MY OUTDOOR OBSESSION CONTEST OFFICIAL RULES
- PROMOTER/SPONSOR. This Contest is sponsored by Hans Florine and Falcon, an imprint of Rowman & Littlefield, 246 Goose Lane, Guilford, CT 06357, in collaboration with Hans Florine’s sponsors: Outdoor Research, Petzl, La Sportiva, REI, Touchstone Climbing, Blue Water Climbing Ropes, DFX Sports & Fitness, Tenkara USA, LEKI Trekking Poles, Access Fund, Nuun, Columbia River Knife & Tool, Field Trip Jerky, and Goal Zero. (“Promoter”).
- ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN.
- ENTRANTS. The MY OUTDOOR OBSESSION CONTEST (“Contest”) is open to legal residents of the U.S.A. (void in Rhode Island and where prohibited/restricted by law), who have reached the age of at least twenty-one (21) years of age as of the first day of the Entry Period as defined below (“Entrant”). This Contest is subject to all applicable federal, state, and local U.S. laws. To enter Contest, Entrant must: (1) have a valid Instagram account; (2) not be an employee, officer, director, or agent of Promoter, or any of Promoter’s respective affiliates, subsidiaries, agencies, or sponsors (collectively “Promoter and Agencies”); and (3) not be an immediate family member or living in the same household of any individual identified in (2) above.
- CONTEST AND ENTRY PERIOD. The Contest begins at 8:00 AM Eastern Standard Time on Monday, August 29th, 2016, and ends at 7:00 PM Eastern Standard Time on Sunday November 27th, 2016 (“Contest Period”). Contest Entry Period begins Monday, August 29th, 2016, and ends at 7:00 PM Eastern Standard Time on Sunday November 27th, 2016 (“Entry Period”). Entries submitted before or after the Entry Period are ineligible. Hans Florine’s computer is the official time-keeping device for the Contest.
- HOW TO ENTER. All entries must be submitted through Entrant’s Instagram account (“Instagram”) during the Entry Period by following the entry instructions on the Contest website at http://onthenosebook.com/contest/. Promoter does not accept e-mailed Entries. Entries will be deemed made by the authorized account holder of the Instagram account submitted at time of Entry. The term “authorized account holder” means the person to whom the Instagram account is assigned by the Instagram App or Instagram website; however, notwithstanding the forgoing, Promoter may, at its sole discretion and without liability, define “authorized account holder” as it deems reasonably necessary to administer this Contest. Promoter reserves the right to require the Contest winner to submit, among any other information Promoter deems reasonably necessary, (1) proof that they are the authorized account holder, and (2) that the Photo (defined below) submitted is their own original work to which they possess unencumbered rights.
- SUBMISSION OF PHOTO. The photo can be taken at any time during the Entry Period, or prior, and must display the photographer’s strong passion for the outdoors. Entrant may submit a previously published photo, so long as their right to use such photo is not encumbered in any way, and so long as Entrant maintains the right to grant Promoter and Affiliates rights to the Photo per the terms of these Official Rules. Entrant must be able to disclose to Promoter on request where a previously published Photo was published. Entrant may submit multiple Photos. Entry will not be acknowledged.
- SELECTION OF WINNER. Judging will be conducted by Promoter and/or a guest judge to be selected by Promoter at its sole discretion (“Judge” or “Judges”). There will be one (1) winner selected each week of the Entry Period, from all valid Entries. Judge/Judges will evaluate each photo submitted as part of a valid Entry and will select one (1) Photo as the winning Photo on the Judge’s/Judges’ assessment and conclusion that the Photo is the most appealing; i.e., the Photo Judge/Judges assess, in Judge’s/Judges’ sole discretion, to be the most appealing as Judge/Judges choose, in their sole discretion to define that term, will be the Photo deemed the winning Photo. Judge’s/Judges’ decision is final. Please do not contact Promoter to ask about the status of Entries or Judging. The Entrant who submitted the winning Photo (the “Winner”) will be notified, via Instragram comment on their Entry, on the Sunday of each week in the Entry Period.
- PRIZES. Winner will receive (1) Copy of the book “On the Nose: An Obsession with Yosemite’s Most Iconic Climb” (an approximate retail value of $25); (2) a prize chosen by one of Hans Florine’s sponsors, including, but not limited to: Outdoor Research, Petzl, La Sportiva, REI, Touchstone Climbing, Blue Water Climbing Ropes, DFX Sports & Fitness, Tenkara USA, LEKI Trekking Poles, Access Fund, Nuun, Columbia River Knife & Tool, Field Trip Jerky, Goal Zero (“Prizes”). Should any of the forgoing Prizes be unavailable, Promoter reserves the right to offer a substitute prize, of equal or lesser value, of its choosing.
Prizes are NON-TRANSFERABLE AND MAY NOT BE SOLD. No substitutions or cash awards allowed. All federal, state, providential, and local taxes (if any) are the sole responsibility of the Winner. All details of any Prizes not specified in these Official Rules are determinable solely by Promoter. Except where prohibited, in order to claim Prizes, the Winner must send their shipping address within (3) days of the first notification attempt. If the Winner cannot be reached or fails to respond or comply with any of these requirements, or if Promoter determines in its sole discretion that Winner is ineligible or disqualified, then, in Promoter’s sole discretion, the Winner may be disqualified and the Prizes forfeited. In such event Promoter may, at its sole discretion, choose an alternate winner.
Unless prohibited by law, by accepting Prizes, the Winner grants permission to Promoter to use of Winner’s Photo, name, hometown, likeness, photograph, voice, and statements for advertising/publicity purposes without further compensation or permission. Winner assumes sole responsibility for any and all costs and other expenses associated with the Prizes not explicitly outlined above.
