Since we reserve the right to revise the Agreement at any time, we encourage you to visit periodically to review the terms and conditions. Every time you use the Site you are accepting and agreeing to the terms and conditions found in this section of the Site as those terms and conditions may have been modified since your last visit.
This Site and all of its Contents were designed with you in mind and are intended solely for your personal, non-commercial use. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Aerosoles. You may download or print in hard copy portions of this Site with the sole intent of placing an order with Aerosoles or for keeping store location, hours or phone number information. Any other use of the Contents of this Site, in whole or in part, for any other reason in any media without prior written permission from Aerosoles is strictly prohibited. No right, title or interest in any material downloaded or printed in hard copy from this Site is transferred to you.
You may voluntarily post, transmit to us electronically or otherwise provide to Aerosoles anything you have created, including but not limited to comments, questions, reviews, ratings, photographs, videos, music, sound clips, and Unsolicited Information (individually and collectively, “Submissions”) provided that in making your Submissions to Aerosoles you agree that you have (i) granted us a nonexclusive, fully paid-up, royalty-free, sublicensable, worldwide, perpetual, transferable, assignable and irrevocable right and license to use, copy, modify, adapt, translate, distribute, transmit, stream, broadcast, publish, create derivative works from, publicly display and/or perform, and otherwise utilize your Submissions anywhere in the world in any product or in any media, now known or hereafter created, without attribution to you; (ii) granted us the right, but not the obligation, to publicly use your name, nickname, user name, social media handle(s), biographical information, location, caricature, recorded voice, images, illustrations, photographs, portraits, likenesses, video clips and/or any other identifying information as included in any Submission made by you; (iii) granted us the right, but not the obligation, to take legal action against any person or entity that violates your and/or our rights in your Submissions; (iv) waived any right to inspect or approve any use of your Submissions or any derivative work created therefrom; (v) waived any right you may have to be identified as the submitter or creator of the Submission or any derivative work created therefrom; and (v) forever waived any claim to rights you may have in your Submissions, including but not limited to moral rights, if any.
We may use the Submissions in any way we choose without any restrictions for as long as we choose including, without limitation, for product, promotional and advertising purposes. You agree that we do not owe you any compensation for using your Submissions.
We have no obligation to acknowledge, review or respond to you about the Submissions you make and we have no obligation to keep any Submissions confidential notwithstanding any request for confidential treatment that you may have included with your Submissions. You are and shall remain solely responsible for the content of any Submissions you make. We reserve the right, in our sole discretion and without notice, to remove any of your Submissions, with or without cause, in whole or in part and in whatever form, from our products, website, social media or our marketing materials.
Representations and Warranties
In connection with your Submissions, you represent and warrant that:
1. You will submit only material that you created.
2. You own or otherwise control all of the rights to any Submissions you make and use of your Submissions by Aerosoles will not infringe upon or violate the rights of any third party. If rights to all or any portion of your Submissions are owned by another party or parties (“Other Parties”), you represent and warrant that you have the necessary rights, consents and permissions from all Other Parties in order to comply with this Aerosoles Submissions Policy and to grant the license to Aerosoles required therein including, without limitation, the right to use the name(s), nickname(s), user name(s), social media handle(s), biographical information, location(s), caricature(s), recorded voice(s), images, illustrations, photographs, portraits, likenesses, video clips and/or any other identifying information of Other Parties without the need for compensation to you or to Other Parties. Other Parties include, without limitation, all people or other entities that are contained in your Submissions in text, photos, videos, voice clips or any other media and all parties with a claim to rights of any kind in your Submissions.
3. You and Other Parties, if any, included in your Submissions are at least 18 years of age.
4. You will not submit material that is copyrighted or protected by any other intellectual property right except if such rights are owned or controlled by you.
5. You will not submit material that is false or inaccurate.
6. You will not submit material that is disparaging to any individual or group based on race, color, national origin, religion, age, sex (gender), sexual orientation, physical or mental disability or that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, pornographic, or that is otherwise inappropriate.
7. You will not post advertisements or solicitations of business.
8. You will not submit or transmit any viruses or harmful software of any kind.
9. You will not misrepresent yourself or impersonate another person.
Aerosoles reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.
IN NO EVENT SHALL AEROSOLES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AEROSOLES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New Jersey.
The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Aerosoles’ right to later require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect.
1. ELIGIBILITY: This promotion (“Giveaway”) is open only to any legal resident or citizen of the fifty (50) United States or District of Columbia who is 18 years of age or older. Individuals who are employees, officers or directors of Aerosoles (“Sponsor”), and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. All applicable federal, state, and local rules apply. Please note: Anyone who has won a prize in a promotion sponsored by Aerosoles on Instagram in the 12 months prior to the start of this Giveaway, along with any such person’s immediate family or household members who share the same mailing address, is also not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Giveaway Rules (the “Official Rules”) and Aerosoles’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. GIVEAWAY PERIOD: The date and time for the beginning and end of the Giveaway will be indicated in the Instagram post (the “Giveaway Period”).
3. TO ENTER: You must have or create an Instagram account to participate. There is no fee to create an Instagram account. During the Giveaway Period, enter by visiting Aerosoles on Instagram at https://www.Instagram.com/aerosoles_shoes. We invite you to follow the Aerosoles Instagram page, but that is not required to enter the Giveaway. Users who wish to enter the Giveaway must adhere to the requirements set forth in the caption of Aerosoles’s latest Instagram post. Each participant may make a maximum of one (1) entry via this method during the Giveaway Period. Multiple entries are not permitted. Any attempt by any entrant to make more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified in Aerosoles’s sole discretion. All entries must be received by Aerosoles during the Giveaway Period or they will be void. You must not inaccurately tag content (ex: don’t tag yourself in photos if you aren’t in the photo) and you must not misrepresent yourself or impersonate another person.
4. DRAWING: Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements. Giveaway Administrator will choose one potential winner at random to win the prize outlined in Aerosoles’s latest Instagram post. These determinations are final and binding with respect to all matters relating to the Giveaway. No information regarding entries or judging will be disclosed to any third party not involved in the conduct of the Giveaway or without a legal right to be in possession of such information.
5. WINNER NOTIFICATION. Potential winners will be notified via Instagram on or around the time specified in Aerosoles’s latest Instagram post. The winners will be announced on the Instagram post on or around the time specified in Aerosoles's latest Instagram post, and these winners will be notified via Instagram around that time . If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential prize winner will be determined. If a potential winner cannot be contacted or if the prize is not claimed within 48 hours after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place from all entries received.
6. PRIZE: Prize award is subject to verification of eligibility and compliance with these Official Rules. Prizes and the redemption thereof are subject to terms and conditions specified by Aerosoles. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other Giveaway or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a prize with a prize of comparable or greater retail value, in its sole discretion. All taxes on prizes and all costs and expenses, if any, related to acceptance and use of the prize not specified in these Official Rules as being provided are the sole responsibility of winners. All prize details are at Sponsor’s sole discretion.
7. GRANT OF PUBLICITY: By participating in this Giveaway, you agree to permit Sponsor and its designees to use your name, city and state address and image or profile photo for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including but not limited to on Sponsor’s website and on Sponsor’s social media pages, in perpetuity, without compensation (unless prohibited by law) or permission from, or notification to you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.