Terms & Conditions

TERMS OF USE

Please read the following general terms and conditions of use carefully before using TheFryeCompany.com. ("Website"). By using this Website or downloading materials from it, you agree to abide by these terms and conditions of use. If you do not agree to these terms and conditions of use, do not use this Website.

This Website is provided by The Frye Company ("Frye"). Frye is a division of GBG USA, Inc.

We Want Your POV Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: We Want Your POV Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (except Rhode Island) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of The Frye Company (“Sponsor”) and any of its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
  2. Agreement to Official Rules: Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
  3. Timing: a. Sweepstakes Period: The Sweepstakes begins on May 1, 2017 and ends on June 15, 2017. b. Winner Notification: A winner will be selected and announced on or about June 21, 2017.
  4. Prize: Winner will receive a $300 Frye Gift Card. Retail value of prize is: $300. All fees, federal, state and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner. Gift Card terms and conditions apply. Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Sponsor reserves the right to substitute any prize, or portion thereof, with a prize of comparable or greater value, in its sole discretion. Sponsor will not replace lost or stolen prize items.
  5. To Enter: There are two (2) ways to enter the Sweepstakes: (1) Product Review: Log on to www.thefryecompany.com during the Sweepstakes Period and either sign in if you are already a registered customer or register with www.thefryecompany.com. There is no cost to register. Then, post a review of any product you have used (giving your honest assessment of the product) and you will be automatically entered into the Sweepstakes. Each product review will constitute one (1) entry. All product reviews are subject to The Frye Company’s Terms of Use and Customer Rating and Review Terms and Conditions, available at http://www.thefryecompany.com/terms (the “Product Review Terms”). All product reviews must be in English. Sponsor does not guarantee the public posting of any product review and reserves the right, in its sole discretion, not to post a review for any reason, including, but not limited to, if a review contains any of the following types of content: any content that infringes upon the copyrights of any third parties; contains obscene, lewd or offensive language; comments on other retailers or websites; comments on competitive products or other products, pricing or availability (“Prohibited Content”). An entrant will not receive an entry if their product review contains Prohibited Content or does not comply with the Product Review Terms. (2) Mail-In Free Method of Entry: To enter without providing a product review: On a 3" x 5" piece of paper, hand-print your full name, complete address, e-mail address, daytime and evening telephone numbers (area codes included), and mail entry in a properly stamped envelope to: The Frye Company, c/o Marketing/ We Want Your POV Sweepstakes, 350 Fifth Ave, New York, NY 10118. Mail-in entries must be postmarked by June 15, 2017, and received by June 20, 2017, to be eligible. Limit one (1) entry per stamped outer envelope. All mail-in entries must be mailed in separately. Any mail-in entry with incomplete information will be considered ineligible. No facsimile entries or photocopies/mechanically reproduced entries allowed. Sponsor is not responsible for lost, late, illegible, invalid, misdirected, mutilated, incomplete, or postage-due mail/entries, which will be disqualified. Mail-in entries become property of Sponsor and will not be returned. Limit: maximum of ten (10) entries per person during the Sweepstakes Period, regardless of method of entry. By submitting a product review as part of an online entry, entrant hereby grants permission, without limitation to other rights granted hereunder, for the product review to be posted on www.thefryecompany.com or other Sponsor websites or social media accounts. Entrant agrees that Sponsor is not responsible for any unauthorized use of product reviews by third parties. Multiple reviews of the same product are not valid. "SPAM" or fraudulent product reviews and non-product review entries will not be posted or accepted and all entries from any such user will be void. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Entrants may not submit product reviews or non-product review entries with multiple email addresses nor may entrants use any device or artifice to submit product reviews or non-product review entries multiple times or as multiple entrants. Any entrant who attempts to submit multiple entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes, and all product reviews and entries submitted by that entrant will be void.
  6. Drawing: One (1) winner will be selected in a random drawing on or by June 21, 2017 from all eligible entries received. Odds of winning will be determined by the number of eligible entries received.
  7. Notification: Potential winner will be notified by e-mail and must respond to accept or decline the prize within five (5) days of notification. If a potential winner cannot be contacted, does not timely respond or if prize or prize notification is returned as undeliverable, an alternate potential winner will be selected. Upon prize forfeiture, no payment or other compensation will be made to the original potential winner. Recipient of such notification (parent/legal guardian if potential winner is a minor in his/her state of residence) may be required to sign and return an affidavit of eligibility, liability and publicity release within five (5) days of acceptance or an alternate potential winner may be selected. In the event of noncompliance with this or any other requirement, the non-complying potential winner will be disqualified.
  8. Release: By participating, entrants agree to these Official Rules and agree to hold harmless The Frye Company and its respective parents, subsidiaries, affiliates, divisions and related companies, together with their respective officers, directors, employees, agents, successors, assigns and licensees of each of them, and those companies supplying prizes (collectively the "Released Parties") from any liability for losses, damages or injuries arising in connection with their participation in the Sweepstakes or the award or use of a prize.
  9. Publicity: Acceptance of a prize constitutes consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, (including but not limited to internet and television broadcast) without further consent or compensation except where prohibited.
  10. General Conditions: Sponsor reserves right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, it its sole discretion, determine the winner among the non-suspect, eligible entries received up to time of such action. Sponsor, in its sole discretion, reserved the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CILVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute waiver of that provision.
  11. Limitation of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Sweepstakes; (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 of the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing or random selection of entries, the announcement of the Prizes or in any Sweepstakes -related materials; (5) late, lost, undeliverable, damaged or stolen mail; (6) 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 this Sweepstakes or receipt or use or misuse of any prize; (7) costs associated with claiming or redeeming the prizes; nor (8) loss or damages resulting from an entrant’s connection to the internet via any of the websites contained herein. Released Parties are not responsible for any incorrect, mistranscribed, misdirected or undeliverable entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user's Internet service provider and/or E-mail client or for insufficient space in user's E-mail account to receive E-mail. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data that is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Released Parties are not responsible for any unauthorized third party use of any entries.
  12. Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as amended from time to time), currently available at http://www.thefryecompany.com/privacy-policy; provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of the Official Rules shall prevail.
  13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and cause of action rising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in Manhattan, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorney’s fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all right 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 the Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  14. Winner List: To request the winner list (available for 90 days from the date of verification of the winner), send a self-addressed, stamped envelope to: The Frye Company, c/o We Want Your POV Sweepstakes Winner/Marketing, 350 Fifth Ave, New York, NY 10118.

