Terms of Use

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 the Jimlar Footwear Division of LFUSA ("Jimlar").

BLACK FRYEDAY PROMOTION

This offer is valid for purchases of Frye branded products made from November 24, 2014  12:01am Eastern standard time through December 1, 2014 11:59pm Eastern standard time on the thefryecompany.com website and Frye branded retail stores.  To qualify for this promotion, your purchase must be at least $400.00 (not including tax and shipping charges).  Promotion EXCLUDES purchases of Gift Cards. On December 15th, you will be emailed a $100 savings certificate via electronic communication to your email address provided at the time of purchase.  The $100 savings certificate may only be redeemed between December 15, 2014 12:01am Eastern standard time through February 28, 2015 11:59pm Eastern standard time.  The $100 savings certificate can only be used in conjunction with purchases of Frye products made at the fryecompany.com website and/or Frye branded retail stores. Purchases made prior to November 24, 2014 are excluded from this promotion.  This promotion cannot be combined with any other offer or discount. To redeem your $100 savings certificate on the thefryecompany.com please enter the certificate number in the Gift Card box at checkout.  To redeem your $100 savings certificate in store, simply present your printed certificate at the time of purchase to the store associate. The savings certificate has no cash value and may not be redeemed for cash.  Frye reserves the right to deactivate any promo codes that have been issued in conjunction with an order later returned for refund.

The Frye Company #FryeHoliday Photo Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. ENTRANT MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. You are providing your information to The Frye Company and not to Twitter or Instagram and the information you provide will only be used in accordance The Frye Company privacy policies which may be found at http://www.thefryecompany.com/privacy-policy

1. CONTEST TIMING: The Frye Company # FryeHoliday Photo Contest (the “Contest”) entry period begins on Friday December 5th, 2014 at 11:59:59 a.m. and ends at 11:59:59 p.m. EST on Sunday, December 21st 2014 EST (the “Entry Period”). We will choose our favorite entry to be the winner on Monday December 22nd 2014.  Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Frye Company, 350 Fifth Avenue, New York, NY 10118 (the “Sponsor”).    

2. ELIGIBILITY: This Contest is open to legal residents of the 50 United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry (the "Entrant"). By entering your photo, you hereby release Sponsor and all of its affiliated entities and all of their respective shareholders, officers, directors, employees, agents, attorneys, licensees, successors and assigns from any and all claims relating to your photo, including without limitation arising from the risk of misdirection or misdelivery of your photo entry. The Frye Company and each of its parent companies, subsidiaries, licensees, affiliates, advertising and promotion agencies, and any and all other companies associated with the Contest including, but not limited to, GBG USA Inc. and its subsidiaries, (collectively, the “Promotion Entities”), and each of their employees and their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor’s administrator’s database clock will be the timekeeper for this Contest. This Contest shall be void where prohibited by law.

3. HOW TO ENTER
You may enter this contest via Direct Upload (Mobile or Desktop to Twitter or Instagram.)

No matter which form of entry you select:                

  1. Begin the entry process at http://instagram.com/thefryecompany
  2. Follow the @thefryecompany on Instagram or Twitter. 
  3. You must submit an original photo of your favorite holiday memory. 
  4. Tag the image with #FryeHoliday and @thefryecompany
  5. Tell us why you have Frye on your wish list this year.
  6. Partial or incomplete/piecemeal submissions (e.g., on Twitter or Instagram without the hashtag #FryeHoliday), WILL NOT BE ACCEPTED AS CONTEST ENTRIES and shall not be eligible for any prize (as listed below).  
  7. All submitted photos will be reviewed by the Sponsor prior to being made public (see Entry Notes below).

Entry Notes:
All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the photo below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.  

Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures impair the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation. 

If you opt to access the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone's capabilities     for specific instructions. Sponsor is not responsible for any charges.

Prohibited Content:

Photos must be the original work of the participants and not violate the rights of any other party, including but not limited to intellectual property rights (such as copyrights) or rights of privacy/publicity. Photos must NOT contain:
(a) advertising or commercial content for any party other than The Frye Company or the participating media or promotional partners of the promotion, if any;
(b) content that endorses/promotes illegal or harmful activity;
(c) violent, profane, vulgar, obscene, defamatory or otherwise objectionable material;
(d) adult material. 
    
