Facebook Giveaway Rules

TOMS SHOES GIVEAWAY

1. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase the chances of winning, and no purchase or payment of any kind is necessary in order to enter or win. The Contest (as defined below), and any web site pages and advertisements relating thereto, are intended for viewing only within the 50 states of the United States of America and the District of Columbia. THIS CONTEST IS SET UP AS A NON-GAMBLING PROMOTION.

2. CONTEST SPONSOR: The “TOMS Shoes Giveaway” (the “Contest”) is sponsored by TOMS Shoes, Inc., 3025 Olympic Blvd., Suite C, Santa Monica, California 90404 (the “Sponsor”).

3. ELIGIBILITY: This Contest is open only to contestants who sign up at the online contest page and who enter the Contest pursuant to these rules. The Contest is only open to permanent, legal residents of the United States of America, and is void in Arizona, Florida, Iowa, Nebraska, New York, and Rhode Island. Contestants must be thirteen (13) years of age or older, and entrants under the age of eighteen (18) must have permission from their parents or legal guardians to participate. VOID WHERE PROHIBITED BY LAW. Employees of the Sponsor, and its parent companies, distributors, affiliates, subsidiaries, advertising and promotion fulfillment and/or judging agencies, contractors, retailers, persons and/or entities, ("Sponsor and its agents"), and the families and immediate family and/or household members (including, but not limited to, mothers, fathers, sisters, brothers, step-brothers, step-sisters and in-laws) of Sponsor and its agents are not eligible. By participating, entrants agree to these official rules and the decisions of Sponsor, which are final and binding in all matters related to this Contest. The Contest will be governed by all applicable federal, state and local laws.

4. HOW TO ENTER: Contest begins at 11:59 pm Eastern Time (ET) on October 4, 2009, and ends at 11:59 pm ET on October 16, 2009. All Entries must be received electronically by 11:59 pm ET on October 16, 2009 to be eligible. To enter, visit www.facebook.com/tomsshoes and read official contest NOTE for details and submit your photo to FBContest@TOMSshoes.com. You must also provide all other required information as instructed on the Contest entry page. To be eligible you must submit a photograph and complete and submit all requested information according to the instructions on the Contest entry page. Sponsor and its agents are not responsible for lost, late, damaged, misdirected, illegible, or incomplete entries. Incomplete entries are ineligible. Limit one entry per person for the entire Contest. The one entry per person maximum will be strictly enforced. Forged entries, altered entries or entries obtained other than as set out in these rules will be void and ineligible. All entries become the exclusive property of Sponsor and, will not be acknowledged or returned, and will be subject to the privacy information published at www.TOMSshoes.com. Entry must be made by the entrant, only at the authorized website address of www.TOMSshoes.com. Entries made by any other individual or any entity and/or originating at any other Internet website or e-mail address, including but not limited to commercial Contest subscription notification and/or entering service sites, will be declared void and as such deemed ineligible for this Contest. Sponsor may prohibit an entrant from participating in the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives, or if entrant violates the current Terms of Use for the www.tomsshoes.com website, or if entrant has or had attempted to submit malicious code, .exe files, or any file that contains malicious code.

5. WINNERS SELECTION: All eligible entries will be rated by TOMS. Winner selection will be made on or about October 16, 2009. Selection will be under supervision of Sponsor or its designee, whose decisions are final on all matters relating to the Contest. The selected Grand Prize winner will be notified via e-mail on or about October 16, 2009. If the selected winner cannot be reached by e-mail within three (3) business days of Sponsor’s first attempt to notify such winner, such winner may be disqualified and an alternate winner will be selected from the remaining eligible entries by random drawing. Odds of winning depend on the number of eligible entries received. Winner will be subject to verification. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner. Any prize won by minors will be awarded to the parents or legal guardians of such minor, who must sign all required affidavits and releases.

6. GRAND PRIZE: Five (5) grand prizes will be awarded for the entire Contest. The Grand Prize consists of one (1) $75.00 one time gift code valid at www.TOMSshoes.com. The Approximate Retail Value (“ARV”) for the entire Grand Prize is US$75.00. Actual value may vary based on the type and style of shoe awarded. The Grand Prize, and any portion thereof, is non-transferable, non-refundable for cash and non-changeable once issued. If any portion of any Grand Prize is lost, it will not be replaced, in whole or in part. If Grand Prize winner does not use any portion of the Grand Prize no other compensation for the unused portion of the Grand Prize, in whole or in-part, will be provided. Any attempt by any prize winner to transfer or sell any portion of the their prize shall immediately forfeit that portion of the related prize or the entire prize, as determined by Sponsor in its sole discretion, and such winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in its sole discretion. Sponsor or its agents shall not be responsible for delays in delivery of any portion of the Grand Prize once it has been shipped by Sponsor or its agent. Winner shall bear all risk of loss or damage to their prize after it has been delivered to such winner. Grand Prize winner is solely responsible for all Federal, State, and local taxes on their prize and/or such winner’s acceptance thereof. Winner may be issued an IRS Form 1099 for the ARV of their awarded prize. Grand Prize, or any portion thereof, is subject to availability and Sponsor in its sole discretion may substitute cash or a different prize of approximately equivalent or greater retail value except where prohibited by law.

