PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM
PHASE II OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND REQUIRED TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Phase II of The Pioneers of Columbia’s Greater Outdoors Program is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia; and (b) are 18 years of age or older at the time of entry. Employees of Columbia Sportswear Company and any of its affiliate companies, parent, subsidiaries, agents, distributors/wholesalers, and their advertising and promotional agencies, as well as the spouse, parents, siblings and children and household members of each such employee, are not eligible. The Pioneers of Columbia’s Greater Outdoors Program is subject to all federal, state, and local laws and regulations and is void outside the U.S. and where prohibited by law.
2. SPONSOR: The Pioneers of Columbia’s Greater Outdoors Program is sponsored by Columbia Sportswear Company, 14375 N.W. Science Park Drive, Portland, Oregon 97229, U.S.A. ("Columbia").
3. AGREEMENT TO OFFICIAL RULES: Participation in the Pioneers of Columbia’s Greater Outdoors Program constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Columbia, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner. Columbia, in its sole discretion, may remove your entry materials and disqualify you from participation in the Pioneers of Columbia’s Greater Outdoors Program if it believes, in its sole discretion, that your entry fails to conform to these Official Rules or it determines your entry materials are inappropriate for any reason.
4. SAFETY: You must take appropriate safety precautions when engaging in Pioneers of Columbia’s Greater Outdoors Program activities, including inspecting your equipment, assessing your abilities and physical condition, and wearing safety gear as needed. You should not engage in any dangerous activities or take any risks in connection with your participation in the Pioneers of Columbia’s Greater Outdoors Program. By participating in the Pioneers of Columbia’s Greater Outdoors Program, you accept full responsibility for your choices and activities.
5. ENTRY PERIOD: Phase II of The Pioneers of Columbia’s Greater Outdoors Program begins on November 14, 2009 at 12:01 a.m. Pacific Time (PT) and ends on March 14, 2010 at 11:59 p.m. PT (the "Entry Period").
6. ENTRY: Visit www.columbia.com and follow the instructions to submit your entry online. Your entry must be complete and accurate and include your name, mailing address, E-mail address, date of birth, video or photograph and essay, and other information as requested (collectively, “Entry Materials”). Online entry into the Pioneers of Columbia’s Greater Outdoors Program must be completed in a single, continuous session during the Entry Period. Incomplete or ineligible entries will be disqualified and discarded without further consideration or notification to you. To qualify, your Entry Materials, in whole and in part, must:
i.i. a video of up to 2 minutes in length that features you engaged in outdoor activities. The video must be in .WMV, .AVI, .MOV, or .FLV format and must not exceed 50MB in size; or
ii.ii. a photograph in .JPG format accompanied by an essay of up to 1,000 characters that describes you engaged in outdoor activities.
b.Be truthful and originally created by you. If someone other than yourself assisted with the writing, filming, production, photography, creation or editing of any portion of your Entry Materials, you must obtain permission and a written release from such person to submit the material for Columbia’s use as provided in these Official Rules. You must submit all required consents and releases to Columbia in writing.
c. Not include any identifiable people or material in which a third party has rights in any form or of any kind, including but not limited to privacy, publicity, or intellectual property rights, and must not invade the privacy or other rights of any third party. If video or photograph features any person other than yourself or any recognizable location, you must obtain permission to include the person(s) and location(s) in the video or photograph without compensation.
d. Not include any elements in which a third party has rights, such as music, audio, speech/voiceovers, video, stills, visuals, or other materials, that are not originally created by you or in the public domain.
e. Not, in the sole discretion of Columbia, contain inappropriate, illegal, vulgar, profane, threatening, harassing, obscene, indecent, offensive, violent, hateful, defamatory, slanderous, or libelous content or viruses or contain any other content inconsistent with the purposes of the Pioneers of Columbia’s Greater Outdoors Program as described in these Official Rules and related materials.
f. Not have been previously published, made publicly available in any manner whatsoever, or submitted in connection with any other contest or promotion.
g. Not reference or include a third party’s name, trade dress, or trademarks, or portray Columbia products in any way that might subject them to criticism, disrepute, or ridicule.
h. Be to specified size and quality. Any image not correctly prepared or suffering image degradation due to over-compression may be disqualified.
