SHOE LOVERS CARE LEAVE YOUR MARK

Terms of Use

Program Rules

Below are the Program Rules, which govern your participation in DSW’s Leave Your Mark Program (the “Program”).

SPONSOR: DSW Shoe Warehouse, Inc., 810 DSW Drive, Columbus, OH 43219 (“DSW”).

How to Participate

NO PURCHASE NECESSARY TO PARTICIPATE OR VOTE. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.

Beginning on or about June 3, 2016 8:30 a.m. ET and ending June 14, 2016 at 11:59 p.m. ET (the “Voting Period”), DSW customers and employees will have an opportunity to vote for their favorite charity (“Eligible Voters”) from among a list of charities featured on www.shoeloverscare.com (“Eligible Charities”) during the Voting Period.  Each Eligible Voter gets one (1) vote per day (no more than 12 votes total during the Voting Period).  The Eligible Charity that receives the most valid votes as determined by DSW will receive a grant as described herein.

The voting process is subject to all applicable federal, state and local laws.

DSW is not responsible for, nor is it required to count, in its sole and absolute discretion, late, lost, misdirected, unlawful or illicit votes, votes cast for Eligible Charities later determined to be ineligible, votes achieved through automated means by registering more than one user profile, using another Eligible Voter’s name, as well as those that are achieved through other fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by DSW in its sole discretion, or displaying unsportsmanlike conduct or in a manner otherwise inconsistent with these Program Rules.

Charity Eligibility

All Eligible Charities must meet the following conditions:

  • be recognized as a 501(c)(3) public charity in the Guidestar database as of close of the Voting Period;
  • be a 501(c)(3) public charity and not be subject to any U.S. sanctions;
  • not be designated by the IRS as a private foundation;
  • not be a primary educational institution (K-12) or post-secondary educational institution providing at least two or four year degrees or an associated alumni association, fraternity or sorority or other social or fraternal organization, religious organization or political organization, except to the extent that they are organized as an independent 501(c)(3) with a separate tax ID, while meeting the eligibility requirements of these Program Rules; and
  • must not have been a Leave Your Mark finalist within the last five (5) calendar years.

NOTE: A charity's failure to maintain its 501(c)(3) status may, in DSW’s sole and absolute discretion, disqualify a charity from the Program or from receiving any or all of a donation awarded through the Program.

Charities may also be deemed ineligible if in DSW's sole and absolute discretion, a charity, its management or affiliated organizations, among other things:

  • is, or has been, under any investigation for fraud, misconduct (financial or otherwise) or other criminal activity;
  • promotes or suggests, directly or indirectly, the use of firearms/weapons, any illegal drugs, prostitution or pornography, violence, or the underage use of alcohol;
  • suggests or encourages, directly or indirectly, the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
  • disparages or denigrates any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition or otherwise discriminates (in an exclusionary way) against any of those groups based solely on being classified as fitting into those groups;
  • disparages, denigrates (in writing or otherwise), or acts by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, DSW or participants in the Programs;
  • spends a significant amount of time advancing a particular political party or candidate or supporting lobbying for any particular party, candidate and/or cause, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
  • while participating in the Programs, or otherwise conducts itself, in an unsportsmanlike or inappropriate manner;
  • entices voters by offering any type of consideration, gift, or award, including merchandise, cash, online currency, or anything deemed to have value in exchange for votes; or
  • violates the Program Rules.

Any organization determined to be ineligible at any time will be disqualified. DSW retains the right at its sole discretion to determine eligibility and reserves the right to disqualify any charity at any time for any reason whatsoever.  Additionally, DSW reserves the right to eliminate an Eligible Voter’s involvement and all votes cast through the Program if DSW, in its sole discretion, determines the Eligible Voter is not abiding by these Program Rules or otherwise acting in an unsportsmanlike or inappropriate manner. Decisions by DSW will be binding and conclusive on all matters.

Grants

DSW will donate seventy-five thousand US dollars ($75,000.00) to the Eligible Charity who receives the most eligible votes during the Voting Period and fulfills all of the eligibility requirements described in the Program Rules as determined in DSW’s sole discretion (the “Grant Recipient”).

In the event of a tie, the Grant Recipient will be chosen based on the Eligible Charity who received the most votes first according to the timestamp within DSW’s records.  On or about June 16, 2016, the Grant Recipient will be announced on www.shoeloverscare.com.

DSW reserves the right to withhold any portion of the donation awarded through the Program, and the Grant Recipient may be required to return the donation, in the event of the Grant Recipient’s failure to comply with these Program Rules. Federal, State and Local taxes and fees, if any, are the Grant Recipient’s sole responsibility.

Eligible Charity Submissions

Each Eligible Charity will have the opportunity to post videos, photos and/or its Mission Statement, and other miscellaneous content (the "Submission") as instructed and approved by DSW. Each Submission will remain the property of the respective Eligible Charity who will have sole responsibility and liability for any claims related to their Submission.

Each Eligible Charity grants DSW and its affiliated companies a worldwide, non-exclusive, perpetual, revocable, royalty-free, license to use and copy any Submission provided by the Eligible Charity through the Program solely for purposes of promoting the Program.  DSW will receive Charity’s prior written consent (email acceptable) before making any modification or creation of a derivative work of any Submission, and such modification or derivative work will only be used for purposes of promoting the Program. Additionally, each Eligible Charity consents to the use of its name, statements, photographs, videos, voice recordings and likenesses for publicity purposes, as well as any other purpose associated with the Program. Except as set forth above, each Eligible Charity agrees such grant and consent is without restrictions or additional compensation or permission of any kind.

