September 11, 2013

The North Face Wisconsin Endurance Challenge Photo Sharing Contest

Revised Draft 9.10.2013

 

The North Face Wisconsin Endurance Challenge Photo Sharing Contest

 

Sponsored by: The North Face, a division of VF Outdoor, Inc., Alameda, CA 94502.

 

{The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or Vine.}

 

NO PURCHASE NECESSARY.

 

1. Eligibility. Open only to legal U.S. residents, 18 or older, who as of September 11, 2013 have registered for The Endurance Challenge Wisconsin to take place at Kettle Moraine State Park in Eagle, Wisconsin, on Saturday, September 14 and Sunday, September 15. Employees, officers and directors of Sponsor, its parent, affiliates, subsidiaries and agencies, or of any entities involved in the development, production or implementation of The Endurance Challenge Wisconsin, as well as their immediate families and same household members are NOT eligible for the Contest. In addition, members of the general public (i.e., all persons OTHER THAN legal U.S. residents, 18 or older, who as of September 11, 2013 have registered for The Endurance Challenge Wisconsin) are NOT eligible. Void where prohibited. Participation in Contest is subject to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.

 

2. Contest Schedule. Contest begins September 11, 2013 at or after 12:01 a.m. PT and ends September 18, 2013 at 11:59 p.m. PT.

 

3. To Enter. Take an ORIGINAL photo or video regarding the theme of endurance challenge activities. Be sure to include the hashtag #ECSWisconsin and @thenorthface in the photo or video. To enter the Contest, post your photo/video on Instagram OR Twitter OR upload the photo/video to www.facebook.com/TNFECS OR Vine (video only) in accordance with the applicable posted instructions (which are made a part of these Official Rules and incorporated herein by reference). If entering via Twitter, you must follow The North Face Endurance Challenge Series, @thenorthfaceECS. If entering via Instagram, you must follow The North Face, @thenorthface. If entering via Facebook, you must first “like” The North Face Endurance Challenge Series page. All entries must be received by September 18, 2013 at 11:59 p.m. PT. You may enter as often as you like but each entry must include a photo/video that is materially different from photos/videos that you have previously entered in the Contest (regardless of social media channel(s) used). DO NOT RESUBMIT THE SAME PHOTO/VIDEO MORE THAN ONCE. In addition, a given social media account may only be used by one (1) person to enter the Contest. Use of automated means of participation will result in disqualification. Any dispute as to the identity of any prize winner will be resolved by Sponsor in its sole discretion, based on the identity of the person who is the registered owner of the social media account used to submit the photo or video (as applicable) as a Contest entry. Message and data rates (and/or wireless Internet access charges) apply to use of mobile device for Contest entry. You may be charged by your wireless carrier for submitting your entry via mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.

 

4. Content Restrictions. To be eligible, photo (or video) must comply with all of the following requirements (as determined by Sponsor in its sole discretion):

 

(a) Content must be truthful;

 

(b) Content must not violate the rights of any third party;

 

(c) Content must not be inappropriate or unfit for publication (e.g., include nudity, obscenity or hate speech);

 

(d) Content must not disparage Sponsor, its products or athletes endorsing Sponsor’s products or otherwise reflect unfavorably on any of the preceding;

 

(e) Content must not advocate any alcohol or drug use, irresponsible or reckless behavior or any illegal activity;

 

(f) Content must not espouse any cause/concern other than the Contest theme.

 

5. Posting of Photos/Videos. Sponsor may choose, in its sole discretion, to post photos/videos (or links to same) on www.facebook.com/TNFECS and/or @thenorthface on Instagram and/or @thenorthfaceECS on Twitter. Should Sponsor choose to do so, such posting is for entertainment purposes only and will have no bearing on the selection of winners. For winner selection procedure, see Rule 6 below. POSTED PHOTOS/VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF PHOTOS/VIDEOS AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING PHOTOS/VIDEOS PRIOR TO POSTING/PUBLICATION OF SAME. (NOTWITHSTANDING THE FOREGOING, SPONSOR WILL NOT SCREEN, MONITOR OR REVIEW PHOTOS/VIDEOS INITIALLY POSTED BY INDIVIDUAL ENTRANTS ON INSTAGRAM, TWITTER OR VINE.) SPONSOR WILL NOT EDIT PHOTOS/VIDEOS PRIOR TO POSTING THEM ON ANY WEBSITE IN CONJUNCTION WITH THE CONTEST.