The Frye Company, a division of GBG USA Inc., has exclusive rights to the Frye mark and related marks. All rights reserved.

Limited License

Subject to the terms and conditions set forth herein, Frye grants you a non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of this Website in any way. Frye authorizes you to view and download the information ("Materials") from this Website only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials, or copies of the Materials, and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person. 

Intellectual Property Information

This Website, including all Materials, is copyrighted by Jimlar and protected by United States and international copyright law including all treaties to which the United States is a party. You agree to comply with all such copyright laws in your use of this Website and to prevent any unauthorized copying of the Materials. Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Frye.Copyright infringement is a violation of federal law subject to criminal and civil penalties. Except as expressly provided herein, Jimlar does not grant any express or implied right to you under any copyrights, patents, trademarks, trade secret or other proprietary information.FRYE, FRYE & FF Design, FF Design, CAMPUS™ and SMALL FRYE are registered trademarks of Jimlar.

Disclaimer

INFORMATION, MATERIALS, AND SOFTWARE AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FRYE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE, OR OTHER WEBSITES WHICH MAY BE ACCESSED FROM THIS WEBSITE. INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FRYE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. FRYE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. FRYE MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

International Users

This Website is controlled, operated, and administered by Frye from its offices in the United States of America. Information that Frye publishes on this Website may contain references or cross-references to programs and services that are not announced or available in your country. Such references do not imply that Frye intends to announce such products, programs, or services in your country.

Third Party Links

Frye makes no representations whatsoever about any other website which you may access through this Website. When you access any such other website, please understand that it is independent from Frye, and that Frye has no control over the content on that website. In addition, a link to a non-Frye website does not mean that Frye endorses or accepts any responsibility for the content and/or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Information provided by you

Frye does not want to receive confidential, proprietary, or trade secret information, including but not limited to materials, suggestions, ideas, or comments, through this Website from you ("User Generated Content"). Please note that any such User Generated Content sent to Frye will be deemed non-confidential. Moreover, by submitting such User Generated Content, you are granting Frye an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating feedback.

Governing Law

These Terms and Conditions of Use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.

Terms and Conditions for the "Fans of Frye"™ Facebook Page

The "Fans of Frye"™ Facebook Page is intended to provide a place for fans of The Frye Company ("Frye"), Frye footwear and accessories, and promotions. Frye is a division of Jimlar Corporation ("Jimlar”), a division of LF USA Inc. All comments, visuals, videos and other type of material posted by fans on this site ("User Content") do not necessarily reflect the opinions or ideals of Frye or Jimlar, its employees or affiliates. Frye and Jimlar (a) do not represent or warrant the accuracy of any statement or product claims made here, (b) are not responsible for any User Content on this site, and (c) do not endorse any opinions expressed on this fan page.

All users must comply with Facebook's Terms of Use and Frye's Terms of Use for the "Fans of Frye"™ Facebook Page. Frye does not monitor every posting of User Content on the "Fans of Frye"™ Facebook Page. Frye expects, however, that users will not post any materials that:

• are libelous, defamatory, obscene, harmful, pornographic, promoting violence, or represent infringement of privacy;

• infringe any third party commercial protected rights;

• contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

• provide any links to any third party websites that contain materials that are libelous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy, or that infringe third party commercial protected rights or that contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

• advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or

• solicit any financial funds.

Frye reserves the right to remove any material that it, in is sole discretion, does not deem to be compliant with these Terms and Conditions.

If you post User Content to the "Fans of Frye"™ Facebook Page, such content will not be treated as confidential. You will retain ownership of any User Content you have posted, but by submitting content, you (or, if a minor, your parent or legal guardian) agree that Frye and Jimlar, its subsidiaries, affiliates, their respective successors, assigns and those acting under their permission (collectively, the "Jimlar Group") shall receive an irrevocable, perpetual, global and royalty-free license, to use, broadcast, publish, modify, and create derivative works of such User Content for advertising, promotion, publicity, trade, merchandising, packaging, public relations and media purposes, and for any other lawful purposes whatsoever, in all media now known or hereafter developed, with or without attribution to you.

You expressly release and hold harmless the Jimlar Group, its officers, agents, employees and those acting under its authority, from any and all claims and liabilities of any kind arising out of or in connection with the User Content. This release shall be binding upon your heirs, administrators, executors and assigns. FRYE, FRYE & FF Design, FF Design, CAMPUS™ and SMALL FRYE are registered trademarks of Jimlar.