Prohibited Eligible Charity Submissions

In addition to meeting the specifications listed at the time of submission, each Eligible Charity represents and warrants that it will not post, or submit for posting, any content referencing, facilitating, containing or using, Prohibited Content. "Prohibited Content" includes, but is not limited to, content that, DSW, in its sole and absolute discretion determine, violates these Program Rules or any applicable law, as well as:

Content which promotes, suggests or encourages gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products; or the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government.

Contains obscene, defamatory, libelous, slanderous and/or unlawful content; content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; content that is deceptive or fraudulent; hate speech, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition; content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, DSW or participants in the Programs; content advancing a particular political party or candidate or supporting lobbying for any particular party or candidate, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort; content inconsistent with these Program Rules; or unsportsmanlike conduct.

Eligible Charity Submission Disclaimers

DSW RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW, REJECT AND/OR REMOVE SUBMISSIONS AT ANY TIME AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND THAT THERE MAY BE A DELAY IN POSTING SOME SUBMISSIONS AS A RESULT. DSW DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, ALL SUBMISSIONS, INCLUDING POSTS MADE BY ELIGIBLE CHARITIES WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. THE SUBMISSIONS ARE NOT EDITED BY DSW NOR DO THEY NECESSARILY REPRESENT OR REFLECT THE VIEWS OR OPINIONS OF DSW.

Trademarks

In consideration of an Eligible Charity participating in the Program, DSW grants to the Eligible Charity a nonexclusive, non-transferable, revocable license ("Trademark License") to use any Program "banners" located on www.shoeloverscare.com, but solely in conjunction with its participation in the Program in accordance with these Program Rules. The Trademark License shall terminate immediately upon notice from DSW or upon the termination of the Eligible Charity's participation in the Program, whichever occurs first. Eligible Charities shall not incorporate any trademarks of DSW, any derivative of those trademarks or any mark which is similar to any DSW trademarks, into Eligible Charity's name, and shall not use any DSW trademark or any mark similar to any DSW trademark, in the promotion of any products or services other than in the promotion of the Eligible Charity's participation in the Program. Notwithstanding anything in these Program Rules to the contrary, DSW, at any time in its sole discretion, may modify or eliminate the "banners", or limit or terminate the Trademark License, with or without cause.

Title and ownership to DSW's marks, including, but not limited to, trademarks, domain names, logos as well as any other branding element of DSW shall remain with DSW.

Warranties and Disclaimers

Eligible Voters and Eligible Charities represent and warrant that anything submitted through the Program does not: (a) infringe on the intellectual property rights of a third party; (b) contain confidential information that violates any obligation of confidentiality; (c) contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and (d) contain information that is unlawful, inappropriate, slanderous, libelous, defamatory, disparaging discriminatory, indecent, obscene, hateful or tortuous. Furthermore, Eligible Voters and Eligible Charities represent and warrant each have not and will not take any action that interferes with the rights granted to DSW under these Program Rules.

THE PROGRAMS MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DSW DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THE PROGRAM. THE ENTIRE RISK AS IT RELATES TO THE PROGRAM IS ASSUMED BY VOTERS AND CHARITIES.

Limitation of Liability

DSW, in its sole discretion, reserves the right to suspend, cancel or modify the Program without notice or liability if the integrity of the Program is compromised in any manner as determined by DSW, or if the Program is not capable of being conducted as intended by DSW. DSW assumes no responsibility for any loss or damage to voters and charities, or to any other person's computer relating to, or resulting from, entering, accessing or downloading any information or software in connection with the Program or otherwise participating in the Program. DSW and its agents are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, problems with the platform on which the Program applications run, tabulation of votes, the incorrect uploading of video and/or photos, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by Eligible Voters and Eligible Charities, for printing or typographical errors in Program-related materials, or by any of the equipment or programming associated with or utilized in the Program, or by any human or other errors that may occur in connection with the Program.

Release and Indemnity

Voters and charities agree to release DSW, and its parent, affiliates, subsidiaries, officers, directors, agents, employees, and all others associated with the development and execution of the Program, from any and all liability with respect to, or in any way arising from, the Program, including, but not limited to, any suspension, modification or cancellation of either Program, Submissions received or posted, and/or acceptance or use of the donation, including liability for personal injury, death, damages or loss. DSW is not responsible for donation quality or utility. Furthermore, by participating in the Program, Eligible Voters and Eligible Charities agree to indemnify, defend and hold harmless DSW, it agents, and their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees and costs) which arise out of any breach of these Program Rules.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DSW BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

Governing Law and Disputes

Except where prohibited, Eligible Voters and Eligible Charities agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Program or any donation awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Columbus, Ohio, U.S.A.; (b) all issues and questions concerning these Program Rules and the Program shall be governed by and construed in accordance with the laws of Ohio, U.S.A., without giving effect to any choice of law or conflict of law rules.

Miscellaneous

DSW may, in its sole and absolute discretion, choose to feature certain Eligible Charities in the Program related materials. Being featured does not indicate DSW's preference for or endorsement of that particular Eligible Charity, its cause, or Submissions. DSW will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by DSW. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. Www.shoeloverscare.com may contain links to other third party web sites. DSW does not control, nor is DSW responsible for, endorse or guarantee the content, products, services or other information or recommendations provided by linked sites, and are not liable for reliance on or use of such items on those sites. Your access, use and reliance upon such content, products or services are at your own risk.