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.
Hunger Action Month Photo Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Frye Company Hunger Action Month Photo Contest entry period starts on September 8th, 2016 at 12:00 a.m. Eastern Time (“EST”) and ends on September 30th, 2016 at 11:59 p.m. EST (the “Entry Period”).
ELIGIBILITY: The Contest is open to residents of the 50 United States and the District of Columbia (except Rhode Island) who have reached the age of majority in their state as of the start of the Entry Period. Entrants must have a valid Instagram account in order to enter. Employees, directors, officers, agents and other representatives of Frye Retail LLC, its parents, subsidiaries, or affiliates (the “Sponsor”) or Instagram, are not eligible to enter or win. The Contest is subject to all applicable federal, state, and local laws and regulations. VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.
HOW TO ENTER:
- Upload an original photo to Instagram (BONUS — head into one of our FRYE stores; they will have empty plates for you to write your response on)
- Write your response to what you “can’t do on an empty stomach” and what you “can do to help end hunger”
- Use #FRYEFightsHunger and #HungerActionMonth in the caption
- Tag @thefryecompany and @feedingamerica in the caption
- Nominate a friend to get involved too!
Entrants may enter the contest more than one time, but each entry must be a different Photo. An entrant may only enter Photos that he/she took. All Photos must meet the Photo Requirements described below. Submitting a Photo is not an indication that the entrant has won a prize or is otherwise eligible for a prize.
Any Photo that the Sponsor deems, in its sole discretion, to not comply with the Photo Requirements or to otherwise violate the terms and conditions set forth in these Official Rules will be removed from the Contest.
Entries generated by script, macro or other automated means are void. The Sponsor and the Partner are not responsible for late, lost, misdirected, delayed, incomplete or incompatible entries or Photos. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be attempting to tamper with or undermine the entry process or the legitimate operation of the Contest or to be acting in violation of these Official Rules.
LICENSE/USE OF ENTRIES: By submitting a Photo, each entrant: (i) gives the Sponsor a non-exclusive, perpetual, transferrable, irrevocable, royalty-free, fully paid-up license to use, modify, publish, create derivative works from, and display his/her Photo, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; (ii) waives all rights and moral rights in and to his/her Photo in favor of the Sponsor, and their successors and assigns; and (iii) agrees to release and hold harmless the Sponsor, their advertising and promotion agencies, and each of their respective agents, employees, directors, successors and assigns (the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Photo, or to request an entrant to modify or edit any Photo, if a complaint is received with respect to the Photo, or for any other reason.
PHOTO REQUIREMENTS: Photos must meet the following “Photo Requirements”:
• Must be the original work of the entrant, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
• Must not contain, as determined by the Sponsor in its sole discretion, any content that: is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane, vulgar, offensive; contains nudity; promotes alcohol, drugs, tobacco, firearms/weapons; promotes any activities that may be or appear to be unsafe or dangerous or illegal; promotes any particular political agenda or message; defames, misrepresents or contains disparaging or defamatory remarks about other people or companies; contains any personal information, contains copyrighted materials owned by others; and/or violates any law or regulation; contains commercial messages, comparisons or solicitations for products or services; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.
By submitting a Photo, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Photo consent to the submission and use of the Photo in the Contest, and the license to use the Photo in accordance with these Official Rules. By submitting a Photo, entrant hereby grants permission for the Photo to be posted in any format associated with the Sponsor including on social media and on the web properties owned by the Sponsor.
There is one (1) Grand Prize (the “Prize”). The Frye Marketing Team will choose its favorite photo entry to receive a $500 FRYE gift card.
The approximate value of the Grand Prize is $500. The Prize is not transferable and cannot be substituted or converted to cash except that the Sponsor reserves the right in its sole and absolute discretion to substitute all or part of the Prize for a prize or prizes of equivalent value, for any reason. All federal, state, provincial and local taxes associated with acceptance or use of the Prize are the sole responsibility of the winner.
WINNER SELECTION: All eligible Photos received during the Entry Period will be judged by representatives of the Sponsor based on the following criteria (the “Judging Criteria”):
- Ability to capture Hunger Action Month (60%)
- Composition (20%)
- Overall aesthetic (20%)
The entrant whom The Frye Company’s marketing team feels to overall succeed in the above criteria will be declared the potential winner. The potential winner will be determined on October 6th, 2016 at approximately 8:00 p.m. EST (“Selection Date”).
WINNER NOTIFICATION: The Sponsor or its designated representative will make a minimum of 3 attempts to contact the potential winner within 5 business days of the Selection Date. The Grand Prize winner and runner-up winners will be contacted by a direct message on Instagram with an email address they must contact within seven (7) days to redeem their prize(s). If the potential winner cannot be contacted within five business days of the Selection Date or there is a return of any notification as undeliverable, or is otherwise not in compliance with these Official Rules, then the potential winner may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize).
ODDS: The odds of winning depend on the number of eligible entries received during the Entry Period and the quality of the Photos submitted.
GENERAL CONDITIONS: By participating, each entrant agrees to abide by these Official Rules and decisions of the Sponsor and Partner, which shall be final and binding in all respects relating to this Contest. The Contest will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
Without limitation, the Released Parties will not be liable: for any technical malfunction or other problems relating to the network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry or Photo to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; for printing or other errors appearing in these Official Rules or other Contest materials, misprints or errors in other Contest-related information, technical or mechanical malfunctions, or other problems or errors, whether caused by equipment, programming used in this Contest, processing errors, human errors or otherwise; or any combination of the above. Further, the Released Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest.
The Sponsor reserves the right to withdraw, suspend or amend this Contest or these Official Rules for any reason, including in the event that an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor interferes with the proper conduct of the Contest as contemplated by these Official Rules. In the event of termination, Sponsor will award the Prize as deemed fair and equitable, by the Sponsor.
In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitted at the time of Entry. “Authorized account holder” is defined as the person who owns the email address assigned by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted Instagram account.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York.
RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, COSTS AND PAYMENTS FOR DAMAGES, LOSS, INJURY, OR DEATH, HOWEVER OCCURRING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, AS A RESULT OF PARTICIPATING IN THE CONTEST OR ANY CONTEST-RELATED ACTIVITY OR RESULTING FROM ACCEPTANCE, USE, OR MISUSE OF, OR PARTICIPATION IN, THE PRIZE.
WINNER LIST: To request the winner list (available for 180 days from the date of verification of the winner), send a self-addressed, stamped (except U.S. residents) envelope to: The Frye Company, 350 Fifth Ave, New York, NY 10118
INSTAGRAM DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. When you enter the Contest, Instagram will not collect your personal information. By entering the Contest, an Entrant agrees to release and hold harmless Instagram from any and all liability associated with this promotion.
Final Sale Offer
Extra 25% off is valid on final sale styles in the Final Sale section online. This offer is valid through September 5, 2016. Use code XTRA25 at checkout. Please use this code at the time of purchase, as we are unable to apply it after your order has been submitted. This offer is valid online only. It cannot be applied to prior purchases and/or combined with other offers. All purchases made using this offer are final sale and cannot be returned.
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.