You have not yet won. THE CONTEST PRIZE WILL ONLY BE AWARDED UNDER CERTAIN CONDITIONS AND PROVIDED THAT THE RULES HEREIN ARE FOLLOWED AND THE WINNER MEETS THE ELIGIBILITY REQUIREMENTS. NO PURCHASE IS NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, ARIZONA, RHODE ISLAND, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS OUTSIDE OF THE UNITED STATES AND WHERE OTHERWISE PROHIBITED BY LAW), WHO ARE AT LEAST THE AGE OF MAJORITY AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. This Create Your Own GoatTM contest (the “Contest”) is sponsored and administered by GOAT USA Inc (“GOAT USA”), 135 Dupont Street, Plainview, NY, 11803.
1. CONTEST PERIOD
Contest begins on 1/5/2022 at 09:00 am EDT. All entries must be submitted on or before 2/6/2022 at 11:59 pm EST. Entries that are received after 2/6/2022 at 11:59 pm EST are void and may be discarded at GOAT USA’s sole discretion. The Contest will end and the potential winner will be announced by 2/10/2022.
This Contest is open only to legal residents of the United States (excluding Alaska, Arizona, Rhode Island, Puerto Rico and all other U.S. Territories and Possessions outside of the United States and where otherwise prohibited by law), who are of the age of majority (i.e., a legal adult) in their state of residence at the time of entry (“entrant” or “you”). A parent or legal guardian may submit a design created by a child on behalf of said child so long as no personal information of the child is being submitted as part of the entry. Employees of GOAT USA (including its officers, directors, contractors, affiliates and subsidiaries) and their immediate families are not eligible. Void where prohibited by law. Contest participants residing in those areas where the Contest is void may participate in the Contest but may not be eligible to win the prize.
An eligible entry may not contain any: (1) third-party or creative commons content; (2) illegal, offensive and otherwise inappropriate content; (3) content that is not created only by the entrant (with the exception that a parent or legal guardian may submit a design created by a child on behalf of said child as discussed above); (4) design that was previously published, otherwise made public elsewhere, or if the rights in such work have been assigned or transferred; (5) design incorporating any personally-identifiable information, such as names, likenesses of individuals, contact information, etc.; (6) any of other content that, in the sole judgment of the sponsor, is inappropriate or illegal (“Prohibited Content”). Any entries containing Prohibited Content are ineligible to participate in the Contest and will be disqualified.
For purposes of the Contest, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address after entry and GOAT USA will not have any obligation to forward the prize to any address that may change following entry submission.
3. ENTRY RULES
This Contest represents a sales and marketing promotion. No purchase is necessary to enter or win. A purchase does not improve the chances of winning the Contest.
In order to enter the Contest, entrants should submit their original design or artwork incorporating or inspired by GOAT USA’s Chuck the Goat TM logo via email to email@example.com or through our website at www.goatusa.com/contest between 1/5/2022 at 09:00 am EDT and 2/6/2021 at 11:59 pm EST. There is no limit to the number of entries each person may submit.
Each entry must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning Entry. Misdirected, lost, late, inaccurate, or incomplete entries are not the responsibility of GOAT USA. False or deceptive acts will render the entrant ineligible. All entries become the property of GOAT USA and are subject to the license provisions in “Paragraph 5. General Conditions” and will be neither returned nor acknowledged.
By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these official rules (the “Official Rules”) which are final and binding in all respects. Any violation of these Official Rules may, at GOAT USA’s sole discretion, result in disqualification. GOAT USA reserves the right to cancel the Contest at any time and/or substitute another promotion in its place.
4. WINNER SELECTION
All entries received during the Contest period will be reviewed for compliance with eligibility rules. Eligible entries will be reviewed and may then be uploaded to an online gallery on the www.goatusa.com website, where GOAT USA fans will get a chance to vote on their favorite entries. GOAT USA will make the first determination as which entries to display and there is no guarantee that any entry will be displayed or will remain posted for any length of time. Popularity of the designs among our fans will be taken into account by the judges in selecting the finalists.
