Terms & Conditions
Please read the following general terms and conditions of use carefully before using TheFryeCompany.com. ("Website"). By using this Website or downloading materials from it, you agree to abide by these terms and conditions of use. If you do not agree to these terms and conditions of use, do not use this Website.
This Website is provided by The Frye Company ("Frye"). Frye is a division of GBG USA, Inc.
Frye x Newport Folk Festival Sweepstakes - Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: Frye x Newport Folk Festival Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States and District of Columbia, who are at least the age of majority in their state of residence at the time of entry. Employees, officers, directors, and agents (and their immediate families and members of their households, whether or not related) of Frye Retail LLC (“Sponsor”), Newport Folk Festival, Branded Onlne Inc. (“Branded”), and their respective parents, subsidiaries, affiliates, franchisees, and advertising, promotion, prize suppliers, and prize fulfillment agencies, as applicable, are not eligible to enter or win. Promotion is void where prohibited by law. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. Subject to all applicable federal, state, and local laws and regulations.
2. Sponsor: Frye Retail LLC, 350 Fifth Ave., New York, NY 10118.
3. Timing: The Promotion begins on June 26, 2019 at 12:01 a.m. Pacific Time (“PT”) and ends on July 5, 2019 at 11:59 p.m. PT (the "Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
4. How to Enter: During the Promotion Period, eligible individuals may enter the Promotion by visiting https://www.thefryecompany.com/newport-folk-festival-sweepstakes and completing the electronic entry form.
Limit: one entry per person/per email address. Individuals must provide all applicable information requested to be eligible to win. Upon submission of the completed entry form, the individual is deemed an “entrant” for purposes of the Promotion. Incomplete entries will be disqualified. Multiple entrants are not permitted to share the same e-mail address. In the event of a dispute as to any entry, the authorized account holder of the e-mail account submitted on the electronic entry form will be deemed to be the entrant. The “authorized account holder" is the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to show proof of being the authorized account holder. Entrants agree to be bound by all decisions of Sponsor, which are binding and final.
5. Prize Drawing & Odds of Winning: After the Promotion Period ends, on or about July 8, 2019, sponsor will randomly select the potential winner from among all eligible entries received. Odds of winning the prize depend on the total number of eligible entries received.
6. Winner Requirements: The potential winner will be notified by e-mail and must respond to Sponsor within five (5) days of notice to claim the Prize or the potential winner will forfeit the Prize and another winner will be selected. Except where prohibited, the potential winner and their Guest (as defined below) may be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Release”), which must be received by Sponsor within the time period set forth by Sponsor, in order to claim his/her Prize. If a potential winner cannot be contacted, fails to claim the Prize within fails to execute and return the Release within the required time period, or does not comply with these Official Rules, such potential winner forfeits the prize.
7. Prize: There will be one (1) winner selected to win the prize (“Prize”): The Prize consists of the following:
Two (2) 3-Day Passes to the Newpork Folk Festival in Fort Adams, Newport, Rhode Island; three (3) nights’ accommodationat Hotel Viking; and one (1) pair of boots for both winner and guest. Approximate Retail Value (“ARV”) of the Prize: $2,500.
Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Sponsor reserves the right to substitute any Prize, or portion thereof, with a Prize of comparable or greater value, in its sole discretion. Guest companions must be at least eighteen (18) years of age or the winner must be the Guest’s parent/legal guardian. Winner and their eligible Guest are responsible for their own costs and expenses associated with the acceptance or use of the Prize that are not specifically stated above (including, without limitation, cost of transportation and lodging to the Event and costs/expenses incurred at the Event). All federal, state and local taxes on the Prize value are the sole responsibility of the winner. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or Prize items. Prize is provided “as is.” Sponsor has not made nor is responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize, including without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. Event tickets may be subject to additional terms and conditions. Sponsor is not responsible if the Event is delayed, postponed or canceled for any reason. Winner will not receive compensation from Sponsor for tickets that the winner is unable to use due to cancellation or postponement of the Event. Winner agrees that Event admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. In the event Sponsor, for any reason whatsoever, is unable to provide the meet and greet opportunity, no compensation or substitution will be provided; however, the remainder of the Prize package will be awarded and Sponsor will have no further obligation to winner or his/her Guest. Winner may be required to produce government-issued identification.
ARV of the Prize may vary and may fluctuate due to market conditions, changes in value of components and other reasons beyond Sponsor’s control. ARV at time of actual Prize award may be different than ARV stated herein due to such conditions. Any difference between stated ARV and actual value of Prize upon award will not be awarded. Winner will be issued a 1099 tax form for the Prize value.
8. Publicity: Except where prohibited, acceptance of the Prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness and/or prize information in connection with the Promotion for promotional, advertising or other purposes without payment, notification, permission or other consideration, except where prohibited by law.
