HUB FOOTWEAR IZMYSTORE - TERMS AND CONDITIONS

NO PURCHASE OF ANY PRODUCT NECESSARY. PURCHASING PRODUCT WILL NOT INCREASE YOUR CHANCES OF WINNING.  ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.  VOID WHERE PROHIBITED BY LAW.

By taking part in the HUB FOOTWEAR IZMYSTORE Contest (“IZMYSTORE” or “Contest”)  hosted by HUB Footwear (“HUB Footwear” or “Sponsor”), Participants accept and agree to be bound by these official rules (“Rules”) and agree that all decisions of HUB Footwear in connection with IZMYSTORE are final and binding. These IZMYSTORE Rules apply only to this contest and not to any other promotions, contests or sweepstakes sponsored by HUB Footwear.

ELIGIBILITY, RESIDENCY AND AGE:  To participate, Participants must be: (1) legal residents of the participating countries (the Netherlands, Belgium, Germany, Austria, Switzerland, United Kingdom, Baltic States, Norway, Sweden, Denmark, Finland), (2) no less than 18 years of age as of September 1, 2011 and (3) fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Rules. Everybody will be recognized and accepted as participants. Employees, officers, directors, independent contractors of HUB Footwear, HUB Footwear’s subsidiaries and affiliates, HUB Footwear’s customers, HUB Footwear’s suppliers, HUB Footwear’s vendors, HUB Footwear’s advertising and promotion agencies, and their immediate families (spouses, parents, siblings, children, in-laws, and household members, whether related or not) are eligible to participate. By taking part in IZMYSTORE, Participants certify that they are eligible to participate under these Rules.  

CONTEST PERIOD:  Participants may submit entries and collect votes as set forth below between September 1, 2011 through November 15, 2011 (“Contest Period”).

HOW TO ENTER:   Participants are asked to create and submit an original design (“Design”) that will be displayed on a HUB Footwear sneaker (MEN; EXPRESS or WOMEN; AIRBOOTY) following the guidelines set forth below and then submit that Design, electronically, along with all the required information, to HUB Footwear.

Step 1 – Design A Shoe:  Designs must be electronically created by using the online software design tool at http://www.hubfootwear.com/izmystore (the “Site”). After choosing one of the two models, the participant needs to fill in their name and select their favorite HUB store. 

ALL DESIGNS MUST BE COMPLY WITH THE DESIGN RESTRICTIONS SET FORTH BELOW. 

Step 2 – Register and Submit the Design Online: After creating the Design as set forth in Step 1, Participants must click the upload design link on http://www.hubfootwear.com/izmystore to submit the Design, and then follow the online registration instructions and complete all the steps. All the steps must be filled out completely by the Participant with the Participant’s email address. If the Design contains any material or elements that are not owned by the Participant and/or are subject to the rights of third parties, the Participant must and is responsible for obtaining, prior to submission of the Design, any and all written releases and written consents necessary to permit the use and exhibition of the third party material in the Design, including, without limitation, name, likeness and image releases for any person who appears in or is identifiable in the Design (collectively, the "Clearances"). Immediately after submission of the Design into the Contest, the Participant must email a scanned image of executed Clearances to the email account izmystore@hubfootwear.com and label the email and Clearance with the shoe ID # that the Participant received for the Design when the Participant submitted it the Design into the Contest.

Sponsor is not responsible for lost, late, illegible, incomplete Submissions or Designs not received for any reason including but not limited to computer or transmission errors. Incomplete submissions without a Design will be disqualified.  Once submitted, all forms, entries, and Designs become the property of HUB Footwear and will not be acknowledged or returned.  A Participant is able to submit multiple Designs for the Contest.  Participants submitting the same Design more than once will have that Design disqualified.  A Participant is responsible for all costs associated with designing, submitting and uploading any and all Designs, including but not limited any and all Internet service provider fees or other online charges incurred by the Participant.

DESIGN RESTRICTIONS AND REQUIREMENTS:  Sponsor reserves the right to and will review each Design and reject any Design in its sole discretion for any purpose or any reason without notifying the Participant. By submitting a Design, each Participant warrants and represents that they consent to the submission of and all uses of the Design or Designs including but not limited to the display, copying, modifying, editing, and posting of the Design on the Internet or in emails, web blogs, and/or print advertising, in connection with advertising, marketing, promotion and voting of and for the Contest. 