After 2/6/2022 at 11:59 pm EST, when GOAT USA has received and posted eligible entries to the online gallery, GOAT USA will close the online gallery to further voting in order to begin the process of selecting the finalists. On 2/7/2022, GOAT USA’s founders Dylan McLaughlin, Thomas “TJ” Cristina, and Rich Alfaro (the “judges”) will score the eligible entries in the online gallery, assigning points from the maximum 20 total points possible: up to 5 for creativity, up to 5 for presentation, up to 5 for adherence to the theme of the Contest and up to 5 for popularity with the fans. Eight (8) entries that achieve the highest number of points will advance to the final. In the event of a tie, the entries that tied for the highest number of points will also advance to the final. The finalist entries will be posted on GOAT USA’s website for fans to vote on. The fans will be able to vote 1st, 2nd and 3rd place for their favorite finalist entries. A 1st place vote will be awarded (4 points), a second place vote will be awarded (2 points), a third place vote will be awarded (1 point). In order to view and cast a vote for the finalists, the fans will need to submit a valid email address, which will be verified. Only one vote per fan is permitted. Fan votes are subject to verification, including that the fan or anyone on their behalf did not create multiple email addresses and did not know of any duplicative or automated votes made on their behalf. Duplicative or automated votes will be disqualified. The finalist Entry that receives the highest number of valid fan votes totaling to the highest number of awarded points by 2/9/2022 at 11:59 pm EST will win the Contest. In the event two or more finalist entries tie for the number of fan votes by 2/9/2022 at 11:59 pm EST, the tie will be broken by the majority vote of the judges. The potential winner will be announced by GOAT USA by 2/10/2022 at 11:59pm EST. The winning entry will be awarded a cash prize of $400.00, which will be sent to the winner by check via first class mail 2/14/2022, provided that the winner has signed and returned the Affidavit of Eligibility, Copyright Assignment and Liability/Publicity Release. In the event the winning entry was submitted by a parent or legal guardian on behalf of a child, the prize will be awarded to such parent or legal guardian. NOTE: The winner is considered a potential winner pending verification of his/her compliance with these Official Rules.
5. GENERAL CONDITIONS
Except where prohibited, submitting an entry to the Contest constitutes the consent of each entrant, without further compensation, to use entrant’s name, image, likeness (and other rights of publicity), social media handle, biographical data, contact information and entrant’s entry (including but not limited to any part thereof) for editorial, advertising, trade, marketing, publicity, and administrative purposes by GOAT USA and/or others authorized by GOAT USA, and entrant agrees to execute documents confirming such right and license at GOAT USA’s reasonable request. By entering the Contest, the entrant hereby assigns to GOAT USA all right, title and interest, including copyright, to the entry. USA also reserves the absolute right not to use any information about the winner. NOTE: no personal information of children under the age of majority may be submitted as part of any entry, although a parent or legal guardian may submit a design/style created by a child on behalf of such child as part of an entry. The entrants do not acquire any rights whatsoever to GOAT USA’s Chuck the Goat TM logo or in their derivative designs by submitting an entry and participating in the Contest. All rights to GOAT USA’s Chuck the Goat TM logo, including copyrights, are solely the intellectual property of GOAT USA. The prize winner expressly authorizes GOAT USA to use the design/style of the winning entry to be featured in the Spring 2022 T-Shirt Collection of GOAT USA with corresponding stickers, or for any other purpose. GOAT USA reserves the absolute right to determine how such design/style is to be used.
By entering into a Contest, each entrant represents and warrants as follows: (1) that the entrant is at least eighteen (18) years of age or the age of majority in the jurisdiction in which the entrant resides, and the entrant is otherwise able to form a binding contract with GOAT USA; (2) that the entrant fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (3) that any and all materials or information provided by the entrant hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, GOAT USA shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, or otherwise, throughout the world in perpetuity, and in any and all media, now known or hereafter developed or discovered. Any attempted form of participation in this Contest other than as described herein is void. GOAT USA reserves the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any attempted form of participation in this Contest other than as in these Official Rules is void. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by GOAT USA. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted with the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, GOAT USA 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. GOAT USA’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted, including copyright therein, become the property of GOAT USA and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, social media advertising, and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
6. THE PRIZE; ODDS OF WINNING; NOTIFICATION TO PRIZE WINNER:
The odds of winning the prize depend on the number of eligible entries received. Only one prize of $400.00 USD will be awarded to the entrant who submitted the winning entry. GOAT USA will contact the potential winner by email to confirm that they have won and are entitled to receive the prize. GOAT USA is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in an entrant’s account, or any other failure beyond its reasonable control. The name of the winner may also be posted on GOAT USA’s website or social media accounts.
