RULES FOR NUCOAT SHOE DECORATING CONTEST

RULES FOR NUCOAT SHOE DECORATING CONTEST

These contest rules are for the promotion NuFun Activities Customize Your Kicks Contest. NuCoat, Inc., 13055 15th Ave N, Plymouth, MN 55441, is the contest sponsor, and the contest is being administered by NuFun Activities, 13055 15th Ave north, Plymouth MN 55441. The Rules tell you how you can enter the Contest, what prizes you can win, and how to make sure that your entry qualifies. By submitting an entry to the Contest, or partially completing the process of submitting and entry to the Contest, you agree to be bound by these Rules. Please read all Rules before submitting your entry.

  1. The Contest is open and accepting orders for the entry of the NuFun Activities Customize Your Kicks Shoe Decorating Kit from 5:00pm EST on Friday, October 28th, 2022, through 5:00pm EST Monday, December 16th2022. Video submissions must be added into the submission form by 5 pm on December 23, 2022. Only submissions received during this period will be accepted. Administrator is the official timekeeper for the Contest.
  2. Eligibility. The Contest is void where prohibited by law. The Contest is open to any person who is a legal resident of the United States age 13 or over. Minors must have the consent and assistance of their parents to enter the Contest. Employees or agents of Sponsor, Administrator, or their respective parent or affiliate companies, vendors, suppliers, consultants, subcontractors, distributors, legal counsel, or advertising, marketing, public relations or promotional/fulfillment agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of those employees or agents, are not eligible.
  3. Entry Materials. Each entry must use the NuFun Activities Customize Your Kicks Shoe Decorating Kit. You may also purchase and use other products to decorate your shoe, but you must use the NuFun Activities Customize Your Kicks Shoe Decorating Kit in order to enter the Contest. You may submit multiple entries. Each entry must use a separate shoe decorating kit.
  4. Creating Your Entry. Use your NuFun Activities Customize Your Kicks Shoe Decorating Kit to create a unique and interesting shoe. Take video of your creative process, including showing how you used the shoe decorating kit to create your shoe. You can also include other things in the video, like showing your shoe in action. However, your video must meet all the requirements described in Section 5.
  5. Video Requirements. Videos that do not meet the following requirements will be disqualified. Whether or not a video meets these requirements will be up to Sponsor in Sponsor’s sole discretion.
    1. Your video should include the process of making your shoes using the NuFun Activities Customize Your Kicks Shoe Decorating Kit, and/or other creative ideas showcasing your decorated shoes like showing your shoes in action, before/after video, or a dancing video featuring the decorated shoes. Your video MUST show the NuFun Activities Customize Your Kicks Shoe Decorating Kitpackaging Cover Sheet in at least one frame of the video.
    2. Your video must show your final decorated shoe. Your video must include clear images of your final product, without any video effects that would obscure how your shoe looks in person.
    3. Your video must be family-friendly. It cannot contain any profanity, content that would be harmful to minors, nudity or partial nudity, sexually suggestive content, lewdness, pornography, harassment of any kind, threats of any kind, defamatory content, discriminatory content, obscene content, offensive content, or depict any illegal conduct or material.