There is no limit on the number of original entries that you may submit, however, you may not submit the same entry more than once. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and internet access required to enter or participate in the Pioneers of Columbia’s Greater Outdoors Program. Columbia reserves the right to restrict participation in the Pioneers of Columbia’s Greater Outdoors Program 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. Columbia will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or votes 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/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. Proof of submission will not be deemed to be proof of receipt by Columbia. All entry materials, including videos, photographs, and essays, will become the exclusive property of Columbia, and none will be acknowledged or returned. Columbia reserves the right to seek third party releases and clearances for Columbia's benefit.
7. RATING: Eligible entries will be posted on www.columbia.com following an initial screening by Columbia. For entertainment and promotional purposes only, website visitors will be permitted to rate entries during the Entry Period. Multiple individual visitors may not share the same E-mail or IP address. Each eligible entry will be allowed one rating per visitor during the Entry Period. Any attempt by any visitor to submit more than the stated number of ratings by using multiple/different E-mail addresses, identities or any other method will void that visitor’s entries (if any) and he/she will be disqualified from further participation in the Pioneers of Columbia’s Greater Outdoors Program. Columbia may further control or restrict visitor qualification and the frequency and manner of voting as it deems necessary or appropriate for the proper administration of the Pioneers of Columbia’s Greater Outdoors Program. Although ratings may be considered by judges (see “Judging”), ratings will not determine winner selection.
8. JUDGING:Within thirty (30) days of the conclusion of the Entry Period, Columbia marketing personnel will evaluate eligible entries based on a variety of criteria, including originality, creativity, enthusiasm, skill level, popularity, ratings, and overall demonstration of activity in the spirit of the Pioneers of Columbia’s Greater Outdoors Program. The entry that Columbia rates the highest will be identified as a potential winner of the Pioneer of the Great Outdoors Program, subject to verification and completion of documentation and satisfaction of any conditions or specifications. Decisions of judges are final and not subject to review for any reason. Odds of winning depend on the number of eligible entries received. If a potential winner cannot be reasonably notified, verified or confirmed after three (3) attempts (and further attempts at Columbia’s sole discretion), the prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be chosen in accordance with these Official Rules. There is a limit of one prize per entrant or household.
9. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, potential winner will be required to complete and return an affidavit of eligibility (declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within seven (7) days of the date of notification. Such liability waiver will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Columbia and its parent, subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. Winner may not endorse any other company, person or entity that is engaged in the production or sale of apparel, outerwear or footwear products or that otherwise competes with Columbia in the same or similar category of business. Winner will not engage in illegal, unethical or otherwise inappropriate conduct that reflects negatively on Columbia or its products. Winner may be required by Columbia to participate in additional publicity events or photo shoots. If a potential winner fails to comply with these requirements, the prize will be forfeited.
10. PRIZE:"Outfit You for a Year" prize will be awarded in the form of a Columbia gift card in the amount of $2000. Gift card may be applied toward purchases at Columbia flagship stores or online at www.columbia.com. Purchases with gift card are subject to sales tax and shipping charges and may not be combined with any other offer or discount. Prize is nontransferable and non-refundable and must be accepted as awarded. Standard gift card terms, conditions, and exclusions apply. No cash or other substitution may be made, except by Columbia, 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 Columbia. Winner is responsible for all applicable taxes associated with receipt of prize.
11. GENERAL CONDITIONS: All decisions made or permitted to be made by Columbia in connection with the Pioneers of Columbia’s Greater Outdoors Program shall be at Columbia’s sole discretion. Columbia reserves the right to cancel, suspend, and/or modify the Pioneers of Columbia’s Greater Outdoors Program if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Pioneers of Columbia’s Greater Outdoors Program, as determined by Columbia. In such event, Columbia reserves the right to select a winner from among the eligible entries received up to the time of the impairment. Columbia reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Pioneers of Columbia’s Greater Outdoors Program 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 the Pioneers of Columbia’s Greater Outdoors Program may be a violation of criminal and civil law, and, should such an attempt be made, Columbia reserves the right to seek damages from any such person to the fullest extent permitted by law. Columbia’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 or vote, 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 the Pioneers of Columbia’s Greater Outdoors Program is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Columbia concerning verification and/or auditing. All references to an entrant’s status as a “winner” are subject to Columbia 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 Columbia, Columbia reserves the right to disqualify the entrant and remove the entry from the Pioneers of Columbia’s Greater Outdoors Program at any time.