The potential winner is subject to verification of compliance with these Official Rules and may be required to show or submit legal identification to claim his or her prize. The prize will only be awarded to a verified winner. The potential winners may be required to sign and return an Affidavit of Eligibility, Copyright Assignment and Liability/Publicity Release (except where prohibited) and any other requested documents to receive the prize. Any potential winner will forfeit his or her prize if he or she: (1) fails to respond in a timely fashion to any of GOAT USA’s requests for information or signatures with respect the Contest or the prize; (2) cannot be reached at the contact information provided by such individual; (3) rejects the prize (or it is returned undeliverable through no fault of GOAT USA); or (4) is disqualified from the Contest for any reason. Failure to accept the prize shall not invalidate any rights of GOAT USA. Prize winner is solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prize will not be substituted by GOAT USA for any merchandise pursuant to any prize winner's request. GOAT USA, however, reserves the right to substitute an alternate prize of comparable or equal value in its sole discretion. The prize will be made available to the verified winner at the address set forth in the winning entry within ten (10) days after their compliance with these Official Rules is verified. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept the prize, the prize may be forfeited. If the prize is forfeited by a potential winner, it may be awarded to an alternate winner, who will be selected from among the finalists by the majority vote of the judges. If, after a good-faith attempt, GOAT USA is unable to award or deliver a prize, the prize may not be re-awarded, nor is GOAT USA responsible for re-awarding any prizes. Any portion of a prize not accepted by winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the prize won. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility.
7. LIMITATION OF LIABILITY, RELEASES AND INDEMNITY:
By participating in this Contest, each entrant agrees that GOAT USA and any other party associated with the development or administration of this Contest; their parent, subsidiary, and affiliated entities; and the respective officers, directors, members, shareholders, employees, independent contractors, agents, attorneys, representatives, successors and assigns of each (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vi) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest, accepting the prize, and/or use of the prize; and (vii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of the entrant’s rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, discharge and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, use, non-use, misuse, inability to use, loss, negligence or willful misconduct in connection with the use of the prize; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (h) tax issues; or (i) the negligence or willful misconduct by any entrant. By entering this Contest, each entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder, or any actions taken in connection with the prize. If, for any reason, the Contest is not capable of running as planned, GOAT USA reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more than one prize be awarded in accordance these Official Rules. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS CONTEST. GOAT USA’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
8. APPLICABLE LAWS, JURISDICTION AND DISPUTES:
THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NASSAU COUNTY, NEW YORK, OR THE EASTERN DISTRICT OF NEW YORK’S FEDERAL COURT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NASSAU COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED THE ACTUAL CASH VALUE OF THE PRIZE, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR THE RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
9. DISCLOSURE OF NAME AND ADDRESS OF THE WINNER:
The name and address of the winner may be obtained by sending a self-addressed stamped envelope to: GOAT USA, 180 Dupont Street, Plainview, NY, 11803. GOAT USA shall provide the name and address of the winner to any person upon request within 60 days of GOAT USA’s receipt of the request. Request for the name and address of the winner must be received no later than December 31, 2021. By entering the Contest, you agree to having your name and address provided to anyone who may properly request the name of the winner under this paragraph.
10. NAME REMOVAL
Participants may contact GOAT USA to request that their names and contact information be removed from future Contest mailings by sending a written request to GOAT USA, 135 Dupont Street, Plainview, NY, 11803. GOAT USA will remove such individual’s name and contact information from future Contest mailings within 60 days of GOAT USA’s receipt of the removal request.
11. GOAT USA'S FINAL DISCRETION:
To the extent not covered herein, GOAT USA reserves the right to make determinations in connection with this Contest subject to its sole discretion. If you have any questions, please feel free to contact GOAT USA at the address listed in Paragraph 10. NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.