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Terms of Use

The following terms and conditions (the “Terms and Conditions”) should be read carefully before using this website. These Terms and Conditions apply to all visitors to and users of the Blowfish Shoes website the homepage of which is situated at www.blowfishshoes.com (THIS URL DEFINES “THIS WEBSITE”). By using this website you agree to accept these Terms and Conditions and Blowfish Direct LLC (“Blowfish Direct LLC” or “we”) may modify these Terms and Conditions at any time. These Terms and Conditions may be terminated by Blowfish Direct LLC for www.blowfishshoes.com at any time, for any reason, in Blowfish Direct LLC’s sole and absolute discretion.

USE OF THIS WEBSITE/COPYRIGHT NOTICE

The website design and all the content you see and hear on the Blowfishshoes.com website including as examples; text, graphics, logos, button icons, images, audio clips and software are protected by copyright, trademark and all other intellectual property and other laws or rights and licenses held by Blowfish Direct LLC or affiliates or third parties who have licensed their materials to Blowfish Direct LLC. Any content that can be downloaded from this website may only be used for your own personal, noncommercial use. You may not copy, reproduce, publish, transmit, distribute, post any of the content on any network computer or broadcast content to the media without written consent from Blowfish Direct LLC. If there has been any unauthorized use of content from this website, Blowfish Direct LLC reserves the right to seek all remedies available by law and in equity. Blowfish Direct LLC reserves the right to deny anyone access to the website at any time for any reason

TRADEMARK

Blowfish Direct LLC and our affiliates retain all rights regarding trademarks, trade names and brand names and all associated logos and images are registered and protected by U.S and international laws and treaties. No use of such trademarks, names, logos, or images is granted to you by your use of the www.blowfishshoes.com website. Any misuse of trademarks that are shown on our site is strictly prohibited.

PRODUCT, CONTENT AND SPECIFICATION

All features, content, specifications, products and prices of products and services described on this website are subject to change at any time without notice. Blowfish Direct LLC makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. We have done our best to display colors as accurately as possible shown on our website however the colors will depend on your monitor, we cannot guarantee that your monitor’s display will be accurate.

ACCURACY OF INFORMATION

We always try to ensure that information on this website is complete, accurate and current to the best of our knowledge, information and belief. Despite our efforts, the information on our website may at times be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current ness of any information on this website. For example products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, we may make changes to information about price and availability without notice. Also, pricing information on other websites that claim to represent accurate pricing on our website may not be current or correct. While it is our practice to confirm orders to customers via email, the receipt of an email order confirmation does not constitute the right without notice to limit the order quantity on any product or service or refuse service to any customer. Prior to the acceptance and/or shipment of any order we may also require verification of information. Blowfish Direct LLC www.blowfishshoes.com shall have the right to refuse or cancel any orders whether or not they are confirmed and your credit card charged, for any reason and in our sole and absolute discretion.

COUPON CODE USE

Blowfish Direct LLC only currently allows one coupon code per order. You are not permitted to use multiple coupon codes for one order. Blowfish Direct LLC www.blowfishshoes.com reserves the right to refuse or accept any orders with a coupon code.

USER COMMENTS, FEEDBACK OTHER SUBMISSIONS

Other than personally identifiable information which is subject to our website’s privacy policy, any other material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication (known here as “User Communications”) that is transmitted or posted to our website are considered public, non confidential and non-proprietary. We, which includes our affiliates and/or designees and creative agencies, may use any or all of this material stated above that is not personally identifiable information for any purpose including but not limited to; publication, broadcast, and development, marketing for all commercial or non commercial purposes. Once submitted to our website, Blowfish Direct LLC will own exclusively all rights in and to User Communications. Blowfish Direct LLC is under no obligation to maintain User Communication confidence, pay to user any compensation for user communication submitted or respond to any user communication. We retain the right to remove any or all user communications that may include material we deem inappropriate or unacceptable in our sole and absolute discretion.

LINKING TO THIS WEBSITE

Creating or maintaining any link from another website to any page on this website without the permission of Blowfish Direct LLC is prohibited. Running or displaying this website in frames or similar means to ourselves on another website without our prior written permission is prohibited.

THIRD PARTY LINKS

From time to time, Blowfish Direct LLC may choose affiliates for www.blowfishshoes.com, meaning that this website may contain links or various third party websites will have links to use from their own sites; such websites are not operated, owned or controlled, in whole or in part, by Blowfish Direct LLC. All such links were chosen by Blowfish Direct LLC for increased customer value reasons. Blowfish Direct LLC does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products or other materials on or available from Third Party Sites, and Blowfish Direct LLC takes no responsibility for their content, nor should it be implied that Blowfish Direct LLC endorses or otherwise recommends such sites or the products or services offered.

YOUR ACCOUNT INFORMATION

You have the option to create a Blowfish Direct LLC account on our website. If you do so you will have a password for your account. You should try and ensure you are doing your best to protect your account and should not choose passwords that are closely associated with you; such as birthdays, addresses or names. You are responsible for keeping your account confidential. You agree to accept responsibility for all activities that occur under your account or passwords. Blowfish Direct LLC may revoke your right to have an Account at any time if you fail to comply with the Site Use Terms and Conditions.

