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Official Rules Background

Official Rules

 

YEAR OF ENDLESS ADVENTURE 2018

OFFICIAL CONTEST RULES

(THE “OFFICIAL RULES”)

 

NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING.

BY ENTERING THE CONTEST (“CONTEST”), YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE CONTEST, AND TO RECEIVE MARKETING MATERIALS FROM TEPUI OUTDOORS, INC.  YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.

The Contest is sponsored by Tepui Outdoors, Inc., located at 2500 Rosedale Avenue, Soquel, CA 95073 (“Sponsor”). The Contest is subject to all applicable laws and regulations and is void where prohibited by law. Decisions of Sponsor are final and binding with respect to all matters relating to the Contest.

  1. ELIGIBILITY: The Contest is open to individuals legally residing in the fifty (50) United States, aged 18 or over, who meet their jurisdiction’s minimum age requirement. Sponsor’s employees and agents, and other persons professionally associated with the Contest, including each of their immediate family and household members, are not eligible. Winners may be required to furnish proof of identity, address, and age to receive a prize.
  1. CONTEST PERIOD: The Contest will begin on February 22, 2018, at 9:00 AM Pacific Time and ends on March 22, 2018, at 5:00 PM Pacific Time (the “Contest Period”). Entries received prior to or following the Contest Period will be disqualified. Sponsor’s computer is the official time-keeping device for the Contest.
  1. ENTRY: No purchase necessary to enter or win. To enter the Contest:
  • Visit [tepui.com] and fill out the online application
  • The online application also requires a short video upload detailing why you should be selected by Sponsor
  • [Insert any additional entry requirements].

Your application and video submission must comply with these Official Rules. By entering the Contest, you represent and warrant that: (i) your entire application and video is an original work created solely by you for this Contest, not previously published and not entered into, or received any awards in, any other contest, sweepstakes, or competition, and that you have not copied or used other works in your application or video; (ii) your application and video will not infringe or violate any intellectual property rights or defame or invade the rights of publicity or privacy of any third party (living or deceased), including, without limitation, any trade secrets, copyrights, or trademarks; (iii) you have the entire right, title, and interest, (including copyright) necessary to submit your application and video in accordance with these Official Rules; and (iv) your application and video is consistent with Sponsor’s corporate image, as determined by Sponsor.  Without limiting the foregoing, your application and video must not contain any profanity, nudity, explicit sexuality, or any content that promotes unlawful behavior, is political in nature, or is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically, or otherwise offensive or objectionable.  Sponsor reserves the right to deem ineligible and exclude from the Contest any application or video that Sponsor determines is not befitting or compliant with these Official Rules.

By submitting your application and video, you are at such time: (a) granting Sponsor and its designees a worldwide, royalty-free, perpetual, unrestricted, irrevocable, and fully sublicensable and transferable right and license to use, disclose, broadcast, publish, reproduce, modify, translate, sublicense, and/or create derivative works of your application and video (in whole or in part), and/or incorporate all or part of your application or video in other works, all in any manner and in any form, media, or technology now known or later developed anywhere in the world at any time, all without further notice to, consent from, or payment to you; and (2) waiving any and all “moral rights” and all rights of “droit morale” you may have in and to your application and video, without notice or compensation, and agree that you may be required to sign a release to that effect.  YOU WILL NOT BE PAID FOR YOUR APPLICATION OR VIDEO, or for granting any of the aforementioned rights.  Sponsor and its designees are in no way obligated to use your application or video, and you may not be given any credit if either is used.  You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor or its designees for any use of your application or video, including copyright or trademark royalties, and you represent and warrant that no other party is entitled to claim royalties from the use of your application or video.

Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete, or damaged entries.  Proof of submission is not proof of receipt by Sponsor. 

  1. ODDS: Odds of winning depend on the number and quality of entries received.
  1. ENTRY LIMIT: Limit one (1) entry per person. The online application process allows you to enter as a group, rather than individually, and if you enter as a group you are limited to one (1) entry per group.  You may not use multiple means of entry (e.g., multiple email accounts or multiple individual entries for a group entry) to circumvent the entry limit.
  1. PRIZES: Following the expiration of the Contest Period, Sponsor will select ten (10) winners (each a “Finalist”) who will each receive (i) $2,000 in cash to fund all or part of a road trip (the “Road Trip”) and (ii) certain products of Sponsor, as selected by Sponsor in its sole discretion. The $2,000 awarded to each Finalist will be divided into two payments of $1,000, with the initial payment awarded at least 2 weeks prior to the start of the Road Trip, based on the date Finalist provides to Sponsor, and the remaining $1,000 payment awarded following Finalist’s completion of its Road Trip and submission of all required Road Trip Materials, as more fully described herein. Following completion of each Finalist’s Road Trip, Sponsor will select five (5) Road Trips to feature in its marketing materials and the Finalists who submitted such featured Road Trips (each a “Winner”)  will receive an additional $2,000 payment, which shall be paid to each Winner within 30 days of Sponsor’s selection of the Winners.  Each Finalist must complete their Road Trip by September 30th, 2018 or face disqualification from the Contest.

Approximate Retail Value (“ARV”): Each Finalist prize has an ARV of $2,300 ($2,000 in cash and $300 in Sponsor’s products) with a total ARV of $23,000, and each Winner shall receive an additional $2,000 with a total ARV of $10,000, for a total ARV of all prizes of $33,000. Sponsor is not responsible for and Finalists and Winners will not receive the difference, if any, between the actual value of a prize at the time of ward and the ARV stated in these Official Rules or in any Contest-related correspondence or materials.  All federal, state/provincial/territorial, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are a winner’s responsibility, regardless of whether his/her prize is used in whole or in part.