EACH DESIGN: 

1. MUST be the original work of the Participant; 

2. MUST respect Sponsor’s brand image; 

3. MUST have been created in a legal and safe manner;

4. MAY NOT have been previously published;

5. MUST NOT contain any viruses, hidden Trojans, worm or other malicious/harmful software or computer programming;

6. MUST NOT infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;

7. MUST NOT display any identifiable commercial product brands; 

8. MUST NOT display any designer insignia, logos, or trademarks;

9. MUST NOT display any identifiable person for which the Participant has not obtained the necessary written Clearances;

10. MUST NOT display any visible phone numbers, website links, street addresses, e-mail addresses, license plate numbers, area codes, zip codes, or airport codes;

11. MUST NOT display any obscenities, profanities, vulgar language, lewd behavior, or offensive, obscene, or inappropriate content for a general audience;

12. MUST NOT display any nudity or any sexually explicit depiction;

13. MUST NOT display any depictions of violence;

14. MUST NOT display any illegal act or an unsafe action;

15. MUST NOT display any gang-related, gang affiliation, gang support, or gang activity;

16. MUST NOT display any derogatory, disparaging, libelous content about Sponsor, Sponsor’s competitors, or any entity or person;

17. MUST NOT display any discriminatory depictions based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference;

18. MUST NOT display any other element that does not comply with the theme and spirit of the Contest.

Designs which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify any Design if it believes that the necessary Clearances have not been obtained. While HUB Footwear and its agents will make every effort to review every submitted Design to ensure that they meet the Design Restrictions and Requirements, any Participant who views a Design that he or she believes violates the Design Restrictions and Requirements can contact HUB Footwear at izmystore@hubfootwear.com.  The email must identify the Design at issue and explain the potential issue.

DESIGN OWNERSHIP:  Participants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering, a Participant agrees that each Design they submit becomes the sole property of Sponsor and that the Sponsor may use such Design for any proper purpose. Any personally identifiable information collected during the Participant’s submission of any Designs or Online Registration Forms will be collected by Sponsor and used by Sponsor, Sponsor’s Agents and their respective affiliates, and agents for purposes of the proper administration, marketing and fulfillment of IZMYSTORE as described in these Official Rules.  By submitting a Design, the Participant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns for no compensation, exclusively and in perpetuity, any and all right, title, and interest, worldwide, in and to the Design(s) the Participant submits, including, without limitation, any and all copyrights, trademarks, trade dress, likeness, image, contract and licensing rights, moral rights, and other intellectual property and proprietary rights in and to the Design(s), along with the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Design in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world in Sponsor's sole discretion.

PARTICIPANT’S REPRESENTATIONS: By entering this Contest, each Participant warrants and represents that Participant’s Design / Contest Entry  (1) does not infringe the intellectual property rights of any third party, (2) does not invade any third party's privacy rights, (3) does not libel or slander any person or entity, (4) does not contain anything that is profane, vulgar, lewd, or otherwise obscene or inappropriate for a general audience, (5) has not been published in any medium, and (6) is original and has not won any other award. 

THE IZMYSTORE CONTEST WINNERS:  After the Contest Period closes, the design with the most votes wins. Each contesting country has a men’s and women’s winner. Each winning design will be produced in a very limited edition of 11 pairs. The Participant receives the first pair, and the other 10 pairs will be sold exclusively at the connected HUB selling point. Only shops who is already (or planning to be) selling HUB can win the contest. 

NOTIFICATION TO WINNERS:  On or about November 15, 2011, the winners of each country will be announced.  Winners will be notified by email within two (2) weeks after the close of the Contest Period. If a winner cannot be reached within seven (7) days OR in the event a potential winner does not accept any prize or fails to comply with these Rules, the prize will be forfeited. Upon prize forfeiture, no compensation will be given. 

