2022 TIMBERLAND CONSTRUCT 10061
INSTAGRAM DESIGN CHALLENGE
TERMS AND CONDITIONS
NO PURCHASE NECESSARY
Sponsor: TBL Licensing LLC (a division of VF Outdoor, LLC) and its affiliates, 200 Domain Drive, Stratham, NH 03885.
Region: Worldwide.
Time Zone: Eastern Time (ET).
The 2022 Timberland Construct 10061 Instagram Design Challenge (“Design Challenge”) is open to any individual in the Region (i.e., you may only participate in your personal, individual capacity and not on behalf of any entity or other third party).
By participating in the Design Challenge, you (and, if you are a minor, your parent or legal guardian (in either case, “you” or “your”)) agree to these Terms and Conditions and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.
1. DESIGN CHALLENGE PERIOD.
Design Challenge starts on April 1, 2022 and ends on May 1, 2022. Sponsor’s computer is the official clock for the Design Challenge
2. DESIGN CHALLENGE THEME.
Sponsor is inviting you to submit your own Construct10061 design that reimagines the iconic Timberland 6-Inch Boot based on the theme of TECTRA (Technical Transparency).
Reimagine the Timberland 6-Inch Boot through the lens of TECTRA - a biologically focused design direction that forecasts what might be the future of footwear and our position within the natural world.
Nature is the greatest form of technical advancement and sustainability is our pursuit to replicate these natural systems. The objective of this design challenge is to theorize new ideas within the footwear process that feel like natural evolutions of Timberland’s history.
Considerations:
a. Reimagine the Timberland 6-Inch Boot
b. Explore a natural material selection
c. Advanced manufacturing methods
d. Consider design for disassembly
e. Utilize tonal color palette
3. HOW TO ENTER.
Go to Instagram and follow these steps:
a. Sign into your Instagram account.
b. Create an ORIGINAL design for the #Construct10061 Boot.
c. Submit your design through an Instagram post tagging @construct10061 with the hashtag #constructtectra during the Design Challenge period. View this Design Challenge as an ongoing footwear experiment. Feel free to share your iterations, thoughts, and concepts via Instagram as they develop; provided that only entries submitted through the process in the immediately preceding sentence will be considered entries for purposes of the Design Challenge (i.e., submissions sent via direct message will not be considered a submitted entry).
All entries must be received by May 1, 2022 at 11:59:59 p.m. ET.
BY ENTERING THE DESIGN CHALLENGE, YOU UNDERSTAND AND AGREE THAT YOUR PERSONAL INFORMATION WILL BE USED FOR PURPOSES OF DESIGN CHALLENGE ADMINISTRATION AND MAY BE VISIBLE TO OTHER USERS ON SPONSOR’S INSTAGRAM CHANNEL.
YOU WILL NOT RECEIVE ANY PROMOTIONAL/MARKETING E-MAILS FROM SPONSOR NOR WILL YOUR PERSONAL INFORMATION BE USED FOR PROMOTIONAL/MARKETING PURPOSES UNLESS YOU EXPRESSLY AGREE TO SUCH USE BEFOREHAND.
YOU ARE ALSO ENCOURAGED TO REVIEW SPONSOR’S PRIVACY POLICY (ACCESSIBLE AT: https://www.timberland.com/privacy-security/privacy.html) BEFORE ENTERING THE DESIGN CHALLENGE
4. ENTRY RESTRICTIONS.
a. You may enter as often as you like. If submitting more than one (1) entry/design, each entry/design submitted must be unique: DO NOT SUBMIT THE SAME EXACT DESIGN MORE THAN ONCE. Violation of entry limit will result in only the initial entry/design being accepted. However, if Sponsor determines in its sole discretion that a person has engaged in egregious, repeated, or blatant violations of the entry limit, such person will be disqualified from the Design Challenge altogether and all of his/her entries/designs declared void.
b. Proof of submission does not constitute proof of receipt or proof of entry.
c. Assistance from other persons (including, for a minor, by his/her parent or legal guardian) or joint/group/team submissions are prohibited.
d. Make sure you are satisfied with your design prior to submitting your entry, as changes to the design will only be allowed by Sponsor in its sole discretion as set forth below.
e. Design must be submitted at time of entry; partial/piecemeal submissions will NOT be accepted. Notwithstanding the foregoing, as this Design Challenge is considered an ongoing footwear experiment, we welcome your sharing of iterations, thoughts, and concepts via Instagram as they develop.
f. Receipt of entries may be acknowledged (including by being posted on Sponsor’s Instagram channel if preliminarily determined to be eligible as per Rule 6 below) but such acknowledgement is NOT otherwise binding upon Sponsor.
g. Entries generated by script, macro, robotic, programmed, or like means are prohibited and will be disqualified. Over-reliance on photo-editing software or similar products in the creation of design will also result in disqualification.
h. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail account associated with the Instagram account used to enter the Design Challenge, as of the date of entry. “Authorized Account Holder” means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the corresponding e-mail address.
i. If using a mobile device to participate in the Design Challenge, you will be solely responsible for wireless Internet access and other charges. Be sure to review your wireless carrier’s usage agreement BEFORE participating in the Design Challenge via mobile device. Wireless Internet access may not be available in all areas and on all mobile devices.
j. Should Sponsor choose to post a design on Sponsor’s Instagram channel, Sponsor may thereafter remove a design if Sponsor determines, in its sole and absolute discretion, the submission is not consistent with the Design Challenge theme or otherwise violates these Terms and Conditions. In addition, such design will be disqualified from the Design Challenge and Sponsor disclaims any and all liability related thereto under any legal theory.