    4. Your video must be original. It cannot include any content that belongs to someone else. This includes songs, poems, art works, characters, or other copyrighted or trademarked content.
    5. Your video must not violate anyone’s privacy. Your video may show yourself, but may not show any other people without prior consent. Your video cannot contain any contact information such as email addresses, domain names or URLs, phone numbers, or physical or postal addresses.
    6. You video must not violate the security of someone else’s computer systems. Your video file cannot contain any harmful content such as viruses or other programs designed to harm the devices or software of others.
    7. Your video must meet our time requirements. Your video can be no shorter than 7 seconds and no longer than 1 minute.
    8. The contestant is required to show the NuFun Activities Customize Your Kicks Shoe Decorating Kit packaging cover sheet purchased on NufunActivities.com in the final video submission.
  6. Submitting Your Entry. By submitting your entry, you are agreeing to be bound by these Rules and by any other legal notices posted on the entry website. Go to nufunactivities.com/pages/customize-your-kicks-contest submit your entry. Each entry must include the following:
    1. “Your Customize Your Kicks” Contest entry video. You can submit your video by uploading it in any video format OR by providing a link to a publicly posted version of your video on Facebook, Twitter, YouTube, Instagram, or TikTok on the video entry form located on nufunactivities.com/pages/customize-your-kicks-contest
    2. Fill out the entry form with the required information: First and Last Name, e-mail address and phone number.
    3. If you are a minor: Your parent’s first and last name, address, email address and phone number.
  7. Public Posting and Future Use. All videos will be posted publicly at the voting website, nufunactivities.com/pages/customize-your-kicks-contest . By submitting a video, you are consenting to have your video first name and or Social Media handle posted publicly for the purpose of allowing the public to vote for a prize winner. You grant Sponsor and Administrator a license to use, publish, post and display your first name and or Social Media handle during the Contest. Furthermore, if you are a prize winner, you grant Sponsor a license to use, publish, post, display, and create derivative works of your video, your name, social media handles, likeness, image, photograph, video, voice, statements, prize information, in Sponsor's sole discretion, for promotional, advertising, trade and publicity purposes in any medium now known or in the future created, worldwide and in perpetuity, without review or approval, and without further notice, payment, or consideration of any kind. Your acceptance of a prize is conditioned on your agreement to these terms and signing the Release described in Section 8.
  8. Prizes. Two prizes are available, of $3,000 each, in the form of a check made out to the winner. Odds of winning a prize depend on the number of entrants. You may choose not to accept a prize if it is awarded to you.
    1. Voted Prize One will prize will be given to the creator of the entry that receives the most votes cast via: nufunactivities.com/pages/customize-your-kicks-contest
    2. Selected Prize. One prize will be given to the creator of the entry selected by Jodi Schwendimann, CEO of the Sponsor, based on skill. Ms. Schwendimann will choose the entry she judges on creativity and originality. Ms. Schwendimann will award the Sponsor Prize in her sole discretion.

