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Terms & Conditions

2020 Sperry John Legend Holiday Edit Virtual Concert Giveaway Contest– Official Rules

1. Description. 2020 Sperry John Legend Holiday Edit Virtual Concert Giveaway Contest (the “Contest”) begins at 12:00 am EST on November 5, 2020, and ends November 8, 2020 at 11:59 pm EST (the “Contest Period”). By participating in the Contest, participants (if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor (as defined in Section 10), which shall be final and binding in all respects. Receipt of a prize is contingent upon fulfilling all requirements set forth herein.

2. Eligibility. NO PURCHASE NECESSARY. Must be 16 years or older at the time of entry “Entrant” and a legal resident of the fifty (50) United States (including the District of Columbia). Employees, officers, and directors of Sponsor, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings, and grandparents) and household members of each such employee, officer, and director are not eligible. Void where prohibited by law. All federal, state and local laws, rules and regulations apply.

3. How to Enter. To enter, you must, during the Contest period: (a) have an Instagram account, (b) like the designated Contest Instagram post, (c) follow the @sperry account on Instagram, and (d) tag three (3) other Instagram accounts in the comments of the designated Contest Instagram post. LIMIT ONE (1) ENTRY PER PERSON. Incomplete entries and those containing invalid e-mail addresses will be disqualified and removed from the Contest. Any attempt to enter using multiple/different email addresses, social media account names, identities, registrations and logins, or any other methods will void all of an entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

Entries become the exclusive property of Sponsor and will not be acknowledged or returned. By entering the Contest, you grant Sponsor a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, and otherwise use your Entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its goods or services. You further agree that Sponsor may use your name, likeness, and written entry all without further consent from or payment to you.

4. Representations and Warranties. By participating in the Contest, you warrant and represent that: (a) the Entry is your original work, and you are the sole and exclusive owner of all intellectual property rights in and to the Entry; (b) use of the Entry as described in these Official Rules will not infringe the intellectual property or other rights of any third party, or violate any federal, state, or local laws or ordinances; (c) the Entry is not obscene or libelous, and does not contain anything false, defamatory or derogatory; (d) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Contest; and (e) you have the right to grant the license in Section 3 above. Entries not satisfying these criteria in any respect will be disqualified and removed from the Contest.

5. Winner Selection. Following the Contest Period, Sponsor will conduct a random drawing to select ten (10) Grand Prize Winners from among all qualified Entries received during the Contest Period. Odds of winning a prize depend on number of eligible Entries received. Prize winners will be notified through Instagram direct message and/or email, and may be required to complete and return an eligibility affidavit and liability/publicity release. If a potential winner cannot be contacted within forty-eight (48) hours after Sponsor’s first attempt, does not meet the eligibility criteria, does not fully comply with these Official Rules, or fails to sign and return the affidavit and/or release, then the potential winner forfeits the prize and an alternate winner will be selected. If a prize winner is considered a minor in his or her jurisdiction of residence, the prize will be awarded in the name of, or to, the winner’s parent or legal guardian, who must accept the prize, execute any required documents, and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and winner, or the prize may be forfeited and awarded to an alternate winner. Under no circumstances will a prize be awarded as the result of an entry by an individual under 16 years of age. /p>

6. Prizes. Ten (10) Grand Prizes: each consisting of one (1) virtual ticket to access an exclusive private concert performed by John Legend. Approximate Retail Value (“ARV”) of each Grand Prize is US$300. Additional terms and conditions may apply to any gift cards, promotional codes, or similar prizes awarded. Prizes are non-transferable, and may not be substituted for cash. Sponsor, in its sole discretion, may substitute a prize (or prize component) of equal or greater value due to unavailability of prize (or prize component) for any reason.

7. General Conditions. All taxes and other expenses are the sole responsibility of the winner. Grand Prize winner and his or her guests will be required to execute a liability and/or publicity release before being admitted to the party. Neither Sponsor nor Instagram are responsible or liable for, and entrants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) completely release and hold Sponsor, and Instagram, harmless against: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost Entry Forms; (b) network, internet, or computer malfunctions or damage related to or resulting from participating in the Contest; (c) any condition caused by events beyond the control of Sponsor which may cause the Contest to be disrupted or corrupted; or (d) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper with this Contest, including but not limited to using automated processes for entry, will be ineligible. If for any reason the Contest is not capable of running as originally planned, including but not limited to technical corruption or non-authorized human intervention, Sponsor in their sole discretion reserve the right to modify or cancel the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.7. General Conditions. All taxes and other expenses are the sole responsibility of the winner. Grand Prize winner and his or her guests will be required to execute a liability and/or publicity release before being admitted to the party. Neither Sponsor nor Instagram are responsible or liable for, and entrants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) completely release and hold Sponsor, and Instagram, harmless against: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost Entry Forms; (b) network, internet, or computer malfunctions or damage related to or resulting from participating in the Contest; (c) any condition caused by events beyond the control of Sponsor which may cause the Contest to be disrupted or corrupted; or (d) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper with this Contest, including but not limited to using automated processes for entry, will be ineligible. If for any reason the Contest is not capable of running as originally planned, including but not limited to technical corruption or non-authorized human intervention, Sponsor in their sole discretion reserve the right to modify or cancel the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

7.2 In the event ( Brand ) requests your bank account details to issue a refund, Please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.