Prizes are non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner’s inability to claim, or use the prizes described herein. Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize.

If a Finalist or Winner engages or has engaged in behavior that is obnoxious, threatening, disruptive, inappropriate, illegal, or acts with the intent to annoy, abuse, threaten, or harass any other person, as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify a Finalist or Winner and to immediately void any outstanding portion of the prize without further compensation to such Finalist or Winner.

  1. FINALIST SELECTION: Sponsor shall judge each submission based on originality, quality of video, and creativity, in its sole discretion, to determine which applicants will be selected as Finalists. Finalists will be notified within 10 days after the conclusion of the Contest period that they have been selected as a Finalist.
  1. FINALIST NOTIFICATION AND ACCEPTANCE: Finalists will be notified by email. Sponsor is not liable for a Finalist’s failure or inability to receive communications sent by Sponsor to the contact information provided. To become a Finalist and receive the prize described herein, the Finalist must: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and additional winner terms and conditions (together, “Finalist Paperwork”) to Sponsor within ten (10) business days of receipt.

For the avoidance of doubt, the Finalist Paperwork will contain additional terms and conditions concerning the conduct of your Road Trip, the terms upon which you will receive the prizes described herein, the respective responsibilities and liabilities of each party as well as other terms.  Should a Finalist be unwilling, or unable, to execute the Finalist Paperwork, the Finalist will be disqualified from participating in the Road Trip and ineligible to receive any prizes hereunder.

A Finalist may be disqualified for: failure to timely respond to Sponsor’s notification, failure to timely complete and return the Finalist Paperwork, failure to meet the eligibility requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor’s sole discretion. All Finalist privileges shall immediately terminate upon disqualification. If a Finalist is disqualified, Sponsor may select an alternative Finalist.

Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply. Finalists and Winners are responsible for all federal, state, and local taxes on the value of their prizes. Finalists and Winners may receive from the IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service.   

  1. DATA COLLECTION: Personal information collected from entrants in connection with the Contest will be used by Sponsor and its authorized agents to administer the Contest, to fulfill the prizes, for solicitation, marketing, or other business or promotional purposes as permitted by law. If you are selected as a Finalist or Winner, your information may also be included in a publicly available Winners’ List.   By entering the Contest, you also agree that Sponsor may conduct any appropriate background checks, as permitted by law, prior to declaring you a winner.
  1. CONDUCT: All Contest participants agree to be bound by these Official Rules. Sponsor, in its sole discretion, reserves the right to disqualify any person it finds to be tampering with the entry process, the operation of its website or is otherwise in violation of these Official Rules. Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise.

If the Contest cannot be run or be administered as planned, for reasons outside of Sponsor’s control, Sponsor reserves the right to cancel, modify, or suspend the Contest (subject to any written directions given under applicable law) by posting a notice on the Contest entry page. Sponsor further reserves the right to modify, cancel, or suspend the Contest if Sponsor believes doing so is necessary to maintain the integrity of the Contest or fairness to entrants. Sponsor will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor’s reasonable control.

  1. RELEASES: As a condition of entering the Contest, entrant agrees: (i) to release, indemnify, and hold harmless Sponsor from any and all liability, loss, or damage incurred with respect to participating in the Contest or Road Trip, or the awarding, receipt, possession, and/or use or misuse of a prize; and (ii) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, any punitive, indirect, incidental, consequential, exemplary, or any other damages, other than for actual out-of-pocket expenses; and (iii) all causes of action arising out of or connected with the Contest or the awarded prizes shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be entitled to receive attorneys’ fees or court costs.  

Each Finalist and Winner, by acceptance of a prize, grants to Sponsor, and each of its respective designees the absolute right and license to use, publish, post, and/or display his/her name, address (city and state/province/territory of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Sponsor’s sole discretion) in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.

You acknowledge that you have had an opportunity to review these Official Rules and understand them.

  1. GENERAL RULES: Entrants who have not complied with these Official Rules are subject to disqualification and their entries will be void.  Sponsor reserves the right to disqualify any entrant and void his/her entry if Sponsor determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices.  Sponsor reserves the right to cancel, modify, or suspend the Contest at any time if fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Contest.  In the event of cancellation, Sponsor reserves the right to select the Finalists from among all eligible entries received up to the time of such cancellation, in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules.  Sponsor does not warrant that access to the Contest will be uninterrupted.  Sponsor is not responsible for any problems that may arise, including but not limited to: (i) lost, interrupted, inaccessible or unavailable networks, servers, satellites, websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Contest; or (ii) failed communications or communications that are jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (iii) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in connection with the administration of the Contest or the offering or announcement of the prizes or in any prize notification documents; or (iv) any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (v) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (vi) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in the Contest.  Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest-related materials, these Official Rules shall prevail.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. 
  1. GOVERNING LAW:  Except where prohibited by law, all issues concerning the construction, validity, and enforcement of these Official Rules, and the rights and obligations of entrant and Sponsor, shall be construed and governed by the laws of the State of California, without regard to conflicts of law principles.  All suits or claims brought in connection with this Contest must be brought in a state or federal court located in the State of California.  All entrants consent to the jurisdiction and venue of the appropriate state or federal court located in the State of California. 
  1. WINNERS LIST: The names of the Finalists and Winners may be obtained by sending a self-addressed stamped envelope to: Year of Endless Adventure, Tepui Outdoors, Inc., 2500 Rosedale Avenue, Soquel, CA 95073. Residents of Vermont and Washington may omit return postage. Such information will be available for two (2) years following the end of the Contest Period.