Cole Haan #WriteNewRules Digital Poster Competition
By participating in the Competition, you agree to be bound by these Official Rule and the decisions of Cole Haan, which will be final and binding on all entrants. All federal, state and local laws and regulations apply. No purchase necessary to enter or win. Purchase of any product or service will not improve your chances of winning. Void where prohibited.
1. Sponsor. The #WriteNewRules Digital Poster Competition (the “Competition”) is solely sponsored by Cole Haan LLC., 150 Ocean Road, Greenland NH 03840 (“Cole Haan”). This Competition is in no way sponsored, endorsed, or administered by, or associated with Instagram.
2. Eligibility. The Competition is open worldwide for everyone who has an Instagram account. For the USA the Competition is only open to legal residents living in the 48 United States (excluding Rhode Island and Tennessee) and the District of Columbia, who are at least 18 years old at the time of entry. Employees, officers and directors of Cole Haan LLC (“Cole Haan”), Instagram, and their respective affiliates, subsidiaries, suppliers, dealers, advertising and promotional agencies, and their immediate family members and persons living in their same household are not eligible to enter. Bloggers and influencers with whom Cole Haan has partnered and/or provided products in exchange for social media exposure are also excluded. Cole Haan’s determination of eligibility, in its sole discretion, shall be final.
3. How to Enter. Between September 29, 2020, 06.00 AM EST and October 6, 2020, 06.00 AM EST (the “Entry Period”), create a digital poster promoting how to “Write The Rules” (a “Post”), and upload the Post to Instagram as follows: (1) login to your Instagram account; (2) follow Cole Haan on Instagram; and (3) upload the Post. The post must tag @colehaan and include the hashtags #WriteNewRules #Contest. You may tag yourself in the Post, but the Post may not include any other tags, and may not identify any other brand or third-party website. You can create an Instagram account for free by visiting www.instagram.com. Entries from Instagram users with “protected” accounts that only permit approved users to view posts may not be received by Cole Haan.
a. Inappropriate Content. Entries that do not comply with these Official Rules, or that otherwise contain incomplete, prohibited, inappropriate, offensive, infringing or otherwise unacceptable content as determined by Cole Haan, in its sole discretion, will be disqualified (without notice to you). Cole Haan reserves the right, in its sole discretion, to disqualify any entrant whose participation may subject the Competition, Cole Haan or its advertisers, suppliers or customers to controversy, embarrassment or negative publicity.
All rights, requirements, and other provisions in these Official Rules concerning Posts shall extend to all Posts, all corresponding caption or tags or other content, and all other materials developed in connection with the Competition, regardless of whether they are developed by the entrant or another person or entity. Entries will be deemed made by the authorized account holder of the Instagram account used to upload the Post, at time of entry. Multiple participants are not permitted to share the same Instagram account. Limit one (1) entry per person. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
b. Rights. Each entrant must have all rights in and to his/her Post, which includes the rights to use all imagery, likenesses, photographs, graphics, artwork, and other components included therein, at of the time of entry (together “Rights”). By uploading a Post, each entrant represents and warrants that: (a) the Post is completely his/her original work of authorship, creation, or invention; (b) he/she is the exclusive owner of the Rights related to the Post; (c) no other person or entity is entitled to any payment for the use of the Post or has any right or interest in and to the Post; (d) the Post will not contain identifiable people. A Post must not have been, and may not be, entered in any other Competition (including this Competition) or previously published. Modifying, enhancing, altering, including, or showing in any way a third party’s preexisting work does not qualify as an entrant’s original creation. By uploading a Post, each entrant grants to Cole Haan a perpetual, royalty-free, assignable, sublicenseable right to the Rights and to use the Post for any purpose. Each entrant agrees to indemnify and hold harmless Cole Haan and its third-party service providers from and against all claims or damages arising out of the use of such entrant’s Post, including, without limitation, all claims that the Post violates the intellectual property rights, publicity rights or privacy rights of a third party. Cole Haan reserves the right to void and/or disqualify any entry if the entry or Post is found in Cole Haan’s sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied or fraudulent, to infringe upon existing Rights of others.
c. Reservation of Rights. Cole Haan grants to entrants no license to use any Cole Haan trademark and to display the Cole Haan footwear. Entrants may not use their Posts except as part of the Competition, including, without limitation posting their Posts on social media or for commercial gain.
d. Third Parties. Posts may not show the image or other likeness of any identifiable person.
e. Instagram. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating in the Competition you release Instagram from all liabilities that might arise from your participation in the Competition.