8. Release/Disputes. By receipt of any prize, winner (or, if a minor in his/her place of residence, the winner’s parent or legal guardian on his or her behalf) agrees that Sponsor, Instagram, John Stephens (professionally known as John Legend), their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Contest. As a condition of participating in the Contest, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved on an individual basis, without resort to any form of class action. This means neither you nor Sponsor may join or consolidate claims in arbitration or court by or against any other person or entity, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. In addition, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in Michigan within two hundred miles of Grand Rapids, Michigan by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest). Entrant further waives all rights to have damages multiplied or increased.

9. Winners List. Names of prize winners may be requested by sending a self-addressed, stamped envelope by December 31, 2020 to Sponsor to the attention of “John Legend Holiday Edit Virtual Concert Giveaway”

10. Sponsors/Administrators. The Sponsor and Administrator of this Contest is Sperry, a division of Wolverine World Wide, Inc., 9341 Courtland Drive NE, Rockford, Michigan 49351 (“Sponsor”). This Contest is not in any way sponsored, endorsed, administered by or associated with Instagram.

11. Privacy Policy. By participating in this Contest, entrants agree to the collection and use of their information in accordance with Sponsor’s Privacy Policy, available at www.sperry.com, including receiving marketing messages as set forth in such policy. Entrants understand and acknowledge that they are providing information solely to Sponsor.

1. GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you agree to be bound by and subject to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.

2. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Sperry Australia and its suppliers, content providers and advertisers are hereby expressly excluded from being subject to any conditions, warranties and other terms or obligations which might be imposed by statute, common law or equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials or products posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Sperry Australia’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.

3. ACCEPTANCE

The Sperry Australia Website and online store (collectively, our “Website”) is owned and operated by RCG Brands (Australia) Pty Ltd trading as 'Sperry Australia' (ABN 96 125 433 972) with our support office located at 719 Elizabeth Street, Waterloo, NSW, Australia.

Access and use of the Sperry Australia Website is conditional upon your acceptance and compliance with the Terms of Service. You should read them thoroughly before using our Website and online store, or any Services provided through our Website. Your use of the Sperry Australia Website constitutes your agreement to the Terms of Service.

Sperry Australia reserves the right to amend the Terms of Service at any time and without notice to you. Sperry AU may change the Terms of Service from time to time, and your continued use of our Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the Terms of Service as so amended. We will always publish a link to our current Terms of Service from the Website homepage at www.sperry.com.au.


The Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria in Australia.

4. PRIVACY POLICY

Our Privacy Policy, which sets out how we will use your information, can be found here. By using our Website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

5. PERSONAL INFORMATION

Although not compulsory, you may create a customer account on our Website to make a purchase.  However, you must create a Sperry Australia account to engage with the Sperry Australia community to make comments on our Website.

As an account holder you must provide Sperry Australia with accurate personal information including a valid email address. Provision of another person’s details as your own is not acceptable and may result in Sperry Australia cancelling your account.

As an aide to fraud prevention we may require proof of identification of the holder of a credit card being used to make a purchase prior to releasing the order.

Any personal information collected by Sperry Australia shall not be disclosed to any third party unrelated to Sperry Australia's business unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure. For more information, refer to our Privacy Policy. Note that by providing us with your personal information, you agree to that information being collected and used in accordance with our Privacy Policy.

6. SECURITY OF YOUR ACCOUNT

If you create an account with Sperry Australia, you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.

Each time your password is used, you will be deemed to have authorized access to and use of our Website in a manner consistent with these Terms of Service. This means that you are responsible for any products purchased using your account details.

You must notify Sperry Australia if at any time you believe someone has access to your password. You may be asked to verify your identity when you contact our Customer Care Team for access to order information, personal information or any other information relating to your account and its use.  

7. TERMS OF SALE

By placing an order, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

A. PRICING & AVAILABILITY

While we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

All prices on our Website are quoted in Australian dollars and include GST.

All prices are subject to change. All prices displayed on our Website are only valid online at the time shown.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Sperry Australia attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown. If an ordered item isn't available or we are unable to fulfil your order we may attempt to arrange an alternative item or will provide a full refund.

B. PAYMENT

Credit card information provided to Sperry Australia for the purchase of goods is protected. Sperry AU is a secure site protected with a Digicert SSL certificate. Sperry Australia does not under any circumstances store credit card details. This type of security ensures your order and payment details are encrypted and remain secure over the internet.

Provision of credit card information as payment for any products constitutes an agreement for your purchase of the selected products. We accept payment by Visa, MasterCard, American Express (AMEX), PayPal and Afterpay. You must comply with the applicable terms and conditions of these providers.

We also accept payment by Gift Cards online.

You must not pay or attempt to pay for any products using fraudulent credit card information.

C. DELIVERY

Dispatch times may vary according to availability. Any specifications made as to delivery times may be subject to delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery page for further information.

