THE FOLLOWING CONTEST IS OFFERED ONLY IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA ("D.C."). VOID OUTSIDE THE 50 UNITED STATES/D.C., AND WHEREVER PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU WERE NOT 21 YEARS OF AGE OR OLDER AS OF 9/29/09 AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR D.C. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
"EXPEDITION OF A LIFETIME" CONTEST ("Contest") OFFICIAL RULES
Sponsored by Mariah Media, Inc. and Eddie Bauer LLC ("Sponsors")
BY ACCEPTING THE PRIZE IN THE CONTEST, THE WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN MOUNTAINEERING/HIKING/CLIMBING, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN ACTIVITIES RELATED TO THE PRIZE IS VOLUNTARY, WARRANTS AND REPRESENTS THAT HE/SHE IS PHYSICALLY ABLE TO UNDERTAKE THE REQUIREMENTS OF THE PRIZE, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES (DEFINED BELOW) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS.
1. HOW TO ENTER THE CONTEST: The Contest begins at 12:00:01 a.m. Eastern Time ("ET) on 9/29/09 and ends at 11:59:59 p.m. ET on 12/31/09 ("Contest Period"). To enter the Contest, you (an "Entrant") submit the following: (1) your original, 300 – 500 word essay (in English) on why you qualify for the expedition of a lifetime, (2) your 250 (or more) word "adventure resume" (in English) that highlights your outdoor expeditions of the last three years, and (3) a video (max. of 5 minutes) that demonstrates your thirst for adventure. Go to www.expeditionofalifetime.com and follow the on-screen instructions for submitting your essay, adventure resume, and video (collectively "Entry"). Entry must be completed in one session, as Entrant will not have the ability to revisit the web site at a later time to complete entry. To enter by mail, mail your video (VHS or DVD only) and your hand-printed or typed essay and resume on pieces of 8 1/2" x 11" paper, along with your name, address, daytime phone number, and date of birth, to: Outside "Expedition of a Lifetime" Contest, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611. Entry may be publicly displayed on Sponsors' websites, at Sponsors' sole discretion. Limit one (1) Entry per person /e-mail address for entire Contest Period. Submitted Entries become property of Sponsors and will not be acknowledged or returned. Online Entries must be received/uploaded no later than 11:59:59 p.m. ET on 12/31/09. Mailed Entries must be postmarked by 12/31/09 and received by 1/10/10. Sponsors assume no responsibility for lost, late, damaged, misdirected, illegible, postage-due, or incomplete Entries or other contest materials, all of which are void. You must record the video in accordance with the terms, conditions and specifications set forth in these Rules. Your video's audio (if any) must be in English, and video must be in .avi, .mov, or .mpg format.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsors under any obligation, that Sponsors are free to disclose or otherwise disclose the ideas contained in the Video on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by its employees, or obtained from sources other than you.
Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS ACKNOWLEDGE AND AGREE THAT SPONSORS, THEIR RESPECTIVE PARENTS, MEMBERS, AFFILIATES OR SUBSIDIARY COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND/OR ADVERTISING, PROMOTION AND JUDGING OR OTHER AGENCIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, ARISING FROM , DIRECTLY OR INDIRECTLY CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST. If the Entry you have submitted complies with those policies, terms, and conditions imposed by Sponsors, it may be posted and may be viewed by anyone visiting the Contest Website. ENTRIES POSTED WERE NOT EDITED BY SPONSORS AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSORS IN ANY MANNER. By participating in the Contest, Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsors and their judges (including, without limitation, decisions regarding eligibility of entries, the selection of the winner, and the awarding of the prize), which are final and binding in all respects. All entries are subject to verification by Sponsors.
Online entrants must have a valid e-mail address. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Please see the privacy policy located at http://away.com/about_us/privacy.html for details of Sponsor's policy regarding the use of personal information collected in connection with this Contest.
2. JUDGING: The winner will be determined on or about [January 10, 2010] by a qualified judging panel based on the following criteria: 30% Adventure resume qualifications, 20% Overall enthusiasm communicated in the essay and video, and 20% Ability to execute the expedition, in the opinion of the Sponsor. In the event of a tie, the entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. Judging in the Contest will be conducted by a panel of individuals (and tiebreaker judge, if applicable) who are experienced in outdoor adventures and who may also be employees, agents or representatives of Sponsors.
