TERMS AND CONDITIONS

VANS CUSTOM CULTURE CONTEST
NO PURCHASE NECESSARY.

Sponsor: Vans, a division of VF Outdoor, LLC, 1588 South Coast Drive, Costa Mesa, CA 92626.

Region: United States of America.
Time Zone: Pacific Time (PT).
Contest Website: custom-culture.vans.com
Language (for Finalist Bio): English.

Contest is open only to legal residents of Region, 13 years of age or older. (If you are a minor in your place of residence; a “minor”), be sure to get your parent’s permission before entering the Contest. See Rule 14 below for additional eligibility requirements. Void where prohibited by law.

Other countries/areas outside of Region will offer their own versions of the Contest contemporaneously with this Contest. Each country’s/area’s version of the Contest is completely independent of the Contest offered by any other country/area. Each Contest will have its own separate prizes in accordance with its own Official Rules even though entries/designs from the various different Contests may be accessible via the same website and VANS Custom Culture materials may refer to prizes from all countries/areas collectively.

By participating in the Contest, you (and, if you are a minor, your parent or legal guardian) agree to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.

  1. CONTEST PERIOD.
    Contest starts on September 5, 2019 and ends on December 12, 2019. The dates of the various stages comprising the Contest are set forth in the following chart. Sponsor’s computer is the official clock for the Contest. With regard to the public voting phases of the Judging, Sponsor reserves the right in its sole discretion to modify the start and end dates/times of the public vote by posting a notice to such effect on the Contest Website. Sponsor further reserves the right to modify the timing of public announcement of Finalists and Grand Prize winner for any reason by posting notice to such effect on the Contest Website.
    Stage of Contest Start Date End Date
    Submission Period September 5, 2019 @ 12:00:01 a.m. September 29, 2019 @ 11:59:59 p.m.
    Public Voting (as part of 1st Round Judging) October 1, 2019 @ 12:00:01 a.m. October 13, 2019 @ 11:59:59 p.m.
    1st Round Judging October 14, 2019 October 16, 2019
    Finalist Notification On/After October 16, 2019
    Finalist Submission Period November 10, 2019
    Public Announcement of Finalists December 5, 2019
    Public Voting (as part of 2nd Round Judging) December 5, 2019 @ 12:00:01 a.m. December 12, 2019 @ 11:59:59 p.m.
    2nd Round Judging December 13, 2019 December 18, 2019
    Public Announcement of Grand Prize Winner On/After January 3, 2020
  2. CONTEST THEME.
    Design your own Vans shoe reflecting your unique style.
  3. HOW TO ENTER.
    Go to the VANS Custom Culture Contest Website and follow these steps:
    1. Complete an entry form with all required information, including your name and e-mail address.
    2. Check the box indicating that you (if a minor, your parent/legal guardian) have read, understand and fully agree to these Official Rules. The preceding includes that the representation that you/your child resides in Region and is otherwise fully eligible to participate in the Contest. YOUR ENTRY WILL NOT BE ACCEPTED IF YOU DO NOT INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE OFFICIAL RULES.
    3. Create an ORIGINAL design for a pair of VANS Authentics shoes on a paper flat shoe template (using paint, pencil, crayon, marker, graphic design or other durable media), scan and/or upload the design as a .pdf file and then submit the design to the Contest Website.

    Sponsor may also hold shoe design workshops at select VANS-owned retail locations in Region; if and as applicable, a list of retail locations with workshops (as well as workshop hours) may be found at the Contest Website. At a workshop, paper flat shoe templates and art materials will be made available (while supplies last) for interested persons to create an original design for a pair of VANS Authentics shoes. Available art materials may vary by workshop. Seating at workshop is limited; and, allotted time for design creation may also be limited. Participation in a workshop is offered on a first come-first served basis, and Sponsor does not guarantee that all interested persons will have an opportunity to create an original design at a given workshop (as well as disclaiming any and all liability in conjunction therewith.) Retail personnel will not assist attendees in the creation of she designs; as set forth below, the shoe design must be the ORIGINAL work of entrant. Completed shoe designs will not be accepted at workshops and must be submitted via the Contest Website as set forth above. In participating at a workshop, interested persons agree to act at all times in an appropriate, well-behaved and courteous manner, following all instructions of retail location personnel. FAILURE TO DO SO INCLUDING BUT NOT LIMITED TO HORSEPLAY AND INTERFERING WITH OTHER PERSONS IN CREATING THEIR SHOE DESIGNS WILL RESULT IN AUTOMATIC EJECTION FROM WORKSHOP/RETAIL LOCATION AND DISQUALIFICATION FROM THE CONTEST. SPONSOR FURTHER RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST ANY INDIVIDUALS BELIEVED TO BE ENGAGED IN SUCH IMPROPER CONDUCT.