- CRITERIA FOR QUALIFICATION. By submitting Photo as part of Entry to the Contest, Entrant confirms the following:
- That Entrant agrees not to submit any plagiarized or illegal Photo, and that Promoter reserves the right to remove and disqualify any Entries for any reason;
- That Entrant agrees that Entrant is the sole owner and copyright holder of any and all Photos submitted as part of Entry (and that all copyrighted subject matter is Entrant’s original work);
- That Entrant grants Promotor and Agencies, permission to use Entrant’s name and/or Entry for promotional, marketing, or other purposes to promote the Contest and Entrant’s involvement with the Contest in perpetuity across all media. Neither Promotor and Agencies, nor related individuals will not accept correspondence or telephone inquiries regarding the status of Entries or the administration of Contest. By entering the Contest, Entrant agrees that Entrant’s Photo, as well as all other personally identifiable information collected or used in connection with the Contest may be used by Promotor and Agencies in accordance with these Official Rules. By entering the Contest, Entrant hereby warrants that all information submitted by Entrant is true, accurate, complete, and current. Entries that do not comply with the requirements stated in these Official Rules will be disqualified. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF OR; ENTRANT ACCEPTS THAT ALL OR DECISIONS ARE FINAL.
- CONDITIONS OF PARTICIPATION. BY PARTICIPATING IN THIS CONTEST, EACH ENTRANT RELEASES AND HOLDS HARMLESS OR AND AGENCIES AND ITS AFFILIATES AND RELATED INDIVIDUALS FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, EXPENSES, INJURIES, CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THIS CONTEST OR FROM ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON DEATH, PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. By participating in this Contest, each Entrant further agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any Prize awarded, must be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a state court in the State of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant and Promoter in connection with the Contest, are governed by, and construed in strict accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.
Promoter reserves the right, at its sole discretion, to disqualify any Entrant found or suspected to be tampering with the operation of this Contest, acting in violation of these Official Rules, acting in a non-sports person like or disruptive manner, or with intent to abuse, threaten, or harass any other person or Entrant. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any Entrant using any such method. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Promoter is not responsible for any incorrect or inaccurate information, whether caused by users of any website related to this Contest, by any of the equipment or programming associated with, or utilized in, this Contest, or by any technical or human error which may occur in the processing of submissions in this Contest. Promoter assumes no responsibility for any error, omission, interruption, defect, deletion, delay in operation or transmission, communications line failure, theft, or destruction, or unauthorized access to, or tampering with or hacking of, any website related to this Contest or any technical failure or malfunction. Promtoer is not responsible for any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in this Contest, or downloading or copying materials from, or use of any website related to, this Contest. If, for any reason, this Contest is not capable of running as planned, including, without limitation, by reason of infection by computer virus, bugs, tampering, hacking, fraud, technical failures, or any other causes which, in Promoter’s sole judgment, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Promoter reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend this Contest, and select a winner from entries received prior to action taken as Promoter, in its sole judgment, deems fair and in accordance with these Official Rules without notice to Entrants. In the event that any legal or regulatory authority challenges this Contest, Promoter reserves the right to discontinue or modify this Contest without liability, and/or to disqualify Entrants residing in any affected geographic areas. In such event, Promoter shall not have any liability to any Entrants who are disqualified as a result of such an action.
IN NO EVENT IS PROMTOER AND ITS AFFILIATES AND RELATED INDIVIDUALS (EITHER JOINTLY OR INDIVIDUALLY) RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS CONTEST, ANY PRIZES WON, ACCESS TO AND USE OF OR’s WEBSITES, OR THE DOWNLOADING OR COPYING FROM AND/OR PRINTING OF ANY MATERIAL OBTAINED FROM SUCH WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON OR’s WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- ENTRANT’S RIGHTS. By submitting a Photo as part of Entry to the Contest, each Entrant grants Promoter and Agencies and its associated agencies, a world-wide, royalty-free, non-exclusive, non-transferable, absolute and irrevocable license, right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce any information including, without limitation, Entrant’s Photo, name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually and/or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to publicity, promotion, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage, only in connection with Contest (which, without limitation, includes Promtoter and Affiliate’s collateral, websites, and Social Media including but not limited to Instagram, Facebook, Twitter, YouTube, and Vimeo pages used in connection with the Contest). Each Entrant consents to any and all infringement of their moral rights. Nothing herein shall obligate Promoter and Agencies to use, without limitation, the Entrant’s name, address, e-mail address, Writing, statements, video, voice, photograph, or other likeness.
Each Entrant represents and warrants that Entrant has the right to grant Promoter and Agencies the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity.
Each Entrant hereby waives any right Entrant may have to inspect and approve any work-product, whether marketing, promotional, web content, or otherwise, incorporating any information submitted by Entrant, and hereby releases and discharges, indemnifies and holds harmless Promoter and Agencies and their officers, directors, employees, contractors, agents, and any designees, including without limitation, Promoter and Affiliate’s licensees, successors, and assigns, from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys’ fees) and expenses arising out of or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity, or copyright infringement.
PROMOTER RESERVES THE RIGHT, WITH OR WITHOUT NOTICE TO ENTRANTS, TO CHANGE OR AMEND ANY OF THE OFFICIAL RULES OUTLINED ABOVE FOR ANY REASON ITS DEEMS, IN ITS SOLE DISCRETION, REASONABLE AND/OR NECESSARY. OR RESERVES TO RIGHT TO CANCEL THIS CONTEST WITHOUT LIABILITY AT ANY TIME FOR ANY REASON.