All additional costs, such as surcharges, fees, taxes and other personal charges not specifically described as part of the prizes, are not included in the prizes. In order to receive a prize, you must accept it as awarded. Substitutions are not available, and you cannot transfer a prize to someone else. Federal, state, and local taxes, and all other expenses associated with the acceptance and use of the prizes are the responsibility of the prize winners. Any prize details not specified in these Rules will be determined by Sponsor in its sole discretion.

If any potential prize winner is disqualified, ineligible, or cannot accept a prize as offered for any reason, Sponsor may select a new winner of the Sponsor Prize based on the criteria described in these Rules, or the second-highest vote-getter of the Voted Prize will receive the prize, as applicable.

Where legal, each prize winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the "Release"), and to submit a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated in the Release to be eligible to receive any prize. Prize winners may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the prize provided by Sponsor.

  1. Disqualification. You may not either yourself vote for, or encourage anyone else to vote for, your entry more than one time, or do anything else that could be considered cheating in the voting process. You may not tamper with the Contest, the websites linked in these Rules, or the entries of others in any way. Your entry and video must comply with all requirements described in these Rules. You must provide all required information to enter, and all of the information you provide must be complete, current, and correct. You may not do anything that brings disrepute to Sponsor or the creator of the NuFun Activities Customize Your Kicks Shoe Decorating Kit. Sponsor is not responsible for an entry that is late, lost, misdirected, stolen, or not delivered, and such entries are void. Proof of sent entry or entry receipt (such as a copy of a "thank you" message) does not constitute proof of actual receipt of entry by Sponsor or Administrator for purposes of this Contest. Sponsor may disqualify you for any of these reasons in its sole discretion.
  2. Winner Announcement. The Administrator will verify the identities of potential prize winners before announcing the identity of winners. Even if the Administrator contacts you, you are not a winner until you have been verified. In order to win, you must cooperate with the Administrator verification efforts and continue to comply with these Rules. If the Administrator is unable to contact a potential winner using the contact information provided within three business days of the first attempt, or if the potential winner is otherwise disqualified, an alternate winner will be selected as described in these Rules. Winners will be announced within three days of the end of the Contest. A list of winners will be available on nufunactivities.com/pages/customize-your-kicks-contest and www.instagram.com/nufunactivities. If you are a prize winner, you consent to your information being available in the winners list.
  3. Limitations. Sponsor is in no way responsible for any entry errors, cancellations, substitutions, changes in service, or any other act, omission, or result thereof, caused by any third party. Sponsor has made no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation, or guarantee related to any prize's quality or fitness for a particular purpose.
  4. Sponsor’s and Administrator’s Discretion. All decisions related to, as well as all interpretation of, these Rules by Sponsor and the Administrator are final and binding. While this Contest may be promoted via Social Media websites, these websites are not affiliated with Sponsor, the Administrator, or this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, TikTok, YouTube, or any other third-party website or application that might host content where information about this Promotion is published. Entrant is providing information only to Sponsor and not to Content Hosts.
  5. Limitations of Liability; Indemnification. By entering or participating in this Contest in any way, you agree to indemnify, defend, and hold harmless, and release Sponsor and Administrator and each of their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, and advertising, marketing, public relations and promotional/ fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the "Released Parties") from and against any loss, damage, injury, cost, claim or cause of action related in any way whatsoever to this Contest, these Rules, or the rights, consents and licenses granted to Sponsor under these Rules, including without limitation, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of your participation in the Contest or receipt or use, non-use or misuse of any prize. To the maximum extent allowed by law, in no event will the Released Parties be responsible for or liable for any damages or losses of any kind, including but not limited to indirect, incidental, consequential or punitive damages arising out of this Contest.

    Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions. You waive any right to claim ambiguity in these Rules. You acknowledge and agree that the Released Parties are not responsible for: (1) any failure of any equipment, software, or other technical failure; (2) incorrect or inaccurate information, regardless of cause or source; (3) cheating by other entrants in the Contest; (4) any error that may occur in the administration of the Contest, entry processing, or the announcement of the winners or prizes; (5) any injury or damage to you or other people, or to any property, including devices used to enter the Contest, caused by your entry in the Contest; (6) the use or misuse of a prize; (7) the receipt or failure to receive a prize; or (8) any other errors associated with the Contest. If for any reason an entry is inadvertently deleted, lost, corrupted, or otherwise destroyed by Sponsor or Administrator, your sole remedy is another entry in the Contest, subject to availability and provided that the Contest is still accepting entries.

    EACH ENTRANT AND WINNER WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." EACH ENTRANT AND WINNER REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
  6. Modification of Rules. If any of these Rules are invalid or unenforceable, that does not affect the rest of the Rules. If any Rule is found invalid or unenforceable, the rest of the Rules will still apply in accordance with their terms as if the invalid or unenforceable provision had never been included in these Rules. Sponsor has the right in its sole discretion to suspend, modify, or cancel the Contest in whole or in part, if the Contest is not capable of being carried out in the way Sponsor intended; if there is a technical error or other event beyond Sponsor’s control that renders the Contest impossible or excessively difficult to administer; or if there is a force majeure event. In such a case, Sponsor may elect to, but is not obligated to, award the prizes based on the entries already received. If there is any inconsistency between any promotional materials describing the Contest and these Rules, these Rules will govern.
  7. Disputes; Class Action Waiver. Any claim, dispute, or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to these Rules and the Contest shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Except where prohibited by law, any Claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator; the governing law for any such claim shall be Minnesota law without regard to any conflicts of laws principles thereof; and the jurisdiction and venue for any such claim will be the state or federal courts located in Hennepin County, Minnesota.
  8. Privacy. Your personal information is subject to Sponsor’s privacy policy, available at https://nufun-activities.myshopify.com/policies/privacy-policy except as otherwise stated in these Rules or in a written agreement between you and the Sponsor.