Mountain magazine’s Arc’teryx Giveaway
Important: Please read these Official Rules before entering this online sweepstakes promotion (the “Promotion”). By clicking on the “Submit” button, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
PURCHASE OR PAYMENT IS NOT NECESSARY TO ENTER OR WIN THIS PROMOTION. LIMITED TO ONE (1) ENTRIES PER PERSON, PER HOUSEHOLD.
1. Eligibility. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA OR CANADA, AGE 18 OR OLDER. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND MOUNTAIN MEDIA, (“SPONSOR”) AND ARC’TERYX (“SPONSOR PARTNER”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising/marketing and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one (1) entry per person, regardless of the method of entry. If any entrant is found to have used multiple or different email or Facebook accounts, or other applicable accounts to submit more than two entries per person, such entrant will be disqualified.
2. Disclaimer. Sponsor, Sponsor Partner, Facebook, Inc., and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, agents, and advertising/marketing and promotion agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, incomplete, illegible, garbled, distorted, or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses, or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:01 a.m. (all times Mountain Time) on April 15, 2015 and ends at 11:59 p.m. on April 29, 2015 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.
4. Prizes. Prizes will be awarded as follows:
a. Grand Prize: One (1) Acrux2 FL GTX Approach Shoe Men’s in Color Black/Big Surf or Acrux FL GTX Approach Shoe Women’s in color Graphite Orchid. Approximate retail value $300 CAD for men’s or $240 CAD for women’s.
5. Odds; Taxes; Etc. Odds of winning a prize depend on number of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded.
Prizes returned as undeliverable or otherwise not claimed within two (2) days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one (1) prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Identity of Entrants. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. To enter, follow the steps detailed below to enter through the following method during the Promotion Period:
a. Online Method.
· Go to the Arc’teryx Giveaway official page.
· Complete and submit online entry form with all required information, including accepting official Terms & Policies (see this document).
*If multiple emails or Facebook accounts are found to be used, entry will be disqualified.
*All requested contact information must be provided for your entry to be valid. Entries will not be returned. All entrants and entries are subject to verification. By entering the Promotion, you consent to being placed on a mailing list for promotional and other purposes.
*By entering this sweepstakes, you agree to receive communications to your inbox from Mountain Media, Arc’teryx, and any and all of their subsidiaries.
8. Promotion Rules. Prizewinners will be chosen randomly from entrant pool by third party. Prizewinner will be notified within two (2) days of end of Promotion Period. To claim the prize, potential winners should follow the instructions contained in their notification.
9. No Facebook Endorsement. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You understand that by participating, you are providing your information to Sponsor, not to Facebook. You understand that by using and interacting withwww.facebook.com, you are subject to the terms, conditions, and policies that govern the use ofwww.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
10. General Release. By entering the Promotion, you release the Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR, SPONSOR PARTNERS, OR ANY RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ENTRANT’S PARTICIPATION IN THIS PROMOTION, INSTALLATION OF ANY PRIZE, OR USE OF OR INABILITY TO USE ANY PRIZE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ALL PRIZES, INCLUDING THE TRIP, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12. Selection of Prize. Actual model, color, accessories and features of the product prizes awarded will be selected by Sponsor in its sole discretion and may vary from photos used in print, Sponsor in-store advertising, and in electronic and web banner advertising, including on the Sponsor website or on Sponsor’s Facebook page.
13. Use of Winner Name, Likeness, Winner Photo, etc. Except where prohibited by law, entry into the Promotion constitutes permission for Sponsor, and their advertising, marketing or promotional agencies, to use each winner’s name, Facebook name, likeness, city/state of residence, biographical information, and/or prize information, without limitation, for advertising and promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, Facebook name, likeness, city/state of residence, biographical information, and/or prize information, without limitation, for advertising and promotional purposes without further permission or compensation.
14. Affidavit & Release. As a condition of being awarded any prize, winners will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
15. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after May 1, 2015 and before June 1, 2015 to Sponsor at the address listed below.
Attn: Mountain magazine’s Arc’teryx Giveaway
5400 Mt Meeker Rd
Boulder, CO 80301
To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below,
Attn: Mountain magazine’s Vermont Ski Vacation Trip Sweepstakes
5400 Mt Meeker Rd
Boulder, CO 80301
16. Intellectual Property Notice. Promotion materials are copyright © 2015 by Mountain Media. All rights reserved.
17. Arbitration; Governing Law. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Promotion or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. Notwithstanding the preceding sentence, neither you nor Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The state or federal courts in BOULDER COUNTY, CO will have exclusive jurisdiction over any suit not subject to arbitration. You and Sponsor will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in BOULDER COUNTY, CO, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any any final award. The Promotion and these Official Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the State of COLORADO, U.S.A, without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and Sponsor will not commence against the other a class action, class arbitration, or other representative action or proceeding.
18. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security, fairness or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. In the event that Sponsor suspends or cancels the Promotion for any of these reasons, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion, or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. If you have any questions about these Official Rules or the Promotion, please send written questions to the address listed below, Attn:Mountain magazine’s Ski & Stay Vermont Trip Sweepstakes Questions.
19. Sponsor: Mountain magazine, 5400 Mt. Meeker Rd. Boulder, CO, 80301