PRIZES:  Each participating country will have two (2) winners, one MEN’s and one WOMEN’s winner. The Participant receives its own design. The connected HUB store receives (costless) 10 pairs of this design to sell exclusively in their store (for the price specified by HUB Footwear). On the 10 selling pairs of the design, the name of the participant (winner) will be changed to HUB. Winners are responsible for all federal, state, local and/or other applicable taxes and/or fees associated with the prizes, if there are any. Limit one prize per person and HUB store. 

RECEIPT OF PRIZES AND WINNER AFFIDAVITS:  All winners agree to HUB Footwear’s right to use their name, likeness and image for promotional purposes. If for any reason a winner will not agree to comply with any terms in these Rules, then at the discretion of HUB Footwear, the winner may be disqualified and forfeit the prize. Except as limited by the law, acceptance of any prizes will constitute each winner’s consent to the use of their name, likeness and/or image for advertising or promotion by HUB Footwear and assignment of ownership in the Design without additional compensation.

GENERAL RELEASE:  By entering IZMYSTORE, Participant hereby waives, releases and indemnifies HUB Footwear and each of their parents, subsidiaries, affiliates, directors, officers, employees, representatives, partners, agents, and independent contractors from any and all liability whatsoever for any claims, causes of action, costs, injuries, losses or damages of any kind arising out of or in connection with IZMYSTORE or with the acceptance, possession or use of any prize, including without limitation, claims, costs, injuries, losses or damages related to injuries, personal injuries, sickness, accident, emotional injuries, death, loss of enjoyment or damages related to loss or destruction of property, rights of publicity, privacy, defamation or portrayal in a false light or any other harm or loss of any nature whatsoever caused by, contributed to, or arising out of or associated with any prize awarded in the Contest including any negligence of the Sponsor or third parties. If any dispute, claim, or cause of action is filed against Sponsor they shall be done so individually without resort to any form of class action. In the event the release set forth herein shall be deemed by a Court of competent jurisdiction to be insufficient, any claims, judgments and awards of any Court shall be limited to actual out-of-pocket costs incurred by the Participant, and not include attorneys’ fees, punitive, incidental or consequential damages or any right to have any damages multiplied or otherwise increased. Participants agree that personal data including, but not limited to, name, mailing address, age, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. By entering, Participants agree to the transmission, processing, sharing and storage of this personal data in the United States. This data may also be used by HUB Footwear to verify an entrant’s identity in the event an entrant qualifies for any applicable prize. All personal information that is collected from the entrant is subject to HUB Footwear’s Privacy Policy. You acknowledge that you have submitted your Design voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and HUB Footwear and that no such relationship is established by your submission of a Design under these Official Rules.

CONTEST INTERRUPTION: If for any reason, this Contest, in Sponsor’s sole opinion, is not capable of running as planned due to infection by computer virus, computer failure, bugs, tampering, unauthorized intervention, fraud, technical failures, natural disaster, governmental interruption, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Online Registration Form and/or Designs. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any submission to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.  Sponsor is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged misdirected, incomplete, illegible, undeliverable, or destroyed Designs due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Sponsor is not responsible for any damage to a Participant’s computer system which is occasioned by participating in IZMYSTORE or by downloading any information necessary to participate in the Contest. Sponsor also is not responsible for any incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in IZMYSTORE or by any technical or human error which may occur in the processing the submissions in the Contest. 

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

JURISDICTION FOR DISPUTES:  Any dispute or claim arising out of participation in IZMYSTORE, or any disputes which arise as a result of the use of the Site, shall be governed by the European Union Law, without respect to conflicts of laws principles. The terms of the Official Rules are severable, and if any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. 

SPONSORS:  IZMYSTORE is sponsored by HUB BUB BV. HUB Footwear’s decisions regarding the selection of winners and all other aspects of IZMYSTORE will be final and binding.  HUB Footwear will not be responsible for typographical, printing or other inadvertent errors in these Rules or in other materials relating to IZMYSTORE, including but not limited to website accessibility. HUB Footwear does not endorse any User Submission or the views, opinions, recommendations or advice expressed therein. HUB Footwear is not responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. To obtain an additional copy of these Rules, go to: http://www.hubfootwear.com/izmystore.

© 2011 HUB BUB BV.