    All 1st round entries must be received by September 29, 2019 at 11:59:59 p.m.

    BY ENTERING THE CONTEST, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) UNDERSTAND AND AGREE THAT YOUR/YOUR CHILD’S PERSONAL INFORMATION WILL ONLY BE USED FOR PURPOSES OF CONTEST ADMINISTRATION. YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) WILL RECEIVE APPROXIMATELY EIGHT (8) TRANSACTIONAL E-MAIL MESSAGES FROM SPONSOR REGARDING YOUR/YOUR CHILD’S PARTICIPATION IN THE CONTEST. IF YOU DO NOT WISH TO RECEIVE SUCH E-MAIL MESSAGES, THE SOLE RECOURSE IS FOR YOU/YOUR CHILD NOT TO PARTICIPATE IN THE CONTEST.

    YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) WILL NOT RECEIVE ANY PROMOTIONAL/MARKETING E-MAILS FROM SPONSOR NOR WILL YOUR/YOUR CHILD’S PERSONAL INFORMATION BE USED FOR PROMOTIONAL/MARKETING PURPOSES UNLESS YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) EXPRESSLY AGREE TO SUCH USE BEFOREHAND.

    YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) ARE ALSO ENCOURAGED TO REVIEW SPONSOR’S PRIVACY POLICY ACCESSIBLE VIA THE CONTEST WEBSITE BEFORE ENTERING THE CONTEST.

