OUTSIDE MAGAZINE/EVO PHOTO CAPTION CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING CONTEST IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES AND D.C. DO NOT ENTER THIS CONTEST IF YOU ARE NOT RESIDING IN THE UNITED STATES OR D.C. AT THE TIME OF ENTRY.
1. ELIGIBILITY. The Outside Magazine/EVO Caption Photo Contest (“Contest”) is open to all legal United States and D.C. residents who are at least eighteen (18) years old at time of entry, except employees of Mariah Media Network, LLC (“Sponsor”), Evolucion Innovations, Inc. (herein “EVO”), The North Face, their respective parent companies or affiliated companies, subsidiaries, retailers, dealers, sales representatives, distributors, advertising agencies, promotional and prize suppliers and the immediate families and household members of each. Void where prohibited.
2. objective. Provide a caption to the photo provided by Outside Magazine based on the criteria (see paragraph titled “Judging”), terms and conditions set forth in these Official Rules. The participant who provides the best caption will win their choice of either a Men’s The North Face NFZ Insulated Jacket or a Women’s The North Face Tight Ship Jacket.
3. HOW TO ENTER. Beginning at 12:00:00 a.m. Eastern Standard Time (“EST”) on November 4, 2014 through 11:59:59 p.m. EST on December 8, 2014 (“Entry Period”), visit the Outside Magazine page on Facebook® (www.facebook.com/outsidemagazine) and click on the link to the Contest page tab to access the Contest application. Once you have accessed the Contest application, complete the entry form and follow the on-screen instructions to submit a caption of 140 characters or less, in English, for the photo provided (herein “Entry” or “Entries”) to enter the Contest. Limit one (1) Entry per person/Facebook account. Entries received from any person/Facebook account in excess of the stated limitation will be void. All entries must be received with all required elements no later than 11:59:59 p.m. EST on December 8, 2014. No other attempted method of entry will be accepted; entries may not be mailed. Submission of an Entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that you are providing your personal information to Sponsor and not to Facebook. Direct any questions, comments or complaints regarding this Contest to Sponsor and not to Facebook.
ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS CONTEST, ENTRANTS ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, EVO, THE NORTH FACE, FACEBOOK, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS CONTEST, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST. ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER.
Entry must be submitted by an individual, eligible entrant only; no group entries allowed. Only the entrant that submitted the Entry is eligible to receive a prize. Entry must conform to the following Entry Requirements:
- Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or describe any materially dangerous activity;
- Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may be unsafe or dangerous, or any particular political agenda or message (in the sole opinion of the Sponsor);
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, EVO, The North Face, Facebook, or its products, or other people, products or companies;
- Entry may not include any intellectual property of third parties, including copyrighted material or third-party trademarks (except those of the Sponsor, EVO and/or The North Face );
- Entry cannot contain materials embodying the names or other indicia identifying any person, living or dead, without permission;
- Entry cannot communicate messages inconsistent with the positive images and/or goodwill to which Sponsor, EVO, and/or The North Face wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any law.
Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), entrant is the sole copyright owner of the Entry, that the Entry is true and verifiable, that the Entry has not been previously broadcast, submitted to or entered in any competition or won any awards, and that his/her Entry does not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor and entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or their designees) may be similar to his/her Entry. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Entry. Entrant agrees that Entry may be posted on http://www.facebook.com/outsidemagazine or other Sponsor or Sponsor’s agent’s websites. Winner’s name, city and state of residence may be disclosed in winner’s lists and Released Parties are not liable for any misuse of such winner’s list by third parties. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. By submitting an Entry, entrant agrees that his/her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation; that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrant. Sponsor reserves the right at its sole discretion, to disqualify any individual (and his or her Entry) who tampers with the entry process.
5. WEB RESTRICTIONS. All entrants must have a valid e‑mail address. Sponsor assumes no responsibility for computer system, hardware, software or program malfunction or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
6. JUDGING: From December 9, 2014 through December 16, 2014 Entries will be judged by a panel of judges appointed by Sponsor based on the following criteria: (i) creativity (40%); (ii) humor (30%); and (iii) originality (30%). The Entry receiving the highest score as determined by the judges using the criteria listed above will be deemed the Prize winner (subject to verification). In the event of a tie by the judges, the entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied entries according to the criteria listed above. The decisions of the judges will be final and binding on all matters relating to the Contest.