3. PRIZE: Subject to the terms and conditions of these Official Rules, one (1) Grand Prize will be awarded in the Contest. The Grand Prize consists of the Five Day Mt Rainier Summit Climb with Rainier Mountaineering, Inc. and includes round-trip coach air transportation for winner from the major commercial airport nearest his/her residence to Seattle, WA. Winner will be responsible for any necessary ground transportation. See http://www.rmiguides.com/rainier/5-day-summit.php for specific details of the Five Day Mt. Rainier Summit Climb. The trip will be outfitted by Eddie Bauer and will include one of each of the following merchandise items: Paradise ¼ Zip Top, Paradise bottom, Mountain Guide pant, Rainier Storm Shell pant, pair of light weight socks, pair of heavy weight socks, Hangfire hoodie, Downlight Sweater, Mountain Guide Jacket, Rainier Storm Shell Jacket, Merino Hat, pair of soft-shell gloves, pair of guide gloves, buff, Peak XV Down Jacket, Big Tahoma Pack, and belay knife, plus additional gear and footwear from Rainier Mountaineering, Inc. and the guide services of one or more members of the First Ascent Guide Team, subject to his/her availability, who will accompany the winner on the trip. All travel must be completed by 12/31/10, and is subject to the schedules set forth by Rainier Mountaineering, Inc. Prize is subject to the terms, conditions, and restrictions imposed by Rainier Mountaineering, Inc. Winner is responsible for obtaining proper documentation as required (e.g., valid photo ID) prior to travel. Winner may have to execute additional release forms as required by Rainier Mountaineering, Inc. and Sponsors prior to travel. Winner may also have to demonstrate his/her knowledge, ability, and medical fitness to participate in advanced trips. Rainier Mountaineering, Inc. and Sponsors may deny the trip if they feel the winner is not qualified or medically fit and substitute a prize of equal or greater value, at the sole discretion of Rainier Mountaineering, Inc. and/or Sponsors. All costs and expenses not specified herein, related to the Grand Prize or the use thereof, including but not limited to additional transportation costs, additional lodging, meals, taxes (including income taxes), gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner. Approximate retail prize value: $13,770.15. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of prize will not be awarded. Any portion of a prize not accepted by winner will be forfeited. Winner consents to publication of Winner's name and highlights from the expedition in a special advertising section of Outside magazine, and on the Eddie Bauer website and/or First Ascent website and in additional Eddie Bauer or First Ascent materials (usage and dates subject to change and shall be in Sponsor's sole creative discretion).
4. WINNER NOTIFICATION AND PRIZE RESTRICTIONS: Potential winner will be notified by overnight mail and must sign and return an Affidavit of Eligibility, Release of Liability/Publicity and Assignment of Rights in the form(s) provided by Sponsors within fourteen (14) days of notification (first attempt) or prize will be forfeited. Failure of potential winner to timely return all documents required under these Official Rules may result in disqualification and the selection of the Entry receiving the next highest score by the judges. Sponsors are not responsible for any change of email address, mailing address and/or telephone number of Entrants. All federal, state and local taxes on the prizes are Winner's sole responsibility. If for any reason, an advertised prize cannot be awarded as stated herein, Sponsors reserve the right to substitute a prize of equal or greater value. Prize is non-transferable and non-assignable, and is not refundable, and must be accepted as awarded. Prize is awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsors or for which Sponsors shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Unused components of the prize shall be forfeited and have no redeemable cash value.
5. ELIGIBILITY: Contest is open to lawful permanent U.S. residents residing in the fifty (50) United States or the District of Columbia, who are twenty-one (21) years of age or older at the time of entry except where prohibited. Employees of the following entities and members of their families or households are not eligible: Sponsors, Rainier Mountaineering, Inc., and their respective parent companies, subsidiary companies, affiliates, printers, advertising and promotion agencies, distributors or retailers. For purposes of these Rules, "families" is defined as parents, legal guardians, spouses, siblings, children, and "steps" of each. All federal, state and local laws apply.