  4. ENTRY RESTRICTIONS.
    1. 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 Contest altogether and all of his/her entries/designs declared void.
    2. Proof of submission does not constitute proof of receipt or proof of entry.
    3. Assistance from other persons (including, for a minor, by his/her parent or legal guardian; for persons participating at a workshop, by VANS retail store personnel) or joint/group/team submissions are prohibited.
    4. Technical specifications for designs are set forth on the Contest Website, made a part of these Official Rules and are incorporated herein by reference. In the event of any inconsistency between such technical specifications and these Official Rules, the technical specifications will prevail, govern and control with regard to the acceptable parameters for the design; in all other respects, these Official Rules will prevail, govern and control.
    5. 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.
    6. Design must be submitted at time of entry; partial/piecemeal submissions will NOT be accepted. DO NOT INCLUDE AN EXPLANATION OR ARTIST STATEMENT ALONG WITH THE DESIGN. THE DESIGN MUST “SPEAK FOR ITSELF.”
    7. Receipt of entries will be acknowledged (including by being posted on the Contest Website if preliminarily determined to be eligible as per Rule 7 below) but such acknowledgement is NOT otherwise binding upon Sponsor.
    8. Entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified.
    9. 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 provided on entry form, as of 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 provided e-mail address.
    10. If using a mobile device to participate in the Contest, 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 Contest via mobile device. Wireless Internet access may not be available in all areas and on all mobile devices.
  5. RESTRICTIONS ON CONTENT OF DESIGN.
    Submission will be declared void and will not result in Contest entry if Sponsor determines in its sole discretion that the design does not fully comply with Sponsor’s “Customs Products Terms and Conditions” in the www.vans.com Terms of Use at www.vans.com/terms-conditions.html. The preceding includes designs with:
    1. Content that may infringe the trademark or copyright or other intellectual property rights of someone else (e.g., brand names or logos, product names, events, professional sports teams, even color combinations, or photographs or artwork belonging to someone else);
    2. A Name or nickname or symbol or image associated with another person (living or dead) unless you have that person’s consent;
    3. Content that may be or may contain images that are insulting, abusive, inciting violence, threatening, intimidating, obscene, inflammatory, sexually explicit, profane, offensive, harassing, derogatory, degrading, defamatory, harmful, discriminatory or unlawful or invasive of another’s privacy;
    4. Personal information (e.g., phone number, e-mail address of entrant or any other person);
    5. Is not related to the Contest Theme set forth in Rule 2 above;
    6. Has been previously published; or
    7. Disparages or damages the goodwill and/or business reputation of Sponsor or its VANS brand.
    Sponsor in its sole discretion may condition preliminary determination of eligibility, selection as a Finalist and/or the award of prize upon a person providing adequate proof of such consents, upon Sponsor’s request and without compensation.
  6. GRANT OF RIGHTS IN DESIGN.
    In exchange for the opportunity to participate in the Contest, as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:
    1. Entrant (and, if a minor, his/her parent or legal guardian) grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her design (and, if entrant is selected as a Finalist as set forth below, his/her Vans Era™ shoe submission) in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such individual.
    2. Entrant (and, if a minor, his/her parent or legal guardian), as applicable, further
      1. waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the design; and
      2. agrees, 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 this Rule.
    3. Entrant (if a minor, his/her parent or legal guardian) further understands and agrees 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) entrant’s design and that Sponsor shall have no liability to such individual 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 entrant relative to entrant’s design.
  7. POSTING OF DESIGNS.
    1. If Sponsor, based on its preliminary and non-binding determination, concludes that an entry/design is eligible, the design will be posted on the Contest Website and will participate in the 1st Round judging as described below. Such posting does not, however, constitute any representation of selection of entrant as a potential Finalist or as the Grand Prize winner in the Contest. SPONSOR MAY LATER REVERSE OR RESCIND A PRELIMINARY DETERMINATION THAT AN ENTRY/DESIGN IS ELIGIBLE WITHOUT EXPLANATION, NOTIFICATION OR LIABILITY OF ANY KIND.
    2. Persons should allow approximately three (3) business days for Sponsor to conduct its preliminary review of entries/designs.
    3. 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 CONTEST.
  8. WINNER DETERMINATION
    1. 1st Round Judging. The 1st Round judging will be comprised of evaluation of designs by an expert panel comprised of Vans employees pursuant to the following criteria: (a) originality; (b) creativity; (c) alignment with the spirit of the VANS brand; (d) popularity of designs in the public vote. The expert panel will select 10 Finalists in the 1st Round Judging to advance to the 2nd Round Judging.
    2. 2nd Round Judging.
      1. Potential Finalists will be notified by e-mail and must complete, sign and return an Affidavit of Eligibility, Liability Release and a Publicity Release (where legal) within three (3) days of date of notification (or such shorter amount of time as indicated thereon.) If potential Finalist is a minor, the Affidavit/Release must be signed by his/her parent or legal guardian on his/her behalf. In the event of noncompliance with this requirement, if potential Finalist cannot be contacted by Sponsor for any reason (including e-mail being classified as “SPAM” or “junk”) or if he/she is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules, the Finalist prize and opportunity to possibly win the Grand Prize will be forfeited without compensation and an alternate potential Finalist may be selected as set forth above (time permitting).
      2. If Affidavit/Release is timely returned and validated by Sponsor, Finalist will receive two (2) pairs of Vans Era™ shoes (blank/white color) to be used to compete in the 2nd Round judging phase of the Contest.
      3. Finalist will design one (1) of the Vans Era™ shoes as his/her submission for the 2nd round judging. In designing the Vans Era™ shoe, Finalist may use paint, pencil, crayon, marker or other durable media. Design may include a tactile element, such as glitter. The Finalist’s design of the Vans Era™ shoe need not complement or relate in any way to the initial design submitted by Finalist as his/her entry. THE SHOE CANNOT BE ALTERED FROM ITS ORIGINAL FORM, HOWEVER. DO NOT INCLUDE AN EXPLANATION OR ARTIST STATEMENT ALONG WITH THE DESIGN. THE DESIGN MUST “SPEAK FOR ITSELF.” For the avoidance of doubt, the content restrictions and grant of rights for the paper shoe design submitted as one’s initial design entry (in Rules 5 and 6 above) apply to the design of the Vans Era™ shoe in the 2nd Round judging as well, subject to the caveat that the Grand Prize winner (and, if a minor, his/her parent or legal guardian) assigns to Vans any and all rights in his/her the Vans Era™ shoe submission as per Rule 12 below, if applicable.
