GO TO GIRL CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY:
The Mountain Hardwear Go To Girl Contest is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia or Canada (excluding the Province of Quebec); and (b) are the age of majority in their state/province at the time of entry. Employees or contractors of Mountain Hardwear, Inc. or a competitor of Mountain Hardwear or any of their affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. This Contest is subject to all federal, state/provincial, and local laws and regulations and is void in the Province of Quebec and where prohibited by law.
SPONSOR:
This Contest is sponsored by Mountain Hardwear, Inc., 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804, U.S.A. ("Sponsor").
AGREEMENT TO OFFICIAL RULES:
Participation in this Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.
ENTRY PERIOD:
: This Contest begins on May 27, 2009 at 4:00 p.m. Pacific Time ("PT") and ends on June 24, 2009 at 3:59 p.m. PT (the "Entry Period"). There are four (4) discrete "Weekly Entry Periods" within the overall Entry Period as follows:
Begins 4:00 p.m. PT on:
Ends 3:59 p.m. PT on:
Weekly Entry Period 1:
May 27, 2009
June 3, 2009
Weekly Entry Period 2:
June 3, 2009
June 10, 2009
Weekly Entry Period 3:
June 10, 2009
June 17, 2009
Weekly Entry Period 4:
June 17, 2009
June 24, 2009
ENTRY:
Visit www.mountainhardwear.com and follow the links and instructions to complete and submit the online entry form. You may be required to provide your name, address, E-mail address, and certain other personal information. To qualify, your submission must:
Include a narrative description of your "Go-To Girl" that is truthful and originally created by you.
Not include personally-identifiable information regarding your "Go-To Girl."
Not include any other identifiable people or material in which a third party has rights in any form or of any kind.
Not, in the sole judgment of Sponsor, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of this Contest.
Not have been previously published, made publicly available in any manner whatsoever, or submitted in connection with any other contest or promotion.
Not include a photographer's name on any photographic images.
Be to specified size and quality.
Sponsor has the right, but not an obligation, to edit your entry as necessary to bring it into compliance with these requirements. Ineligible or disqualified entries may be disregarded by Sponsor without notice to you. Each online entry into this Contest must be completed in a single, continuous session during the Entry Period. THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON, OR EMAIL ADDRESS PER WEEKLY ENTRY PERIOD. You are solely responsible for the equipment and internet access required to enter or participate in this Contest. Sponsor reserves the right, in its sole discretion, to restrict participation in this Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason. Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider, Internet, Website, or usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.
JUDGING:
Entries will be posted on
www.mountainhardwear.com/gotogirl
. Within five business days following the conclusion of each Weekly Entry Period, all eligible entries received during the particular Weekly Entry Period will be evaluated by Sponsor. Each eligible entry will be judged in part based on the originality, uniqueness, and creativity of the narrative and the level of service or accomplishment demonstrated by the Go To Girl described in the narrative. By participating in the Contest, you agree that Sponsor and its parent, subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to use, review, assess, evaluate, score, verify and judge your entry in any manner they elect in connection with this Contest. The entrant whose eligible entry receives the highest ranking by Sponsor will be a potential winner of the Grand Prize.
Potential winners will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. If a potential winner cannot be reasonably notified, verified or confirmed, a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be randomly selected by Sponsor from all entries received during the particular Entry Period. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS CONTEST, INCLUDING BUT NOT LIMITED TO ELIGIBILITY AND WINNER SELECTION. YOU ARE NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL YOUR ELIGIBILITY HAS BEEN VERIFIED AND YOU HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID.
REQUIREMENTS OF EACH POTENTIAL WINNER:
Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification.
PRIZES:
Four (4) Grand Prizes: Each Grand Prize winner will receive a women's Mountainwear apparel package for two. The Grand Prize women's Mountainwear apparel package for the First Entry Period includes two Mountain Hardwear Trailhead Long Sleeve Shirts, two Mountain Hardwear La Rambla Shorts, two Mountain Hardwear Canyon Hiker hats, and two pairs of Montrail Molokini sandals. Approximate retail value: $400.00 dollars U.S. The Grand Prize women's Mountainwear apparel package for the Second Entry Period includes two Mountain Hardwear Double Wicked Lite Short Sleeve Shirts, two Mountain Hardwear Pacer Run Shorts, one Mountain Hardwear Canyon Hiker hats, and two pairs of Montrail Mountain Masochist shoes. Approximate retail value: $396.00 dollars U.S. The Grand Prize women's Mountainwear apparel package for the Third Entry Period includes two Mountain Hardwear Rappel T Long Sleeve Shirts, two Mountain Hardwear Antero Capris, two Mountain Hardwear Hemp Canvas Driving Caps, and two pairs of Montrail Molokini sandals. Approximate retail value: $380.00 dollars U.S. The Grand Prize women's Mountainwear apparel package for the Fourth Entry Period includes two Mountain Hardwear Scenic Route Short Sleeve Shirts, two Mountain Hardwear Overlook Shorts, two Mountain Hardwear Hemp Brigade Caps, and two pairs of Montrail Molokini sandals. Approximate retail value: $370.00 dollars U.S.
Prize Conditions and Limitations. There is a limit of one prize per person, household, or E-mail address. Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Mountain Hardwear, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Mountain Hardwear in its sole discretion. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.
GENERAL CONDITIONS:
Sponsor reserves the right to cancel, suspend, and/or modify this Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of this Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest 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. In the event of a dispute as to any online entry, the authorized account holder of the E-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to this Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from this Contest at any time.
PUBLICITY:
Except where prohibited, by participating in this Contest and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, video, written and other entry materials, as well as additional photographs, video footage or other images that Sponsor may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity (or a shorter period if limited by applicable state law), without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. If you are a winner, you agree to wear Sponsor's branded outerwear and apparel as directed by Sponsor during any trip, photo shoot or filming related to a Prize.
PRIVACY:
All personal information submitted by you as part of this Contest will be treated in accordance with Sponsor's Privacy Policy (accessible from
www.mountainhardwear.com
), except as otherwise described in these Official Rules and Contest materials. By participating in this Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.
LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE:
The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of this Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of this Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in this Contest or receipt of any prize.
SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THIS CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THIS CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THIS CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING THIS CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THIS CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
DISPUTES:
Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to this Contest, and the decisions by Sponsor are final and binding on all matters relating to this Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon. By participating in the Go To Girl Contest, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
OFFICIAL RULES AND WINNERS LIST:
A copy of these Official Rules will be posted on
www.mountainhardwear.com
. You may obtain Contest results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Mountain Hardwear, Attn: Go To Girl Contest Team, 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804. Records may not be available beyond two years unless required by law. Vermont residents may omit return postage for Official Rules requests.