We currently only deliver to Australian addresses only.

D. RETURNS

An authorisation request must be made through our Customer Care team for all returns of items purchased online before the goods are posted back to Sperry Australia. When returning purchases made online, the products must be unworn and in their original condition and original packaging. You are liable for the postage cost of returning products purchased on this Website.

If the product is faulty when you receive it you may choose to return the product to Sperry Australia for a full refund. Faults will be assessed by our Customer Care Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. Refunds made under this clause are subject to clause e. below. For more information on our online and store returns policy, please refer to our Returns page for further information.

E. REFUNDS

Refunds will only be issued in accordance with our online returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternative account if the original account has been cancelled or is not available. Please note, any delivery cost incurred on the original order cannot be refunded and will be at the loss of the customer.

Sperry Australia will not consider requests for refunds after 30 days of purchase unless the product is deemed faulty by our Customer Care Team.

F. LOSS OF GOODS

The risk of loss of goods shall be passed to you upon our delivery of the product to Sperry's nominated delivery company, unless the loss of goods was caused by the nominated delivery company, at which point, Sperry Australia will take reasonable steps to recover or replace the lost goods.

G. ORDER CANCELLATIONS

Subject to clause a. above, once you have placed your order, Sperry Australia is unable to add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order. We reserve the right to cancel your order if:

  • You provide an unauthorized credit card;
  • We are unable to process payment on the credit card provided;
  • You have provided invalid personal details;
  • If, when required, you cannot provide acceptable proof of identity;
  • The product has become unavailable;
  • If, for any reason, we don't reasonably believe we can successfully complete delivery

Our Customer Care Team will attempt to notify you before cancelling your order.

H. ONLINE PROMO CODES

We may from time to time offer online promotional discount codes (“Online Promo Codes”), which may apply in respect of any, or certain specified, purchases made though our Website. The conditions of use relating to any Online Promo Code will be specified at the time of issue. These Online Promo Codes cannot be transferred or used for purchases in-store.

Some Online Promo Codes may have a minimum spend (e.g. only available if you spend a specified amount), apply only to a specific product, or group of products, be available for a limited time or specified date range, and/or be only available to a specific customer group (eg. Students). Specific details regarding this will be provided with your Online Promo Code.

If we have reason to suspect an attempt to deceive or defraud Sperry AU through the use of an Online Promo Code, we reserve the right to deny use of the Online Promo Code, and/or request an alternative means of payment.

If the credit of an Online Promo Code is insufficient to complete an order, you can choose another accepted method to pay the balance outstanding. This could include an accepted credit card where applicable.

8. PROMOTIONS

Sperry Australia runs consumer promotions and competitions from time to time. Each consumer promotion or competition will have specific terms and conditions. Please refer to the terms and conditions of each individual consumer promotion or competition for more details.

If we run a competition where the entries will be judged, and a winner is then chosen, the entries will be judged by Sperry Australia. Sperry Australia decision is final, and no correspondence will be entered into. The prize only includes what is expressly stated to be part of the prize and is not transferable. No cash alternative is available.

You are responsible for providing us with accurate and up-to-date contact details. We will not be liable for any failure, delay or inability to contact you. Winners will have 7 business days to claim their prize, at which time the prize will be redrawn.

If you are a potential winner, we will contact you at the email address you provided, or we will contact you through other means which are specified in the individual consumer promotion or competition terms and conditions. We will contact you within 48 hours of the winner being drawn and may ask you to verify your personal details.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers or any persons contact with the promotion of a competition.

Incomplete or indecipherable entries will be deemed invalid. Sperry Australia reserves the right to disqualify any entrant who submits and entry that is not in accordance with these terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

By entering into a Sperry Australia promotion or competition, you give Sperry Australia your consent to the recording of your email address on Sperry Australia's marketing mailing list and the receipt of marketing communications from us. You may unsubscribe at any time by clicking the 'Unsubscribe' link at the bottom of our newsletters.

Entry into a consumer promotion or competition is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

9. REVIEWS & COMMENTS

You may post reviews and make comments about the content of our Website. The reviews and comments however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Sperry AU reserves the right to remove such comments at any time without notice to you.

If you post a comment, and unless we indicate otherwise, you grant Sperry Australia a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on our Website and on any other marketing material Sperry may create.

10. PROHIBITIONS

You must not misuse our Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

11. INTELLECTUAL PROPERTY, SOFTWARE & CONTENT

The intellectual property rights in all software and content made available to you on or through this Website remain the property of RCG Brands Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the World. All such rights are reserved by RCG Brands Pty Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

12. LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our homepage on any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

13. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES & THIRD-PARTY COPYRIGHT

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on our Website are in no way associated, linked or affiliated with Sperry Australia and you should not rely on the existence of such a connection or affiliation. Trademarks or brand names featured on our Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Sperry Australia.

14. INDEMNITY

You agree to indemnify, defend and hold harmless Sperry Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms of Service.

15. SECURITY

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this Website. Sperry Australia makes no warranty regarding the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorized access of the information you provide.