      4. Additional technical specifications for Vans Era™ shoe submissions will be provided to Finalist along with the pairs of Vans Era™ shoes. In the event of any inconsistency between such technical specifications and these Official Rules, the technical specifications will prevail, govern and control with regard to the acceptable parameters of the Vans Era™ shoe submission; in all other respects, these Official Rules will prevail, govern and control.
      5. In addition to the creation of the Vans Era™ shoe submission, Finalist must provide a biographical statement (“bio”) setting forth his/her education and experience as an artist. Bio must be in indicated language and cannot exceed 200 words. BY SUBMITTING A BIO, YOU (IF A MINOR, YOUR PARENT/LEGAL GUARDIAN) REPRESENT AND WARRANT THAT ANY AND ALL INFORMATION STATED THEREIN IS TRUTHFUL IN ALL MATERIAL RESPECTS AND YOU (IF A MINOR, YOUR PARENT/LEGAL GUARDIAN) UNDERSTAND AND AGREE THAT SPONSOR OR ITS DESIGNATED REPRESENTATIVE MAY CONTACT ANY PERSONS OR INSTITUTIONS REFERENCED THEREIN SO AS TO CORROBORATE THE FACTS OF YOUR BIO WITHOUT FURTHER NOTIFICATION TO YOU. DO NOT EXAGGERATE OR EMBELLISH YOUR EDUCATION/EXPERIENCE IN YOUR BIO.
      6. The Finalist must return the Vans Era shoe submission and bio to Sponsor at the same time in the pre-paid, pre-addressed courier envelope the Vans Era™ shoe submission for receipt by November 10, 2019. Sponsor will photograph the Vans Era™ shoe submission of each Finalist and upload such photograph to the Contest website.
      7. All Finalists’ Vans Era™ shoe designs will be uploaded by Sponsor contemporaneously. Sponsor will provide comparable efforts in photographing and uploading all Finalists’ Vans Era™ shoe submissions, with the objective of establishing a fair and level playing field for the 2nd Round judging.
      8. The 2nd Round judging will be structured in the same manner as the 1st Round judging, being comprised of evaluation of the designs of the Vans Era™ shoes by an expert judging panel using the same criteria as in the 1st Round judging. The potential Grand Prize winner is the Finalist whose design is chosen 1st overall in the 2nd Round judging by the expert judging panel.
      9. The potential Grand Prize winner will be notified by e-mail and must complete, sign and return a second Affidavit of Eligibility, Liability Release and a Publicity Release (where legal) within three (3) days of date of notification (or such shorter amount of time as indicated thereon), winner will indicate his/her preference for date of Grand Prize trip in such second Affidavit/Release; if potential Grand Prize winner is a minor, the Affidavit/Release must be signed by his/her parent or legal guardian on his/her behalf. If the event of noncompliance with this requirement, if potential Grand Prize winner cannot be contacted by Sponsor for any reason (including e-mail being classified as “SPAM” or “junk”) or if he/she is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules, the Grand Prize will be forfeited without compensation and an alternate potential Grand Prize winner selected as set forth above. (In case of Grand Prize forfeiture, Finalist [i.e., disqualified, former Grand Prize winner] will receive a Finalist Prize in lieu of Grand Prize absent extraordinary/extenuating circumstances, as determined by Sponsor in its sole discretion.)
  9. ADDITIONAL CONDITIONS OF PUBLIC VOTING.
    1. An individual must be a legal resident of Region, 13 years of age or older and register on the Contest Website prior to voting. (If under 18, be sure to get your parent’s permission BEFORE voting.) A registered individual may vote for one (1) or more designs/ Vans Era™ shoe submissions once per day (12:00:01 a.m. – 11:59:59 p.m.) An entrant/Finalist may vote for his/her own design/ Vans Era™ shoe submission.
    2. An individual will not receive compensation of any kind in conjunction with voting.
    3. By voting, you (if a minor, your parent or legal guardian) agree to cooperate fully with Sponsor upon request and without compensation in any investigation that Sponsor may undertake so as to confirm the legitimacy of any public vote.
    4. The use of automated, robotic, or programmed voting mechanisms or any other device or artifice so as to manipulate or undermine the legitimacy of any public vote is prohibited and constitutes a form of tampering as discussed below In Rule 14. The preceding expressly includes but is not limited to accepting compensation or a benefit of any kind as a quid pro quo for voting for a given design/ Vans Era™ shoe submission, not voting for a given design/ Vans Era™ shoe submission or disparaging a given design/ Vans Era™ shoe submission.
    5. Should an entrant/Finalist wish to promote his/her design (or Vans Era™ shoe submission, as the case may be) in an effort to attract votes for same, any such material must comply with the content restrictions set forth in Rule 5 above as applicable, as well as including the hashtag #VANSCUSTOMCULTURECONTEST so as to disclose that the entrant/Finalist is participating in a contest sponsored by Vans in the interest of winning prizing.
    6. Any violation of the restrictions as to the public voting may result in the discounting of votes determined by Sponsor in its sole discretion to be tainted and, if the violation is determined to be particularly egregious, repeated or blatant, disqualification (with prize forfeiture, if applicable) of the entrant/Finalist whose design/Vans Era™ shoe submission benefitted therefrom.
    7. Sponsor will display designs/ Vans Era™ shoe submissions in any pattern, format or sequence which may or may not be rotated or varied one or more times during the applicable voting period in Sponsor’s sole discretion. Designs/ Vans Era™ shoe submissions will be attributed to entrants/Finalists in a uniform manner to be determined by Vans in its sole discretion.
    8. By participating, you (and, if you are a minor, your parent or legal guardian) understand and agree that the design as posted on the Contest Website when participating in the 1st Round judging phase of the Contest may differ from the content you submitted as an entry due to technological limitations, malfunctions, failures or errors; similarly, if you are a Finalist, you (and, if you are a minor, your parent or legal guardian) understand and agree that the photograph taken by Sponsor of the physical Vans Era™ shoe that you submitted when participating in the 2nd Round judging phase of the Contest may differ from your actual Vans Era™ shoe submission due to technological limitations, malfunctions, failures, errors and the nature of the artistic vision of the photographer. You (and, if you are a minor, your parent or legal guardian) further agree to release and hold harmless Sponsor from any liability in conjunction therewith.
    9. Any vote total posted on the Contest Website for a given design/ Vans Era™ shoe submission may be revised or altered by Sponsor at any time without liability or notice of any kind. Sponsor disclaims any liability in conjunction with any erroneous or outdated vote tallies posted on the Contest Website.
  10. PRIZES/PRIZE RESTRICTIONS

