NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: Mountainsmith Instagram Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Mountainsmith LLC are not eligible to participate in the Contest or win any of the prizes.
- Sponsor: Mountainsmith LLC, 701 Pine Ridge Road, Unit #3, Golden, CO 80403. Mountainsmith LLC and Zeal Optics are the Sponsors of this Contest.
- Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on October 17, 2014 at 12:01 a.m. Mountain Standard Time (“MST”), ends on October 19, 2014 at 11:59 p.m. MST (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
- How to Enter: To enter, post a photo to your Instagram account including the hashtag #explorefall and mentioning @mountainsmith and @zealoptics. The photo may only include individuals under the age of 13 if submitted by his or her parent or legal guardian. Instagram’s terms apply. In order for your entry to be valid, your Instagram profile must be public and thus viewable by the Sponsor and its agents. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply. By uploading your Submission, you agree that your Submission conforms to the Requirements and Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Requirements and Restrictions.Requirements:
- The photo used for your Submission may only include individuals under the age of 13 if submitted by his or her parent or legal guardian;
- The Submission cannot have been submitted previously in a promotion of any kind.
- Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein;
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, other companies or their products, or any other person with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain images or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, torturous, defamatory, or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Submissions generated by script, macro, or other automated means are void. If requested, entrant must be able to provide such permissions of individuals included in photographs in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the Instagram account used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is natural person assigned to the Instagram account. Each entrant may be required to show proof of being an authorized account holder.
- Winner Determination: Winners will be selected by Sponsor and Andy Mann from all eligible Submissions received during the Contest Period. All eligible Submissions will be judged by a panel of qualified judges based on the following criteria: creativity and uniqueness. The best entry(1) will be deemed Grand Prize winner.
- Winner Requirements: Potential winners will be notified through their Instagram account via a comment from the judges (employees of Mountainsmith LLC and ZEAL Optics). Except where prohibited, the potential winners may be required to sign and return an Affidavit of Eligibility, Liability Release, and/or Publicity Release, which must be received by Administrator or Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. The potential winners will be required to provide a mailing address (no P.O. Boxes) for prize fulfillment purposes within the required time frame stated in the notification, in order to claim their prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit of Eligibility, Liability Release, and/or Publicity Release or provide any other requested information within the required time period (as applicable), or does not comply with these Official Rules, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prizes must be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-rewarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey, and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the entire right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled within 8-10 weeks after end of Contest.
- Prizes: One Grand Prize winner will win a 2014 Mountainsmith Cavern Backpack and their choice of a pair of ZEAL Optics sunglasses(subject to availability, excluding the Crafted Line. Prizes will be sent to winner within 12 weeks of the Contest Period.
- Release: By receipt of any prize, winners agree to release and hold harmless Mountainsmith LLC and ZEAL Optics, its parent company, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
- General Conditions: Sponsor reserved the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submission received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserved the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserved the right to seek damages and other remedies (including attorneys’ fees) 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.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors of by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnection in phone lines or network hardware of software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network, or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submission or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged, or stolen mail; or (6) 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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
- Disputes: Except where prohibited, entrant agrees that: (1) 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, shall be resolved by informal negotiations. If informal negotiations are unsuccessful, disputes shall then be referred exclusively to arbitration conducted in Golden, CO. Any failed arbitration shall be referred to the United States District Court for the 1st Judicial District of Colorado or the appropriate Colorado State Court located in Jefferson County, Colorado; (3) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all right 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado.
- Winner List: For a winner list, visit the Mountainsmith Instagram account at http://www.instagram.com/Mountainsmith.
This promotion is in no way sponsored, endorsed or administrated by, or associated with, Instagram.
© & TM 2014 Mountainsmith LLC