7. PRIZE. One (1) Prize winner will receive their choice of either a Men’s The North Face NFZ Insulated Jacket (color: Valencia Orange) (Approximate retail value: $380.00) or a Women’s The North Face Tight Ship Jacket (color: Mahalo Print) (Approximate retail value: $249.00). Color/size is at Sponsor’s sole discretion and subject to availability. Except at Sponsor's sole discretion, no cash redemption, substitution, or transfer of prize allowed. In case of unavailability of the prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all applicable federal, state and local taxes are the responsibility of the winner. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner.
8. WINNER NOTIFICATION/PRIZE RESTRICTION. Potential Winner will be notified on or about December 17, 2014 by overnight mail and will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release within fourteen (14) days of notification. If prize notification is returned as undeliverable, or prize is refused by any notified winner, the prize will be awarded to the Entry receiving the next highest score as determined by the judges. If a winner is eighteen (18) years old, but considered a minor in their state of residence, prize may be awarded on minor’s behalf to a parent/legal guardian of eligible minor, who must execute and return any required documents as noted previously in these rules. Winner’s Entry and acceptance of prize constitutes permission for the Sponsor to use his/her name, Entry, photograph, likeness, statement, voice, and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation except where prohibited by law. All Entries become property of Sponsor and will not be returned.
9. GENERAL TERMS & CONDITIONS. By participating, each entrant agrees (a) to release, discharge and hold harmless Released Parties from and against any liability, claims, losses and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse or possession of a prize received in this Contest (including any personal injury, death and property damage or activity related thereto), and the Released Parties’ use of any Entry; (b) to abide by these Official Rules and decisions of Sponsor and judges which shall be final and binding in all respects; and (c) that Sponsor and their respective designees shall have the right and permission to use (unless prohibited by applicable law) entrant’s image, name, voice, city, and state of residence, photographs and/or likenesses for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing, uploading or downloading information in connection with this Contest. Sponsor reserves the right, at their sole discretion, to modify or terminate the Contest (or any portion thereof) should any virus, bug, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest, and, in the event of termination, suspension or cancellation, at its discretion, to void the Entries at issue and/or terminate, cancel or suspend the Contest and, if terminated, at Sponsor’s discretion, to select winner based on judging criteria set forth in Rule #6 from all eligible, non-suspect Entries received prior to such termination using the judging procedure set forth above. In the event of any such termination, cancellation or suspension, a notice will be posted onhttp://www.facebook.com/outsidemagazine. In the event the Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to disqualify such person and void suspect Entries and seek damages and other remedies (including attorneys’ fees) from him/her to the fullest extent permitted by law. Entrants are subject to all notices posted online including but not limited to privacy policies. In the event of a dispute over the identity of an online entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 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, and exclusively by the United States District Court for the District of New Mexico or the appropriate New Mexico State Court located in Santa Fe County, New Mexico; (2) 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 rights 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 New Mexico without giving effect to any choice of law or conflict of law rules (whether of the State of New Mexico or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Mexico.
9. LIMITATION ON LIABILITY. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Released Parties from any and all liability, loss or damage incurred with respect to awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstance will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorney’s fees and court costs. By accepting a prize, winner agrees that Released Parties will not be held responsible for any system damage, loss of property, accidents, injuries, or death that may occur in the receipt, awarding, use or possession of prize and/or participation in any prize related activity, including any travel or activities related thereto. Winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. By participating in this Contest, entrants and winner agree to be bound by these Official Rules, the decisions of Sponsor and any applicable federal, state or local laws and regulations.
10. LICENSE/USE OF ENTRIES. By submitting an Entry, each entrant hereby grants to Sponsor a royalty free and fully paid up, irrevocable, worldwide perpetual license to edit, publish, use, adapt, exploit, and modify any Entry (and all elements embodied therein), including, without limitation the images, names, likenesses of any persons or locations embodied therein, online, in print, film, television, or in any other media now known or hereafter devised, without compensation, notification or permission from entrant or any third party and display the Entry on Sponsor’s website atwww.outsideonline.com,www.facebook.com/outsidemagazine, www.evo.com,www.thenorthface.com and third party websites and otherwise use the Entry in accordance with these Official Rules, in any and all media now known or hereafter devised.
11. WINNER’S NAME. To obtain a copy of the winner’s name, send a SASE to Outside Magazine/EVO Photo Caption Contest Winner, 444 N. Michigan Ave., Suite 3350, Chicago, IL 60611 by 3/17/15. Winner’s name will be sent when winner has been verified and prize has been awarded.
12. SPONSOR/ADMINISTRATOR. Mariah Media Network, LLC, 400 Market St., Santa Fe, New Mexico 87501