    GRAND PRIZE (1) – $20,000 cash prize award and a $5,000 cash payment for assignment by Grand Prize winner (if a minor, his/her parent or legal guardian) of any and all rights of Grand Prize winner in his/her physical Vans Era™ shoe submission as per Rule 12 below (collectively awarded as a $25,000 check); $100,000 donation to an art charity by Vans in honor of winner, a 6 day/5 night trip to Vans headquarters in Costa Mesa, California on mutually agreed upon date in Winter/Spring 2020 for winner alone (without a guest; however, if winner is a minor in his/her jurisdiction of residence, Sponsor reserves the right to require the minor winner to be accompanied on trip by his/her parent or legal guardian and in such case the parent or legal guardian will be required to sign and return a Liability Release and Publicity Release, where lawful) where winner will work with a mentor assigned by Sponsor (“Mentor”) to create a pair of Vans Era™ shoes based on the design he/she submitted to the 2nd Round judging. Trip consists of roundtrip coach air transportation from major commercial airport near winner’s residence to Los Angeles, California; standard hotel accommodations for [5] days/nights; ground transportation between hotel and airport as well as between airport and meeting with Mentor. Sponsor may – but is in NO WAY obligated to – produce for retail sale a pair of Vans Era™ shoes based on the design winner submitted to the 2nd Round judging or to make any other commercial use of any Vans Era™ shoe submission. Approximate Retail Value: $3,000. (Approximate Retail Value is based on the winner being age of majority; if winner is a minor and must be accompanied by his/her parent or legal guardian on Grand Prize trip, Approximate Retail Value will be $6,000 instead.)