9. Release: By entering the Promotion, entrants agree to release and hold harmless Sponsor, Newport Folk Festival, Branded and their respective parent companies, subsidiaries, affiliates, distributors, advertising/promotion agencies, promotion partners, prize suppliers, representatives, successors and assigns, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claim or cause of action, to the fullest extent permissible by law, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to shipping or other malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that such confirmation occurs prior to the drawing.
12. Disputes: Except where prohibited, all Entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be governed by the laws of the State of New York and shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Winner List: For a list of the winners, send a self-addressed stamped envelope to Frye x Newport Folk Festival Winner List, Frye Retail LLC, 350 Fifth Ave., New York, NY 10118. Attn: Jessica Kreindel. Requests for a winner list must be received ninety (90) days after the winners of the Promotion are chosen.
Frye Retail LLC, a division of GBG USA Inc., has exclusive rights to the Frye mark and related marks. All rights reserved.
Subject to the terms and conditions set forth herein, Frye grants you a non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of this Website in any way. Frye authorizes you to view and download the information ("Materials") from this Website only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials, or copies of the Materials, and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person.
Intellectual Property Information
This Website, including all Materials, is copyrighted by Jimlar and protected by United States and international copyright law including all treaties to which the United States is a party. You agree to comply with all such copyright laws in your use of this Website and to prevent any unauthorized copying of the Materials. Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Frye.Copyright infringement is a violation of federal law subject to criminal and civil penalties. Except as expressly provided herein, Jimlar does not grant any express or implied right to you under any copyrights, patents, trademarks, trade secret or other proprietary information.FRYE, FRYE & FF Design, FF Design, CAMPUS™ and SMALL FRYE are registered trademarks of Jimlar.
INFORMATION, MATERIALS, AND SOFTWARE AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FRYE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE, OR OTHER WEBSITES WHICH MAY BE ACCESSED FROM THIS WEBSITE. INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FRYE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. FRYE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. FRYE MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
This Website is controlled, operated, and administered by Frye from its offices in the United States of America. Information that Frye publishes on this Website may contain references or cross-references to programs and services that are not announced or available in your country. Such references do not imply that Frye intends to announce such products, programs, or services in your country.
Third Party Links
Frye makes no representations whatsoever about any other website which you may access through this Website. When you access any such other website, please understand that it is independent from Frye, and that Frye has no control over the content on that website. In addition, a link to a non-Frye website does not mean that Frye endorses or accepts any responsibility for the content and/or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Information provided by you
Frye does not want to receive confidential, proprietary, or trade secret information, including but not limited to materials, suggestions, ideas, or comments, through this Website from you ("User Generated Content"). Please note that any such User Generated Content sent to Frye will be deemed non-confidential. Moreover, by submitting such User Generated Content, you are granting Frye an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating feedback.
These Terms and Conditions of Use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.
Terms and Conditions for the "Fans of Frye"™ Facebook Page
The "Fans of Frye"™ Facebook Page is intended to provide a place for fans of The Frye Company ("Frye"), Frye footwear and accessories, and promotions. Frye is a division of Jimlar Corporation ("Jimlar”), a division of LF USA Inc. All comments, visuals, videos and other type of material posted by fans on this site ("User Content") do not necessarily reflect the opinions or ideals of Frye or Jimlar, its employees or affiliates. Frye and Jimlar (a) do not represent or warrant the accuracy of any statement or product claims made here, (b) are not responsible for any User Content on this site, and (c) do not endorse any opinions expressed on this fan page.
• are libelous, defamatory, obscene, harmful, pornographic, promoting violence, or represent infringement of privacy;
• infringe any third party commercial protected rights;
• contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• provide any links to any third party websites that contain materials that are libelous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy, or that infringe third party commercial protected rights or that contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or
• solicit any financial funds.
Frye reserves the right to remove any material that it, in is sole discretion, does not deem to be compliant with these Terms and Conditions.
If you post User Content to the "Fans of Frye"™ Facebook Page, such content will not be treated as confidential. You will retain ownership of any User Content you have posted, but by submitting content, you (or, if a minor, your parent or legal guardian) agree that Frye and Jimlar, its subsidiaries, affiliates, their respective successors, assigns and those acting under their permission (collectively, the "Jimlar Group") shall receive an irrevocable, perpetual, global and royalty-free license, to use, broadcast, publish, modify, and create derivative works of such User Content for advertising, promotion, publicity, trade, merchandising, packaging, public relations and media purposes, and for any other lawful purposes whatsoever, in all media now known or hereafter developed, with or without attribution to you.
You expressly release and hold harmless the Jimlar Group, its officers, agents, employees and those acting under its authority, from any and all claims and liabilities of any kind arising out of or in connection with the User Content. This release shall be binding upon your heirs, administrators, executors and assigns. FRYE, FRYE & FF Design, FF Design, CAMPUS™ and SMALL FRYE are registered trademarks of Jimlar.