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Elevated Rewards Mount Rainier Sweepstakes Official Rules No Purchase Required to Enter or Win.A purchase will not improve your chances of winning.
1. Eligibility: This Sweepstakes is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia (excluding New York and Florida) and (b) are at least eighteen (18) years of age or the age of majority in their state at the time of entry. Employees or contractors of Mountain Hardwear, Inc., Alpine Ascents International, or a competitor of Mountain Hardwear, Inc. or Alpine Ascents International 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 Sweepstakes is subject to all federal, state, and local laws and regulations and is void in New York, Florida, and where prohibited, limited, or restricted by law. 2. Sponsor: This Sweepstakes is sponsored by Mountain Hardwear, Inc., 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804, U.S.A. (“Sponsor”). 3. Agreement to Official Rules: Participation in this Sweepstakes 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. 4. Entry Period: This Sweepstakes begins on April 8, 2009 at 12:01 a.m. Pacific Time (“PT”) and ends on December 31, 2009 at 11:59 p.m. PT (the “Entry Period”). 5. Entry: Become a Member of the Mountain Hardwear Elevated Rewards loyalty program by registering online at www.mountainhardwear.com/elevatedrewards or at any Mountain Hardwear U.S. flagship store. Membership is free. There is a limit of one membership per person. You will be required to provide your first and last name, mailing address, E-mail address, and other personal information. Every Member of the Mountain Hardwear Elevated Rewards program at the conclusion of the Entry Period will be automatically entered into this Sweepstakes. Once you become a Member, you will have the following opportunities to obtain additional entries during the Entry Period:
Mountain Hardwear ATTN: Elevated Rewards Marketing Team 1414 Harbour Way South Ford Point, Suite 1005 Richmond, CA 94804
THERE IS A LIMIT OF TWO ADDITIONAL ENTRIES PER MEMBER PER MONTH. You are solely responsible for the equipment and internet access required to enter or participate in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to restrict participation in this Sweepstakes 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, postal service, 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. 6. Winner Selection; Odds of Winning: On or about January 22, 2010, Sponsor will randomly select, electronically or by manual drawing, potential winners from among all eligible entries. Odds of winning a Prize depend on the number of eligible entries issued or received. Sponsor will notify potential winners by E-mail. 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 eligible entries received. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. 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 ENTRY THAT IS SUBMITTED AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY AND IS VOID. 7. 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. Winners will also be required to agree to the standard terms and conditions of an Alpine Ascents International Mount Rainier trip, which may also include a comprehensive liability waiver and release. 8. Prizes; Conditions and Limitation: Four winners will each receive a guided Alpine Ascents International Mount Rainier trip September 21 – 23, 2010. Approximate retail value: $1,280. To participate in a trip, adequate training and excellent physical condition are required by Alpine Ascents International. Prior experience with backpacking and camping is recommended. Climbers must be able to carry an average of 40 pounds or more. Alpine Ascents International highly recommends checking with your physician before embarking on a trip, and reserves the right to decline to accept climbers who it determines are in inadequate physical condition. All expenses and costs, including without limitation transportation, lodging, meals, equipment, and other expenses, are the sole responsibility of the winner. Trip date is subject to change upon notice by Alpine Ascents International. Winner must book trip through Alpine Ascents International by February 1, 2010, and should be available for fitness evaluation and trip preparation at Alpine Ascents International trip staging area beginning September 19, 2010. Trip cancellation insurance is not available, and trip may not be rescheduled by winner for any reason. There is a limit of one prize per person. Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, 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 Sponsor in its sole discretion. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.
9. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes if any fraud, virus or other technical problem corrupts the administration, security, or proper play of this Sweepstakes, 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 Sweepstakes 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 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. All activity arising out of and relating to this Sweepstakes 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 disqualified entries from this Sweepstakes at any time. 10. Publicity: Except where prohibited, by participating in this Sweepstakes 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. 11. Privacy: All personal information submitted by you as part of this Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy (accessible from www.mountainhardwear.com), except as otherwise described in these Official Rules and Sweepstakes and Mountain Hardwear Elevated Rewards loyalty program materials. By participating in this Sweepstakes, you acknowledge and agree that all information and material, including any personal information provided in your Mountain Hardwear Elevated Rewards loyalty program registration, entry materials, affidavits, and releases, will be shared with Sponsor’s agents and representatives, Alpine Ascents International, and other third parties involved in the execution, administration, or hosting of this Sweepstakes, 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. 12. 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 Sweepstakes; (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 Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; (f) cancellation or inaccessibility of any in-store event; or (g) 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 Sweepstakes or receipt of any Prize. SPONSOR, ALPINE ASCENTS INTERNATIONAL, AND EACH OF THEIR RESPECTIVE 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 PRIZE, INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THIS Sweepstakes 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 Sweepstakes OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS Sweepstakes. 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 SWEEPSTAKES, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. 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. 13. Disputes: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to this Sweepstakes, and the decisions by Sponsor are final and binding on all matters relating to this Sweepstakes. Except where prohibited, you agree 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 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 Sweepstakes, 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 Sweepstakes, 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 this Sweepstakes, you agree that Oregon will be the exclusive forum for any formal dispute resolution. 14. Official Rules and Winners List: A copy of these Official Rules will be posted on www.mountainhardwear.com. You may obtain Sweepstakes results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Mountain Hardwear, Attn: Elevated Rewards Mount Rainier Sweepstakes 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. |