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 LFUSA.
High Water Festival Sweepstakes - Official Rules
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- Eligibility No purchase or payment of any kind is necessary to enter or claim prize. A purchase does not increase your chances of winning. High Water Festival Sweepstakes (the “Sweepstakes”) is open to all legal U.S. residents who are of legal age of majority in their state of residence (18), except Alabama and Nebraska (19), and Mississippi (21) at the time of entry. Employees of Onestop Internet Inc. (“Onestop”), High Water Festival ("High Water"), and The Frye Company ("Frye") (collectively, “Sponsors”), and their respective affiliates, partners, subsidiaries, franchises, distributors, advertising and promotion agencies, and the immediate families or household members of each are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter Standard Entry: To enter, visit www.thefryecompany.com/frye-high-water-festival-sweepstakes-2017 starting March 26, 2017 12:00 AM PST and complete the entry form through the sweepstakes page by providing your e-mail address. The deadline for entry into the Sweepstakes will be April 2, 2017 at 11:59 PM PST. Sponsors’ computer is the official time-keeping device for the Sweepstakes. Only one (1) entry per person/email address permitted during the entry period. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. All entries and requests become the property of Sponsors and will not be acknowledged or returned. In the event of a dispute over who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to show proof that he/she is the authorized account holder.
- Selection of Winner One (1) grand prize winner will be selected in a random drawing on or about April 2, 2017 at 11:59 PM PST, (from among all eligible entries submitted during the Sweepstakes Period) conducted by representatives of Sponsors. Winners will be notified by e-mail on or about April 2, 2017 and will be given instructions on how to claim the prize. Winners will be required to sign and return an affidavit of eligibility and liability release (and, where permitted, a publicity release) within five (5) business days of the date on the notification or prize will be forfeited and awarded to an alternate winner. If a winner cannot be contacted, fails to execute and return the requested documents within the required time period, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, winner forfeits the prize and Sponsors will select an alternate winner by random drawing. If the winner is considered a minor in his/her jurisdiction of residence, affidavit and release must be signed by the minor’s parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. Odds of winning depend on the number of eligible entries received. Winner is not an official winner (“Official Winner”) until Winner’s eligibility has been verified and Winner has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If Sweepstakes site fails for any reason, any entry received during that time will be deemed a defective entry.
- Prize One (1) grand prize winner will receive two (2) round-trip tickets to Charleston, South Carolina; three (3) nights accommodation at the The Restoration in Charleston (April 21-24); two (2) general admission passes to the High Water Festival (April 22-23); and one (1) pair of Frye boots and one (1) Frye bag for the winner and the winner’s guest. Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsors. Limit: One (1) prize per person/household. No more than the stated number of prizes in these official rules will be awarded. Winner will be responsible for all applicable federal, state and local taxes. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsors reserve the right to substitute prize for one of equal or greater value.
- Acceptance Official Rules As a condition of entry, you fully and unconditionally agree to these Official Rules and to the Sponsors’ decisions, which are final and binding in all respects.
- Entry Errors Sponsors are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries or information. Sponsors are not responsible if online service is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information, or (6) any printing or typographical errors. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes.
- Potential Winner Publicity. As a condition of entry, you grant Sponsors and their agents permission to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation. Liability. You agree that Sponsors and their subsidiaries and affiliated companies and all their advertising and promotion agencies will have no liability whatsoever in connection with this Sweepstakes and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may suffer as a consequence of your participation in the Sweepstakes or your acceptance, use or misuse of a prize.
- Conditions of Participation Conduct. Sponsors reserve the right in their sole discretion to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Sponsors reserve the right, but not the obligation, to award prizes in a random drawing from among the eligible entries received prior to the date of termination. Without limiting the foregoing, Sponsors reserve the right to disqualify any individual and may lock out any entrant who, in their sole judgment, tampers with the entry process or the operation of the Sweepstakes, who acts in violation of these Official Rules including acting in an unsportsmanlike or disruptive manner, or has questionable eligibility or is otherwise ineligible to enter. WARNING: Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Disputes/Choice of Law Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising 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 state or federal courts situated in Los Angeles, CA (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 attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. California law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.
- Sponsor This Sweepstakes is sponsored by: Frye, High Water Festival & Onestop Internet, Inc. (550 N. Continental Boulevard, Suite 130, El Segundo CA, 90260)
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.
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.
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.
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.
• 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.