    FINALIST CONSOLATION PRIZE (9) – $800 Vans Gift Card, which is subject to terms and conditions of use which may include an expiration date (where lawful).

    Grand Prize:

    1. GRAND PRIZE TRIP MUST BE TAKEN ON DESIGNATED DATES AS AGREED UPON BY WINNER AND SPONSOR; IF WINNER IS NOT AVAILABLE ON SUCH DATES FOR ANY REASON, GRAND PRIZE WILL BE FORFEITED WITHOUT COMPENSATION AND AN ALTERNATE GRAND PRIZE WINNER WILL BE SELECTED.
    2. Grand Prize is subject to availability and other restrictions. Sponsor will determine airport/flight itinerary as well as hotel. Winner must make travel arrangements using Sponsor’s designated travel agent. No award points, frequent flier miles or other “perks” will be awarded in conjunction with Grand Prize travel.
    3. Should Grand Prize winner live within reasonable driving distance of Vans headquarters in Costa Mesa, California (as determined by Sponsor in its sole discretion), ground transportation will replace air travel component of Grand Prize and no alternate prize or compensation will be awarded.
    4. The person functioning as Mentor shall be determined by Sponsor in its sole discretion. Mentor’s participation is subject to his/her availability and professional commitments. Mentor’s interaction with Grand Prize winner will be supervised and will consist of no more than three [3] sessions each lasting approximately [60-90] minutes. If Mentor is not available as intended or at all, the remaining elements of the Grand Prize shall represent Sponsor’s entire liability to Grand Prize winner. Mentor is not obligated to sign autographs or pose for photos/videos to be taken with or by Grand Prize winner. Additional restrictions apply to Mentor element of the Grand Prize.
    5. Vans will supply winner with a list of art charities, one of which must be selected by winner. Vans – NOT the winner – will make a donation of $100,000 to the selected art charity; and, accordingly, Vans will receive any tax or other benefits accruing from such donation. Winner may not claim any charitable tax deduction or other benefit of any kind in conjunction with donation. Should winner fail to select an art charity from the list for any reason within the indicated time period to do so, Vans shall instead select the charity in its sole discretion.
    6. Winner agrees to conduct him/herself at all times in an appropriate, well-behaved and respectable manner during the Grand Prize trip as well as following all instructions of prize suppliers. This includes but is not limited to his/her interaction with the Mentor. Should Sponsor determine that winner has failed to do so, Grand Prize trip will be immediately terminated, with Sponsor having no further liability or obligation to winner; and, Sponsor reserves the right to pursue all available legal remedies against winner.

    In General:

    Limit of one (1) prize per family, household or address: Grand Prize winner will NOT also receive a Finalist Prize. If winner is a minor, Sponsor may award prize in the name of or to the winner’s parent or legal guardian in its sole discretion. No prize substitution or redemption for cash except by Sponsor due to unavailability of prize/prize component for any reason and then for prize/prize component of equal value. (The preceding excludes Finalist Prizes where applicable law provides for the cash redemption of gift card by the holder of same.) No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. All applicable taxes and unspecified expenses in conjunction with prize acceptance/use are prize winner’s sole responsibility; for Grand Prize winner, such unspecified expenses include costs of travel to and from departure airport, gratuities, souvenirs and other incidental travel expenses. Receipt of prize by winner will be reported to governmental tax authorities as required by applicable law, and winner (if a minor, his/her parent or legal guardian) agrees to fully cooperate with Sponsor and its designees as to their compliance with such reporting requirement.

  11. RELEASES
    1. Where legal, by accepting prize, winner (and, if winner is a minor, his/her parent or legal guardian) agrees to the use of winner’s 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. For Grand Prize, the preceding expressly includes but is not limited to Sponsor possibly creating video and audio recordings of the winner’s sessions with Mentor which may be used by Sponsor for advertising/publicity/trade purposes. For Finalists, the preceding expressly includes Sponsor’s creation of photograph of his/her Vans Era™ shoe submission (as discussed above) and perhaps video/audio recordings of Finalist creating the Vans Era™ shoe submission which may be used by Sponsor for advertising/publicity/trade purposes.
    2. By participating, entrant (and, if entrant is a minor, his/her parent or legal guardian) releases and agrees to hold harmless Sponsor, its parent, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, independent contractors (including Mentor), employees, successors and assigns of any of the above organizations, as well as Facebook, Inc./Instagram, Twitter, Inc. and other social media channels, from any and all liability arising from the Contest. The preceding includes but is not limited to damage to computer or mobile device (or information/data stored thereon) used by an individual to participate in the Contest.
  12. ASSIGNMENT OF OWNERSHIP OF GRAND PRIZE WINNER’S DESIGN TO SPONSOR & POSSIBLE USE OF DESIGN

    In exchange for the $5,000 cash payment (as set forth in Rule 10 above), as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, winner (and, if winner is a minor, his/her parent or legal guardian) agrees to transfer and assign any and all rights, title, and interest in and to the winner’s Vans Era™ shoe submission, any prototypes, models or other work product relating to the Vans Era™ shoe submission which was the result of the winner’s sessions with Mentor (collectively, “Work Product”), to Sponsor, including but not limited to the copyright and renewal rights in the Work Product, worldwide. Winner (and, if winner is a minor, his/her parent or legal guardian) also agrees, upon the request of Sponsor and without compensation other than the $5,000 cash payment, to execute all documents and take all actions deemed necessary by Sponsor, in its sole discretion so as to effect, record or perfect the foregoing assignment of rights in the winner’s Work Product.