4. Prize-Winner Selection. Judging for the contest will take place in two stages.
a. Stage 1: First, a panel of qualified judges employed by Cole Haan will select 16 semi-finalist Posts based on the following judging criteria, each weighted in equal percentages: (a) the creativity and originality of the Post; (b) the applicability of the written rule to the new ways of working; and (c) the overall design aesthetic of the items featured in the Post. The decisions of the judges are final and binding.
Semi-finalists, at the sole option of Cole Haan, may be required to execute a declaration and release (“Semi-Finalist Form”), which may include a liability waiver, waiver or assignment of intellectual property rights, and a publicity release. Any Semi-Finalist Form must be returned within five (5) days after it is sent to each respective semi-finalist. Failure to timely submit a signed release may result disqualification of a semi-finalist, in which case the judges will select a replacement semi-finalist. Any third-parties shown in the semi-finalist posts may also be required to sign consent forms granting Cole Haan the rights to use their likenesses. Semi-finalists may also be required to provide Cole Haan with proof that they are the authorized account holder of the Instagram account associated with their entries.
b.Stage 2: Cole Haan will then randomly assign the 16 semi-finalists to a playoff-style set of brackets, in which they will be divided into head-to-head contests (“Contests”) until a winner is determined.
Cole Haan will feature each Contest in an Instagram story. Viewers will judge the Posts using Instagram Story’s voting feature. Each vote will count as one (1) point. The Post in each Contest with the most points will proceed to the next round.
- Day 1: On October 12, 2020 the 16 semi-finalist Posts will be divided into eight Contests. The eight Posts that win this round will proceed to the next round.
- Day 2: On October 13, 2020 the eight remaining posts will be divided into four Contests. The four Posts that win this round will proceed to the next round.
- Day 3: On October 14, 2020 the four remaining posts will be divided into two Contests. The two Posts that win this round will proceed to the next round. The two Posts that lose this round will be the “Second-Runners Up.”
- Day 4: On October 15, 2020 the two remaining posts will compete in a final Contest. The Post that wins this round will be the “Winner.” The Post that loses this round will be the “Runner Up.”
5. Prize. Prizes will be awarded to the Winner, Runner Up, and each Second-Runner Up (together, the “Prize-Winners”) as follows, assuming they satisfy all requirements set forth in these Official Rules.
- Winner: $1,500 (or equivalent in local currency), a $500 Cole Haan gift certificate, and a pair of 4.ZERØGRAND shoes (total approximate Retail Value: $170 USD – $230 USD).
- Runner Up: $1,000 (or equivalent in local currency), a $250 Cole Haan gift certificate, and a pair of 4.ZERØGRAND shoes (total approximate Retail Value: $200).
- Second Runners Up: will each receive $250 Cole Haan gift certificate and a pair of 4.ZERØGRAND shoes (total approximate Retail Value: $200).
No cash redemption, transfer or prize substitution will be allowed, except by Cole Haan, which reserves the right to change or replace the prize with prize(s) of comparable or greater value at any time. Any costs or expenses incurred by Prize-Winner(s) in claiming or using their prize(s) will be the sole responsibility of the Prize-Winner(s). All federal, state, local or other applicable taxes in connection with the receipt of the prize are the sole responsibility of the Prize-Winners. For non-US residents we note that the value of the prizes might be maximized under the applicable laws of the country you live in. In such case Cole Haan is entitled to change the prizes in accordance with the laws of the country where a winner is residing.