12. PUBLICITY: Except where prohibited, by participating in the Pioneers of Columbia’s Greater Outdoors Program and regardless of whether you are a winner, you grant Columbia and its designees and licensees an exclusive, sublicensable, unconditional, transferable, and irrevocable right and license to use, promote, alter, adapt, publish, distribute, copy, exhibit, display, market, advertise and publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, biographical information, video, photograph, written and other entry materials, and the names and likenesses of any persons or locations therein, as well as additional materials, photographs and video footage that Columbia may acquire or take of you if you are the winner, in whole or in part, in any manner Columbia shall elect, for any purpose whatsoever, including without limitation any promotional, advertising, and commercial purposes, 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, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
14. REPRESENTATIONS AND WARRANTIES: By participating in the Program, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and written permissions to use and authorize Columbia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Entry Materials to enable inclusion and use of the Entry Materials in the manner contemplated by Columbia and these Official Rules; (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Entry Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Entry Materials in the manner contemplated by Columbia and these Official Rules and will make written copies of such permissions available to Columbia, and (c) your Entry Materials are not copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or otherwise has permission from the rightful owner(s) to participate in the Program and to make such Entry Materials available for the purposes intended by Columbia as provided in these Official Rules. You further agrees that you will not (i) publish falsehoods or misrepresentations that could damage Columbia or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
15. LIMITATIONS OF LIABILITY; INDEMNIFICATION; DISCLAIMERS/RELEASE: The Released Parties listed below are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Pioneers of Columbia’s Greater Outdoors Program; (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 the Pioneers of Columbia’s Greater Outdoors Program or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; (f) theft, destruction, unauthorized access to or alteration of your entry materials, 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 the Pioneers of Columbia’s Greater Outdoors Program or receipt of any prize.
COLUMBIA 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. 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 THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM 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 THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM. 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 THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY PARTICIPATING IN THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE INDEMNIFIED AND HELD HARMLESS BY YOU AGAINST, ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, ARISING OUT OF OR RELATED TO ANY ACTUAL OR ALLEGED DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY RELATED ACTIVITY, ENTRY OR PARTICIPATION IN THE PIONEERS OF COLUMBIA’S GREATER OUTDOORS PROGRAM, BREACH OF ANY PROVISION HEREIN, OR ANY CLAIM OR CAUSE OF ACTION BY YOU.
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.
16. DISPUTES:Columbia reserves the right to make all decisions, in its sole discretion, arising out of or relating to the Pioneers of Columbia’s Greater Outdoors Program, and the decisions by Columbia are final and binding on all matters relating to the Pioneers of Columbia’s Greater Outdoors Program. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Pioneers of Columbia’s Greater Outdoors Program 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 the Pioneers of Columbia’s Greater Outdoors Program, but in no event attorneys’ fees; and (c) 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 Columbia in connection with the Pioneers of Columbia’s Greater Outdoors Program, 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 Pioneers of Columbia’s Greater Outdoors Program, you agree that the sole venue for any legal proceedings between you and Columbia or any Released Party shall be in the state or federal courts in Oregon, and you consent to the exclusive jurisdiction of such courts.
17. OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules will be posted on www.columbia.com. You may obtain Pioneers of Columbia’s Greater Outdoors Phase II Program results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Columbia Sportswear Company, Attn: Pioneers of Columbia’s Greater Outdoors Phase II Program Team, 14375 NW Science Park Drive, Portland, Oregon 97229. Records may not be available beyond two years. Vermont residents may omit return postage for Official Rules requests.