    Should Sponsor in its sole discretion choose to proceed in creating a pair of Vans Era™ shoes based on the design the Grand Prize winner submitted to the 2nd Round judging (i.e., the Vans Era™ shoe submission) and worked on with Mentor as part of the Grand Prize, the following conditions shall apply:

    1. Any and all aspects of any such use of the Vans Era™ shoe submission shall be determined by Sponsor in its sole discretion without review, approval or notice of any kind to winner or his/her parent or legal guardian (if winner is a minor).
    2. Sponsor may, but is not obligated to, attribute the Vans Era™ shoe submission to the winner. If Sponsor chooses to do so, any and all aspects of the attribution (including the content and format of the attribution as well as how the winner is identified therein) shall be determined by the Sponsor in its sole discretion. Again, winner or his/her parent or legal guardian (if winner is a minor) shall have no right of review, notice or approval as to any such attribution.
    3. Winner (if a minor, his/her parent or legal guardian) will NOT receive any payment, royalty, compensation or other consideration (other than the aforementioned $5,000 cash payment) in conjunction with any such use of the winner’s Vans Era™ shoe submission.
    4. For the avoidance of doubt, Sponsor shall have no liability to winner (or his/her parent or legal guardian, if winner is a minor) other than the aforementioned $5,000 cash payment if Sponsor refrains from using the winner’s Vans Era™ shoe submission for any reason.
  13. LIMITATIONS OF LIABILITY.
    1. Sponsor is not responsible for entries/designs/ Vans Era™ shoe submissions that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause, all of which are void; for technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect.
    2. Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision.
    3. Tampering with the Contest as well as interfering with the intended operation of the Contest or seeking to defraud Sponsor in conjunction with its offering of the Contest will result in disqualification (if applicable). Tampering expressly includes but is not limited to any attempt to manipulate or undermine the legitimacy of the public voting phases of the Contest. Sponsor may prohibit a person determined to be engaged in tampering from participation in future Vans sweepstakes or contests and/or pursue legal sanctions against such person.
    4. Force Majeure. If Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud, natural disaster, riot, strike), Sponsor may cancel, modify or suspend the Contest and make the prizes available to be won in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. In such event, Sponsor will post a notice to such effect on the Contest Website and, to the extent feasible (and applicable), at VANS retail locations offering workshops as per Rule 3 above.
    5. Should there be any inconsistency between these Official Rules and the advertising of the Contest, these Official Rules shall prevail, govern and control in all respects.
    6. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other social media channel.
  14. ELIGIBILITY.
    Employees, officers, directors and independent contractors (including compensated VANS brand influencers or product endorsers) of Sponsor, its parent, affiliates, subsidiaries and agencies, as well as of entities which are competitors of Vans (i.e., a manufacturer of footwear and/or apparel) are not eligible to enter the Contest or win a prize. Without limiting the foregoing (and as applicable), employees of VANS retail locations offering workshops as per Rule 3 above are also not eligible for the Contest.
  15. DISPUTE RESOLUTION/CHOICE OF LAW

    To the fullest extent permitted by law, you (and, if you are a minor, your parent or legal guardian) agree that:

    1. any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of the U.S. State of California (i.e., without regard to choice of law/conflict of law rules of the State of California or of any other jurisdiction);
    2. you (and, if you are a minor, your parent or legal guardian) agree to bring any claim regarding the Contest in the United States District Court for the Central District of California, Southern Division or California State court situate in Orange County, California and consent the exclusive personal jurisdiction of such courts;
    3. you (and, if you are a minor, your parent or legal guardian) waive any right of change of venue, inconvenient forum or the like;
    4. any action will be brought by you (and, if you are a minor, your parent or legal guardian) individually (NOT as part of a class action);
    5. your recovery in any such action is limited to actual costs involved in participating in the Contest (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 Official Rules 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 Official Rules.

  16. WINNERS LIST.
    For winners’ list, send a self-addressed stamped envelope to Vans, a division of VF Outdoor, LLC, Attn: Marketing, 1588 S Coast Drive, Costa Mesa, CA 92626, for receipt by December 31, 2019. Winners’ list will be available after January 31, 2020.