6. LIMITATIONS ON LIABILITY: Neither Sponsors nor Rainier Mountaineering, Inc. is responsible for any lost, late, misdirected, damaged, forged, incomplete, illegible, postage-due, or garbled Entries. Neither Sponsors nor Rainier Mountaineering, Inc. is responsible for any: (a) telephone, computer, or network malfunction or error; (b) communication disruption or other forces beyond the reasonable control of the Sponsors, including disruption related to Internet traffic, virus, bug or non-authorized intervention; or (c) damage caused by computer virus or otherwise resulting to any computer as a result of Entrant's access of the Contest website. If such malfunction, error, disruption or damage occurs, and impairs the administration, security, fairness, integrity or proper play of the Contest, Sponsors may, in their sole discretion, suspend or terminate the Contest by posting a notice on www.expeditionofalifetime.com. If the Contest is terminated before the end date, Sponsors reserve the right (but does not have the obligation) to determine a winner from all eligible Entries received as of the termination date. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsors believe to be causing malfunction, error, disruption or damage will be disqualified. Sponsors reserve the right to void Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized subscriber of said e-mail account at the time of Entry will be considered the entrant, at Sponsor's sole discretion. "Authorized account subscriber" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
7. RELEASE. By participating in this Contest and any prize awarded, each Entrant and Winner, on behalf of themselves, their executors, assigns, and heirs, forever and irrevocably releases and holds harmless Sponsors and Rainier Mountaineering, Inc., and their respective parent, or subsidiary companies, affiliates, advertising and promotional agencies , and all of their respective members, employees, officers, directors, owners, representatives and agents ("Promotional Parties") from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of, indirectly or directly caused by, or relating to entering the Contest or Winner's participation in this Contest, or the award, use or misuse of any prize awarded hereunder, including any travel related thereto or prize-related activities.
8. GENERAL CONDITIONS: Submission of an entry constitutes Entrant's grant to Sponsors and Rainier Mountaineering, Inc., and their respective assignees/designees of all of Entrant's rights in perpetuity to publish, use, adapt, edit and/or modify the Entry, or any one or more components thereof, in any way, in commerce and/or in any and all media worldwide now known or hereinafter developed, without limitation and without further consent, consideration or notice to the winner. Submission of any entry further constitutes the winner's acknowledgement and agreement that the Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Entrant irrevocably assignsand transfers to the Sponsors any and all rights, title, and interest in and to the Entry, including, without limitation, all intellectual property rights. Entrant agrees to execute all assignments or other documents and do all things necessary to enable Sponsors and Rainier Mountaineering, Inc. to prosecute, perfect, and enforce such right, title, and interest in such Entry and to allow registration, or copyright protection therefor. Entry may be publicly displayed on the Contest website, and Sponsors' and Promotional Parties respective websites, at Sponsors' sole discretion. Entrant warrants that Entry is the original work of the entrant; has not been the subject of previous awards; has not been published previously; does not infringe a third-party's rights, and is suitable for publication/broadcast to a general, unrestricted audience. The right to submit or use an Entry must not be restricted in any way. Note that modifying, enhancing or altering a third party's preexisting work will not be deemed as an original creation. Entry may not include any intellectual property of third parties, including copyrighted material. Entry may not, in the opinion of Sponsors or the judges, be obscene, libelous, reflect poorly on the Sponsors and Promotional Parties or be otherwise inappropriate for use in advertising or for promotional or publicity purposes. Entries must be submitted by an individual, eligible entrant only; no group Entries allowed and no groups may be entered. All Entries become the property of the Sponsors and may be used by Sponsors for any purpose and in any media whatsoever, whether or not now known, without territorial or time limitation and without further compensation, consent, or notice to the winner, and will not be returned. Void where prohibited.
No substitution of prize or cash equivalent except at Sponsors' sole discretion. Sponsors reserve the right to conduct verification activities and a background check on winner. To the extent necessary and permitted by law, Winner shall authorize this background check, and cooperate in any background check and verification activities as requested by Sponsors. Sponsors reserve the right to disqualify any Entry based on such background check if Sponsors determine in their sole discretion that awarding a prize to such individual might reflect negatively on Sponsors.
By accepting a prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption of said prize and any and all liability that might arise from redeeming or seeking said prize, and releases the Sponsors from any claims arising therefrom. Except where prohibited, acceptance of prize constitutes Winner's consent to use of his/her name, likeness and biographical data in perpetuity for advertising and promotional purposes without additional compensation, notice or consent.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the state of Illinois, Cook County.
10. OFFICIAL RULES: For a copy of the Official Rules, send a self-addressed, stamped #10 business envelope to: Outside Magazine "Expedition of a Lifetime" Rules, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611. Request must be received by 3/31/10. Limit one request per postmarked outer mailing envelope.
11. WINNER'S NAME: For the winner's first initial, last name, and home city, send a self-addressed, stamped, #10 business envelope to: Outside Magazine "Expedition of a Lifetime" Winner, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611. Requests must be received by 3/31/10. Limit one (1) request per postmarked outer mailing envelope.
12. SPONSORS/ADMINISTRATORS: Mariah Media, Inc. 400 Market St., Santa Fe, NM 87501 and Eddie Bauer LLC, Attn: Marketing Manager 10401 NE 8th Street, Bellevue, WA 98004.