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, pornographic or profane material or any material that would encourage behavior that is unlawful or considered a criminal offense in any state or jurisdiction. If we determine that you have violated any of these prohibitions we may take action we deem necessary including without limitation the immediate removal of this material from the website and related materials.

USER CONDUCT

You should not attempt to modify or “hack” this website, nor should you attempt to access any area on the website which you are not explicitly authorized to access. You should not attempt to interfere or restrict any other user from the use or enjoyment of this site. You should not impersonate a person or entity or falsely state your affiliation with a person or entity or attempt to collect or harvest personal information about other users of the websites. You should not try to jeopardize the operation of computer systems owned by Blowfish Direct LLC or any of its affiliates.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BLOWFISH DIRECT LLC, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER BLOWFISH DIRECT LLC, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY

In no event shall Blowfish Direct LLC or any of its affiliates or suppliers assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing on this website, or your downloading of any information or materials from this website for your personal use.

IN NO INSTANCE WILL BLOWFISH DIRECT LLC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICY POSTED ON THIS WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold Blowfish Direct LLC, blowfishshoes.com, and their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of blowfishshoes.com or any content thereon in violation of these Terms and Conditions.

REVISIONS TO THESE TERMS AND CONDITION

We may revise these Terms and Conditions at any time by updating this posting. You are bound by these Terms and Conditions so it is in your best interest to review these updates and postings. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

CHOICE OF LAW: JURISDICTION

These Site Use Terms and Conditions will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in the courts of the State of California. A printed version of these Site Use Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Site Use Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Blowfish Malibu 2021 Instagram Giveaways

Blowfish Malibu Instagram Giveaway 2021 – Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Sweepstakes (as defined in Section 1 below) may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.  Subject to and governed exclusively by the applicable federal, state and local laws and regulations of the United States.

Participation constitutes each entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

  1. How to Enter. To enter a Blowfish Malibu Instagram Giveaway (“Sweepstakes”), log onto https://www.instagram.com/blowfishmalibu/ (@BlowfishMalibu) and follow the directions on the Sweepstakes post to enter between Friday, June 4th 2021 and Friday, June 11 2021. In order to enter you must tag a friend in the comments in the Sweepstakes post and make sure you are following @BlowfishMalibu and any other brands indicated in the copy of the caption.
  2. No limit on entries per person/Instagram account. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires an active, monitored Instagram account. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

2. Start/End Dates. Sweepstakes begins at Friday, June 4th 2021 and ends on Friday, June 11 2021. Sponsor’s computer is the official time keeping device for this Sweepstakes.

3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia who are at least 18 years old as of date of entry and who have an Instagram Account. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Caleres, Inc. (“Sponsor”) and its subsidiary and affiliated companies, partners, suppliers and manufacturers or distributors of Sweepstakes materials, as well as the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, officer and director are not eligible. Entries originating from any other jurisdiction are not eligible.  All United States federal, state and local laws and regulations apply.

Winner Selection & Notification. Winner(s) will be selected from all eligible entries received before Friday, June 11 2021. Sponsor will select winner(s) at random from the valid comment entries.

Sponsor’s determination shall be final and binding.  Sponsor will announce the winner in an Instagram post by tagging the winner on or before X with directions on how to claim their prize. If any potential winner cannot be contacted within two (2) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. If the alternate winner either rejects the prize or is deemed ineligible by Sponsor, in its sole discretion, the prize will be forfeited and not awarded.  Upon prize forfeiture, no compensation will be given.  Limit one (1) prize per person or household.

By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

5. Prize(s). Grand Prize(s). Prize Winner will receive (1) Blowfish Malibu product credit worth $100 ($100.00), The Sak Gaia Crochet Recycled Hobo worth $199, and The Skin System from One Ocean Beauty, valued at $340. Total ARV of all prizes combined: $640.00. Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of [any] prize, Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded. All unspecified expenses are the responsibility of winner(s).

  1. Representations and Warranties/Indemnification. Each person who enters this Sweepstakes represents and warrants to Sponsor that the entry does not and will not violate any applicable laws. Each entrant hereby agrees to indemnify and hold the Sponsor, Instagram, and their parent, subsidiary and affiliated companies (the “Released Parties”) harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, losses, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant, or arising out of or in connection with participation in this Sweepstakes.

 

  1. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend, extend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, virus, bug, non-authorized human intervention or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. 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 Sweepstakes or any Sponsor web sites or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any attempt by any person to deliberately damage Sponsor’s Page or any website or undermine the legitimate operation of the Sweepstakes 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
  2. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including without limitation malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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 Sweepstakes 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 Sweepstakes.  No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reason causes more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
  3. Disputes. Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in St. Louis County or the City of St. Louis, Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; (c) entrant waives all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
  4. Use of Data. Any personal information collected from entrants online for the purposes of entering this Sweepstakes will be handled in accordance with Sponsor’s Privacy Policy.
  5. Winners List. To obtain a list of winners, send an e-mail by July 11, 2021 with the following subject line: “Blowfish Malibu Instagram Giveaway, Winners List Request” to alliew@blowfishshoe.com
  6. 12. Sponsor. Blowfish Malibu, a wholly owned subsidiary of Caleres, Inc., 8300 Maryland Avenue, St. Louis, MO 63105.

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to Sponsor and not to Instagram.