7. CLAIMING PRIZE/RELEASES. Eligibility, age and all claims made by winner are subject to verification. Sponsor is not responsible for fraudulent calls/mail/e-mails made/sent to entrants not by Sponsor. Potential winner(s) may be required to complete, sign, have notarized and return an Affidavit of Eligibility, and Liability/Publicity Release Form (except where prohibited by law) and an IRS form W-9 within five (5) business days of winner’s receipt of same. If the Contest winner is under the age of majority in their state of residence at the time the prize is awarded, consent must be provided by parent or legal guardian prior to award of the prize, and any failure to obtain consent from parent or legal guardian will result in such minor’s disqualification from the Contest. If any selected potential winner fails to comply with these official rules, is found to be ineligible and/or does not submit required documentation within the designated period, their prize will be forfeited and an alternate winner selected. By accepting any prize, or any portion thereof, winner(s) further acknowledges that the Sponsor and any other entity involved with this Contest have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to the prize or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. If any Contest prize notifications are returned as undeliverable, or if any prize winner refuses their prize, or any portion thereof, such prize winner will be disqualified and an alternate winner may be selected in accordance with the rules of this Contest.

8. PUBLICITY AND CONSENT TO USE AFFIDAVIT: Except where prohibited, participation in this Contest constitutes the winner’s consent to Sponsor’s use of his/her name, photographs and likeness for advertising, trade and promotional purposes in all media without additional compensation, notice, or approval. Winners or potential winners may also be required to sign and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance form postmarked within ten (10) days of Sponsor’s request. Noncompliance within this time period may result in disqualification and an alternate potential winner may be selected. All winners may be required to produce picture or some other form of proper identification to claim any prize.

9. GENERAL. By entering the Contest and/or accepting the prize, or any portion thereof, each entrant agrees to: (a) be bound by these rules; (b) release Sponsor and its agents, and its parent companies, subsidiaries, distributors, affiliates, contractors, advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members (collectively “Releasees”) from all liability, claims, action, or proceedings relating to the Contest and from injuries or damages arising in connection with or relating to participation in the Contest, or use or misuse of any prize, or portion thereof; and (c) waive any right to claim ambiguity in the Contest or these official rules. Sponsor reserves the right to modify these official rules for clarification purposes without materially affecting the terms and conditions of the Contest, to void suspect entries and/or cancel, terminate or suspend any portion of this Contest should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest and, in any such event, at its discretion, select the winner from eligible, non-suspect entries received prior to the event requiring such termination, cancellation or suspension. This Contest may not be used for any form of gambling.

10. TAXES: All taxes and other expenses not specified herein, including federal, state, local are the sole responsibility of the winner. All federal, state, and local laws and regulations apply.

11. LIMITATIONS ON LIABILITY/UNFORESEEN EVENTS: Releasees shall not be responsible or liable for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Contest and/or any person’s participation in the Contest. Notwithstanding anything to the contrary contained herein, Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, or for any injury, damage or loss sustained in connection with winner’s acceptance or participation in the Grand Prize, for any reason beyond the reasonable control of Sponsor (including, but not limited to, acts of God, acts of war or terrorism, or any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity) (each an “Event of Force Majeure”). If for any reason (including, but not limited to, an Event of Force Majeure) Sponsor cannot continue the Contest, then the Contest will not resume until Sponsor resumes normal business, if ever. In the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Contest, as applicable, or to disqualify entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any entrants who are disqualified due to such an action. If for any reason this Contest is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, except where prohibited by law.

12. OTHER LIMITATIONS OF LIABILITY: The Releasees shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of Contest prize manufacturer, supplier or any of their agents, servants, employees, or independent contractors, (b) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Releasees, or (c) any cause, condition or event whatsoever beyond the control of the Releasees. Releasees shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any prize granted under this Contest, even if caused by the negligence of any maker, distributor or supplier of any portion of any prize or their respective parents, subsidiaries, and affiliated companies.

13. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE ASSOCIATED WITH THIS CONTEST, SUBMIT MALICIOUS CODE, .EXE FILES, OR ANY FILE THAT CONTAINS MALICIOUS CODE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL SPONSOR OR ITS AGENTS OR THE RELEASEES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. OFFICIAL RULES / WINNERS LIST. For a copy of the Official Rules or Winners List, send a send a stamped, self-addressed envelope after October 16, 2009, to TOMS Shoes, Inc., 3025 Olympic Blvd., Suite C, Santa Monica, California 90404, Attn: “[TOMS Shoes Giveaway]” Official Rules/Winner’s List. Please specify Official Rules or Winners List. Residents of Vermont may omit postage. Winners list available after October 16, 2009.