, telephone or email using the information provided on the official entry form. In the event the winner does not accept the prize, the winner is ineligible, or the prize or prize notification is not deliverable the prize will be awarded to the other entrant who advanced to bracket round #4. Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner.
The prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.
Entries made by any other individual other than the person named in the entry, or by any entity, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for the Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor or Administrator, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Sponsor, in its sole discretion, reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor.
Sponsor is not responsible for problems downloading or uploading of any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant's ability to participate in the Contest.
Only the prize listed below will be awarded in the Contest.
One (1) prize: The prize winner may select either a video or phone conference consultation with a New Balance spike designer to assist the winner in designing a spike (based on manufacturing feasibility) that will be awarded to each member of his/her fall 2013 high school cross country team (maximum of 20 pairs to be awarded).
Approximate retail value of each spike: $125.
Total approximate retail value of the prize not to exceed $2,500.
All other incidental expenses not mentioned herein are the responsibility of the prize winner. All taxes on prizes are the prize winners' sole responsibility. Prize is not transferable or redeemable for cash. Sponsor reserves the right to make equivalent substitutions as necessary, due to circumstances not under its control.
By entering, each entrant agrees on behalf of itself and each of entrant's heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS CONTEST ENTITIES, FACEBOOK, INC., AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, SERVANTS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, AGENCIES (ADVERTISING, PROMOTION, AND FULFILLMENT) AND LEGAL ADVISORS (collectively, the "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor's sole discretion.
Sponsor and Administrator reserve the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND ENTRANT HEREBY RELEASES THE RELEASED PARTIES FROM ANY CLAIMS ARISING FROM: (I) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTIONING OF ANY COMPUTER, CABLE, NETWORK, HARDWARE OR SOFTWARE; (II) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TRANSMISSIONS OR TELEPHONE OR INTERNET SERVICE; (III) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (IV) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; (V) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY, INCLUDING BUT NOT LIMITED TO ENTRANT'S COMPUTER, HARDWARE OR SOFTWARE, WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT'S PARTICIPATION IN THE CONTEST AND (VI) USE OF ANY PRIZE.
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (2) 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 Contest shall be governed by, and construed in accordance with, the laws of the COMMONWEALTH OF MASSACHUSETTS. By participating in this Contest, entrants agree that Massachusetts courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in Boston, Massachusetts .
For the name of the winners (available after August 28, 2013), send a self addressed stamped envelope to: "New Balance NBXC Colorwars Contest", PO Box 2242, Framingham, MA 01703-2242. Requests must be received within ninety (90) days of the announcement date of the winners.
© 2013 New Balance Athletic Shoe, Inc. All rights reserved. New Balance and the associated logo are registered trademarks of New Balance Athletic Shoe, Inc. The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship, and are the properties of their respective owners.
Gear up for a summer
throwdown—design your own cross-country spikes for this season. Choose the colors, add a personalized message and more. The spike is your canvas. And since this is Color Wars, there can only be one winner.