5. CONTENT.
a. User Content. “User Content” means any and all information, data, ideas, submissions, questions, reviews, comments, designs, iterations, thoughts, concepts, and other content (including, text, audio, video, photographs, illustrations, graphics, testimonials, and other media) that you make available in connection with your participation in the Design Challenge, including any such content that you provide, upload, or transfer to Sponsor’s Instagram channel or otherwise generate through your Instagram account in connection with the Design Challenge (e.g., content uploaded and tagged with the @construct10061 handle or the #constructtectra hashtag, or other design submission related information). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by Sponsor or any third party, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Design Policy. Because you alone are responsible for your User Content (and not Sponsor or Instagram), you may expose yourself to liability if, for example, your User Content violates the Acceptable Design Policy. Sponsor is not obligated to back-up any User Content. Sponsor may delete User Content within its possession or control (e.g., User Content appearing in Sponsor’s Instagram profile, stories, or messages) at any time, for any reason or no reason, without notice. If your User Content is not shown on or is deleted from the portions of Instagram applicable to the Design Challenge and under Sponsor’s control, you may contact Sponsor as provided herein with evidence of such User Content's compliance with applicable Laws (as defined below).
b. Acceptable Design Policy. The following sets forth the Design Challenge’s “Acceptable Design Policy”: you agree, represent, and warrant not to (1) use the Design Challenge or Sponsor’s Instagram channel to collect, upload, transmit, display, or distribute any User Content that: (a) violates these Terms and Conditions, including the Privacy Policy or any applicable laws, rules, or regulations (“Laws”); (b) constitutes an infringement, misappropriation, or violation of any intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights or other rights of any third party; (c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable or illegal in any way; (d) is harmful to minors in any way; (e) would cause Sponsor to violate any applicable Laws; (f) constitutes unlawful or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (g) would cause you to violate any obligations or restrictions imposed by any third party; or (2) submit any design (a) with a name or nickname or symbol or image associated with another person (living or dead) unless you have that person’s consent; (b) with personal information (e.g., phone number, e-mail address of you or any other person); (c) that is not related to the Design Challenge theme set forth in Rule 2 above; (d) that has been previously published; or (e) disparages or damages the goodwill or business reputation of Sponsor or its Timberland brand. You represent and warrant that the use of your User Content by Sponsor or any other third party does not violate this Acceptable Design Policy. Sponsor reserves the right (but has no obligation) to review any User Content, investigate, or take appropriate action against you in its sole discretion if you violate the Acceptable Design Policy or otherwise create liability for Sponsor, Instagram, or any other third party. Such acts may include removing or modifying your User Content or reporting you to law enforcement authorities. A design submission will be declared void and will not result in a Design Challenge entry if Sponsor determines in its sole discretion that the design does not fully comply with the Acceptable Design Policy.
c. License to Your User Content. You are solely responsible for all User Content that you may provide or generate through your use of or access to the Design Challenge or the Design Challenge Instagram channel. As between you and Sponsor, you retain ownership of your User Content. However, by providing or generating your User Content through the Design Challenge or the Design Challenge Instagram channel, you grant Sponsor a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including to other third parties) right to use, copy, store, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display (“Use”) your User Content throughout the world in any form, medium, media, software, or technology of any kind and in any and all distribution channels, venues, or media now known or hereafter devised, without further notice or any compensation to you. In addition, you waive all moral rights in your User Content or warrant that all moral rights applicable to your User Content have been waived. You agree, upon Sponsor’s request and without compensation of any kind, to execute any additional documents so as to effect, record, or perfect the grant of rights contemplated by these Terms and Conditions. You also grant Sponsor the right to use your name, or otherwise identify you, in connection with your User Content. You agree that you have all right, title, interest, and consent in your User Content necessary to allow Sponsor, its service providers, and other third parties to Use your User Content as set forth in these Terms and Conditions. You further understand and agree that: (1) Sponsor has wide access to ideas, stories, designs, and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) your design and that Sponsor shall have no liability to you or any third party in conjunction therewith; and (2) Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to you relative to your design.
d. Feedback. If you provide Sponsor any feedback or suggestions regarding your design, the Design Challenge, or the Design Challenge Instagram channel (“Feedback”), you hereby assign to Sponsor all right, title, and interest in and to the Feedback and agree that Sponsor shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. Sponsor will treat any Feedback you provide to Sponsor as non-confidential and non-proprietary. You agree that you will not submit to Sponsor any information or ideas that you consider to be confidential or proprietary.