 

6. Grant of Rights in Photo/Video. Subject to rights retained by applicable social media channel, entrant 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 photo/video 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 entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the photo/video. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights. Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her photo/video and that 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) a person’s photo/video and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

 

7. Selection/Notification of Winners. On September 19, 2013, Sponsor will select the winning photo(s)/video(s) based on (a) how well the photo/video captures the spirit of endurance challenge activities; (b) creativity; and (c) originality, taking into account whether the entry was submitted as a photo or video. The entrant with the top-ranked entry is the First Place Prize winner; the entrant with the second-highest ranked entry is the Second Place Prize winner; the entrant with the third-highest ranked entry is the Third Place Prize winner. All winners are potential winners until Sponsor has verified that they are eligible and in full compliance with these Official Rules. If winner entered via Facebook, he/she will be notified by e-mail. If winner entered via Twitter, he/she will be notified by direct message from @thenorthfaceECS. If winner entered via Instagram or Vine, @thenorthface will post a comment on the winning photo/video. Those initially selected as potential winners will be notified (or notification comment posted, as applicable) on September 19, 2013. It is the entrant’s sole responsibility to assure that his/her social media account settings allow for Sponsor to contact him/her or for him/her to find posted notification comment, as applicable; and, Sponsor expressly disclaims any liability for failure of potential winner to timely receive, access or respond to any communication sent/posted by Sponsor. Regardless of method of notification, winner must respond within (24) hours of such e-mail/direct message being sent (or notification comment being posted, as applicable.) Winner may also be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within indicated time period. If winner cannot be notified and/or fails to respond within specified time period for any reason or if winner fails to timely return completed and signed Affidavit of Eligibility/Release for any reason, prize will be forfeited and an alternate winner selected. In such case, the alternate winner will be the eligible entrant whose photo/video was ranked next highest by Sponsor after that of the disqualified person, as set forth above.

 

8. Prizes/Prize Restrictions: First Place Prize: Better Than Naked kit, consisting of shorts, singlet or T-shirt and jacket. Approx. Retail Value: $250. Second Place Prize: Pair of Hyper-Track Guide running shoes. Approx. Retail Value: $120. Third Place Prize: $50 The North Face gift card, redeemable at www.thenorthface.com or at any The North Face retail store. First and Second Place Prizes are subject to availability as to style and size; and, actual item may differ from prize depictions in advertising materials. Third Place Prize is subject to terms/conditions provided in conjunction therewith. No prize substitution except by Sponsor due to prize unavailability for any reason and then for prize of equal value. Prizes are not redeemable or exchangeable for cash, except for Third Place Prize and only where such redemption/exchange is required by law. No prize transfer except with Sponsor’s written consent which may be granted or withheld in its sole discretion. Taxes (if any) and unspecified expenses in conjunction with prize acceptance/use are prize winner’s sole responsibility. Limit of one (1) prize per family/household/address.

 

9. Conditions of Participation. Where legal, by accepting prize, winner agrees (and will confirm in writing upon request) to use of winner’s name, likeness, image, voice and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor without further compensation or notice. By participating, entrant releases and agrees to hold harmless Sponsor, its parent, affiliates and subsidiaries, any entities involved in the development, production or implementation of The Endurance Challenge Wisconsin and the directors, officers, agents, representatives, shareholders and employees of any of the above organizations, as well as Facebook, Twitter, Instagram and Vine, from any and all liability arising from Contest. Sponsor not responsible for late, lost, garbled, incomplete, corrupted, inaccessible, misdirected, delayed or damaged photos/videos, which are void; for technological, programming, electronic, filtering by functionality of Facebook, Instagram, Twitter and/or Vine or other error/malfunction/failure of any kind which interferes with the conduct of the Contest as intended by Sponsor. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. Tampering with the Contest in any manner will result in disqualification (if applicable) and Sponsor may otherwise seek to protect its rights to the full extent allowed by law. If Sponsor determines in its sole discretion that the Contest cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud), 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. Notice of such action will be posted @thenorthface on Instagram, @thenorthfaceECS on Twitter and at www.facebook.com/TNFECS.

 

10. Disputes/Choice of Law. To the fullest extent permitted by law, you agree that (a) any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of the State of California; and (b) any action must be brought individually (NOT as part of a class action) in federal or state court in Alameda County, California (and you expressly agree to the personal jurisdiction of such courts) and, in any such action, you are only entitled to recover actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, punitive, consequential damages) being expressly waived.

 

11. Winners’ List. For winners’ list, send an email request to tnfsocial@gmail.com, by September 23, 2013 at 9:00 a.m. PT, with TNF ENDURANCE WI in the subject line. Winners’ list will be available after October 1, 2013.

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