License: By submitting a photo, participants grant Sponsor and/or the participating partners of the promotion, if any; a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the photo and caption text with or without modifications, in any form or medium whether now existing or later developed.

Entrant’s Representations: By entering the photo you represent and warrant that the photo and its contents are Entrant’s original work product and do not infringe the rights of any third party (including but not limited to copyrights and rights of publicity/privacy) and that you have the right to submit it. 

Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any photo is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial Contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all participants and/or entrants release the Sponsor, judges and administrator and their parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in this Contest.    
   
Sponsor is not responsible for problems downloading or uploading any Contest-related information to or from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Sweepstakes. 

   
4. DRAWINGS/WINNER NOTICES:   
One (1) winner will be selected by The Frye Company’s marketing team. Potential prize winner will be notified on Instagram when they are selected. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any     potential prize winner for any     reason. If, despite reasonable efforts, any potential prize winner does not respond within (48) hours of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner will forfeit his or her prize and an alternate potential prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these rules, that potential prize winner will be disqualified and an alternate potential prize winner may be selected.

5. PRIZES: Only the prizes listed below will be awarded in this Contest. 

  • One (1) winner will receive one (1) Stitch tote ($288), one (1) pair of boots of their choice (up to $750), one (1) artisan notebook (up to $148), one (1) wallet of your choice (up to $198), and one (1) sheep from our Holiday campaign ($400).  All prizes are from The Frye Company current collection. The suggested retail price of this prize package is a maximum $1,800. Winner will not receive difference between actual and approximate retail value.  Administrator will not replace any lost, mutilated, or stolen prizes.  Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion.  Sponsor reserves the right to substitute a particular item for one of equal or greater value if the designated item should become unavailable for any reason.  Each winner is responsible for any and all applicable local, state, and/or federal taxes and fees. As set forth in Section 6 of these Official Rules, each winner may be required to execute liability/publicity releases prior to the issuance of prizes.   

PRIZE NOTES:
•    Prizes are provided on an “as is” basis, without any warranty of any kind. Prizes are non-transferable. Prizes may not be redeemed for cash. Sponsor reserves the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable. 

•    Prize winner is responsible for any and all applicable fees, service charges, surcharges, federal, state, and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize.   

All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the marketplace and date of purchase. No substitution or transfer of Prizes is permitted. If the Prize or the Prize notification is returned as undeliverable or any non-compliance with the Official Rules or failure to respond within the applicable time period, it will result in forfeiture of the Prize and will be awarded to an alternate winner.      

•    Prize will be awarded only if the prize winner fully complies with these Official Rules. Sponsor or Sponsor's representative reserves the right to remove or to deny portions of the prize package to winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person with no further compensation. 


6. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Submission of an entry constitutes Entrant’s permission for the Promotion Entities, including, but not limited to, GBG USA Inc. or any of its subsidiaries, to use Entrant’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities and Released Parties (as defined below) from all claims arising out of the use of such Attributes. 

Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the Entrant in perpetuity. Submission of an entry further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.  

7. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

8. LIMITATION OF LIABILITY: Neither Sponsor, administrator, the Promotion Entities nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, officers, directors, employees, agents, attorneys, licensees, successors and assigns including, but not limited to, GBG USA Inc. or any of its subsidiaries, (the “Released Parties”) shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest  (vi) use of any prize and (vii) the judging process including the outcome of the Contest.

9. DISQUALIFICATION/FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded. 

10. DISPUTES: Except where prohibited by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any  form of class action, and exclusively by the state of New York without regard its     conflict of laws, and all claims must be resolved in the courts of the state of 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 Contest, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than 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 these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest 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.

11. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that any and all disputes the entrant may have with, or claims Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location in New York or at such other location as may be agreed by Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

12. WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: #FryeHoliday Contest Winner, 350 Fifth Ave, 9th Floor, New York, NY 10118. All such requests must be received by January 31, 2015. 

© The Frye Company. All rights reserved.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.

TERMS & CONDITIONS

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.

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