6. Notification of Prize-Winners. Cole Haan will announce the Prize-Winners on Instagram via an Instagram post, Instagram story, or an email. Cole Haan will also send each Prize-Winner a direct message via Instagram containing instructions on how to claim the prize (the “Notification”). Each Prize-Winner must follow instructions on the Notification to claim the prize. This will include providing Cole Haan with his/her first and last name, date of birth, complete address, city, state, and ZIP code, telephone number, and e-mail address. Cole Haan is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner.
The prizes must be claimed within thirty (30) days of the date that Cole Haan sends each respective Prize-Winner a Notification. If a Prize-Winner cannot be contacted, is ineligible, fails to timely claim the prize, or forfeits the prize, within the specified timeframe as required, or if the Notification or prize is returned as undeliverable, the prize will be forfeited, in which case, Cole Haan may, but is not required to, name a substitute Prize-Winner, in its sole discretion.
7. Cole Haan’s Use of Posts. By entering the Competition, each entrant hereby grants to Cole Haan an irrevocable, perpetual, royalty-free, worldwide, unlimited, non-exclusive, sub-licensable unrestricted right and license to use, review, reproduce, modify, distribute, publicly display, publicly perform, commercialize, and create derivative works of the Post, in whole or in part, in all media now existing or later developed without expectation of compensation or acknowledgement (other than the prize, if any, that is awarded as set forth in these Official Rules), for any purposes directly or indirectly related to this Competition, and in any format or medium now existing or later developed. Cole Haan shall have no obligation to attribute any Post to any entrant. Cole Haan may, in its sole discretion, and without providing notice to or receiving consent from an entrant, modify, change, adapt, or otherwise alter a Post before using the Post in subsequent marketing material. Entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Post. The rights granted under this Section are without compensation or notification to the entrant of any kind, except as required by law.
8. Cole Haan’s Use of Likeness. By entering the Competition, each entrant hereby irrevocably consents, to the extent permitted by law, to the unlimited reproduction, distribution, display, performance, and other use by Cole Haan and its successors and assigns of his/her name; Instagram handle; photograph, likeness, biographical information; and all of his/her other personal or commercial attributes or identifying features (each, a “Likeness”), for any purposes, including commercial purposes, directly or indirectly related to this Contest, and in any format or medium now existing or later developed. Each entrant hereby waives any and all rights of publicity and rights of privacy associated with Cole Haan’s use of a Likeness. The rights granted under this Section are without compensation or notification to the entrant of any kind, except as required by law, and shall extend to all entries, all other materials submitted by the entrant, and all other materials developed in connection with the Competition, regardless of whether they are developed by the entrant or another person or entity.
By entering this Competition, you are providing information to Cole Haan.
10. Internet/General Provisions. Cole Haan is not responsible for entries that are late, lost, tampered with, illegible, unintelligible, incomplete, garbled, delayed, mutilated, forged, destroyed, stolen, misdirected, undeliverable or otherwise not in compliance with these Official Rules, and such entries will be disqualified. Cole Haan may, in its sole discretion, modify, suspend, or terminate the Competition at any time, and for any reason that it may determine in its sole discretion. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, COLE HAAN RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes/Choice of Law By participating in the Competition, you agree to release Cole Haan and Instagram, and their parent companies, subsidiaries, affiliates, related companies and advertising and public relations agencies, and each of their respective officers, directors, employees and agents (“Released Parties”) from any and all liability, loss or damage of any kind (including punitive damages) arising out of or in connection with your participation in this Competition or with respect to awarding, receipt, possession, use and/or misuse of any prize. The prizes are awarded on the condition that the Released Parties will have no liability whatsoever for any injuries, losses or damages of any kind resulting from participation in the Competition or from acceptance or possession of the prize. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Competition, or in the announcement of the prize. You may be prohibited from participating in this Competition if Cole Haan reasonably believe that you have attempted to undermine the legitimate operation of this Competition in any way. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York.
12. Winner List/Copy of Official Rules. To receive the name of the prize winner or a duplicate copy of these Official Rules, send the request and a separate, self-addressed, stamped (#10) envelope before October 16, 2020 to: Write New Rules Digital Poster Competition, c/o Cole Haan LLC (Marketing Department), 45 West 18th Street, New York, NY 10011, USA.