6. POSTING OF DESIGNS.
a. If Sponsor, based on its preliminary and non-binding determination, concludes that an entry/design is eligible, the design may be posted on Sponsor’s Instagram channel. For the avoidance of doubt, not all designs will be posted; any such posting is purely for entertainment/informational purposes; and such posting is separate and apart from and has no bearing upon the judging of designs, as described below. SPONSOR MAY LATER REVERSE OR RESCIND A PRELIMINARY DETERMINATION THAT AN ENTRY/DESIGN IS ELIGIBLE WITHOUT EXPLANATION, NOTIFICATION, OR LIABILITY OF ANY KIND.
b. THE POSTING OF AN ENTRY/DESIGN REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO PROVIDE A DESIGN AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. SPONSOR WILL NOT EDIT OR MODIFY DESIGNS SUBMITTED AS ENTRIES IN CONJUNCTION WITH OFFERING THE DESIGN CHALLENGE, BUT RESERVES THE RIGHT TO DO SO OUTSIDE OF THE DESIGN CHALLENGE.
7. RELEASES
a. Where legal, by submitting a design, you agree to the use of your name, likeness, photo, voice, biographical information, image, and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice.
b. By participating in the Design Challenge, you release and agree to hold harmless Sponsor, its parent, and subsidiaries, and the directors, officers, agents, representatives, shareholders, members, independent contractors, employees, successors, and assigns of any of the above organizations, as well as Meta Platforms, Inc., Instagram, LLC, Twitter, Inc., and other social media channels (“Design Challenge Parties”), from any and all claims, liability, losses, damages (including punitive, incidental, and consequential damages) and expenses (including attorneys’ fees) arising from or in connection with the Design Challenge (including, without limitation, your participation therein). The preceding includes but is not limited to damage to any computer or mobile device (or information/data stored thereon) used by an individual to participate in the Design Challenge. You further acknowledge and agree that the Design Challenge is in no way sponsored, endorsed, or administered by, or associated with, Instagram.
8. LIMITATIONS OF LIABILITY.
a. Design Challenge Parties are not responsible for: entries/designs/submissions that are late, lost, garbled, incomplete, incorrect, inaccessible/blocked, corrupted, jumbled, misdirected, delayed, or damaged, regardless of cause, all of which are void; any human error which may occur in the processing of the entries in the Design Challenge; or any typographical, technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising/offering or administration of the Design Challenge in any respect.
b. Sponsor’s failure to enforce any provision of these Terms and Conditions in a given instance shall not constitute the waiver of such provision.
c. Tampering with the Design Challenge as well as interfering with the intended operation of the Design Challenge or seeking to defraud Sponsor in conjunction with its offering of the Design Challenge will result in disqualification (if applicable). Sponsor may prohibit a person determined to be engaged in tampering from participation in future Sponsor sweepstakes, giveaways, contests, or design challenges and/or pursue legal sanctions against such person.
d. If Sponsor determines in its sole discretion that the Design Challenge – in whole or in part – cannot be conducted as originally planned due to any cause beyond its or any of the Design Challenge Parties’ control (e.g., computer virus/bug, tampering, fraud, natural disaster, epidemic, pandemic, action, or order of federal, state or local governmental authorities, riot, strike, or other force majeure event), Sponsor may cancel, modify, or suspend the Design Challenge. In such event, Sponsor will post a notice to such effect on the Design Challenge Instagram channel.
e. Should there be any inconsistency between these Terms and Conditions and the advertising of the Design Challenge, these Terms and Conditions shall prevail, govern, and control in all respects.
f. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Meta, Instagram, Twitter, or any other social media channel.
9. ELIGIBILITY.
Employees and the immediate families and household members of such employees, officers, directors, and independent contractors (including compensated Timberland brand influencers or product endorsers) of Sponsor, its parent, affiliates, subsidiaries, and agencies, as well as of entities which are competitors of Timberland (i.e., a manufacturer of footwear and/or apparel) are not eligible to enter the Design Challenge. For purposes of this Design Challenge, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
10. DISPUTE RESOLUTION/CHOICE OF LAW
To the fullest extent permitted by law, you agree that:
a. any and all disputes regarding the Design Challenge or these Terms and Conditions shall be governed by the internal, substantive law of the U.S. State of New Hampshire (i.e., without regard to choice of law/conflict of law rules of the State of New Hampshire or of any other jurisdiction);
b. you agree to bring any claim regarding the Design Challenge in the United States District Court for the District of New Hampshire or New Hampshire State court situated in Rockingham County, New Hampshire and consent to the exclusive personal jurisdiction of such courts;
c. you waive any right of change of venue, inconvenient forum, or the like;
d. any action will be brought by you individually (NOT as part of a class action); and
e. your recovery in any such action is limited to actual costs involved in participating in the Design Challenge (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived.
If the preceding or any other provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal, and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Terms and Conditions.