THE NORTH FACE NEVER STOP EXPLORING CONTEST
Sponsored by: The North Face, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202 USA.
NO PURCHASE NECESSARY. Open only to legal residents of the United States and Canada, 16 years of age or older, who have a TikTok account prior to August 20th, 2021. Offered only in the United States and Canada. Void where prohibited by law.
IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE (IN THE UNITED STATES: GENERALLY, UNDER THE AGE OF 18; IN CANADA: UNDER THE AGE OF 18 OR 19, DEPENDING ON YOUR PROVINCE/TERRITORY OF RESIDENCE), OBTAIN THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST.
1. Contest Schedule. Contest begins August 20th, 2021 at or after 12:00:01 a.m. Mountain Time (MT) and ends August 25th, 2021 at 11:59:59 p.m. MT (“Contest Period”).
2. Contest Theme. Create a video showing your favorite outdoor location(s), be it bustling park, secluded beach or an imposing mountain. Which outdoor location do you like to visit for inspiration, encouragement or just plain “good vibes?”
3. To Enter.
(a) Log into your public (not private) TikTok account and post your original video along with the hashtags #neverstopexploring and #contest.** Your video must be at least three (3) seconds and cannot exceed thirty (30) seconds, and MUST include the Contest sound available at The North Face’s official TikTok account, @thenorthfaceofficial. Contest sound cannot be modified or altered from its original form, including shortening same.
(b) Be sure to configure your TikTok privacy settings – including following @thenorthfaceofficial on TikTok), if you have not done so already – so that The North Face can contact you if your entry is selected as a potential prize winner in the Contest.
(c) IN ENTERING, YOU (IF A MINOR IN YOUR JURISDICTION OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN) ACKNOWLEDGE THAT YOU/YOUR PARENT OR LEGAL GUARDIAN HAVE READ, UNDERSTAND AND AGREE TO THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE CONTEST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES OR HAVING YOUR PARENT/LEGAL GUARDIAN DO SO (IF A MINOR).
**THE HASHTAGS #neverstopexploring and #contest MUST BE INCLUDED IN THE POSTED VIDEO. USE OF THE HASHTAGS SERVES TO DISCLOSE TO THE PUBLIC THAT YOUR ORIGINAL VIDEO WAS CREATED IN CONJUNCTION WITH YOUR PARTICIPATION IN A CONTEST SPONSORED BY THE NORTH FACE, A DIVISION OF VF OUTDOOR, LLC, TO ADVERTISE ITS APPAREL, ACCESSORIES AND OTHER PRODUCTS.
4. Entry Restrictions.
(A) All entries must be received by 11:59:59 p.m. MT on August 25th, 2021.
(B) By participating in the Contest, you (if a minor in your jurisdiction of residence, your parent or legal guardian) agree to be bound by Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.
(C) There is a limit of one (1) entry per person. DO NOT SUBMIT THE SAME VIDEO MULTIPLE TIMES. Violation of the entry limit will result in only the initial entry (i.e., video) being accepted; however, should Sponsor determine in its sole discretion that a given person has repeatedly, egregiously or blatantly violated the entry limit, ALL entries/videos will be declared void and the person submitting such entries/videos will be disqualified from the Contest.
(D) Receipt of your entry may be acknowledged by Sponsor. Any such acknowledgment shall not constitute any representation as to Contest eligibility, notice of selection as a potential prize winner, nor is it otherwise binding upon Sponsor under any legal theory. Further, should Sponsor elect to re-post a person’s video (on @thenorthfaceofficial or elsewhere), such action shall not constitute any representation as to Contest eligibility, notice of selection as a potential prize winner, nor is it otherwise binding upon Sponsor. Proof of posting video on one’s public TikTok account does not constitute proof of receipt or proof of entry.
(E) Video must be created solely by the entrant individually him/herself with the sole exception of the Contest sound. Joint, group, team or collaborative submissions will NOT be accepted. Without limiting the foregoing, a minor cannot be assisted by a parent, legal guardian or other third party in the creation of his/her video.
(F) Once submitted, a video cannot be modified, amended or supplemented by entrant prior to judging.
(G) Use of automated or programmed means of participation in the Contest is prohibited and will result in automatic disqualification. Should more than one (1) person claim to have submitted a given entry, Sponsor shall resolve such dispute by determining the entry to have been made by the authorized owner of the e-mail account or mobile phone number associated with the TikTok account used to enter the Contest. The authorized owner of an e-mail address is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses for the domain associated with the e-mail address. The authorized owner of a mobile phone number is the natural person assigned to a mobile phone number by the duly constituted entity that issued same as per its official records.
(H) Standard message and data rates and/or wireless Internet access charges may apply when participating in the Contest. You (if a minor in your jurisdiction of residence, your parent or legal guardian) may be charged by your wireless carrier in conjunction with Contest entry. You/your parent or legal guardian are advised to check the corresponding wireless carrier's pricing plan PRIOR TO Contest participation. Wireless Internet access may not be available in all areas and is not available on all mobile devices.
(I) Personal information provided when entering the Contest will be used in accordance with The North Face’s privacy policy which can be found at www.thenorthface.com/help/privacy.html. Your information will only be used for purposes of Contest administration unless you (if a minor in your jurisdiction of residence, your parent or legal guardian) expressly consent to any other uses beforehand. You (if a minor in your jurisdiction of residence, your parent or legal guardian) are advised to carefully review The North Face privacy policy prior to entering the Contest.
5. Additional Entry Restrictions- Content of Video.
Video will NOT be eligible for Contest entry if Sponsor determines in its sole discretion that the video:
(A) is not entirely original (except for Contest sound**) and violates or infringes upon the rights of any party (including copyright, trademark, right of privacy, right of publicity), including the rights of third party entities-
[i] Please do NOT use third party materials in your video. This includes third party brand names and logos; content from books, movies, plays, musicals, poems or other third party literary/artistic works, whether in audio or visual form;
[ii] Please do NOT include any other individuals in your work (even incidentally) without their consent. This includes celebrities, athletes and other public figures as well as any other persons‡;
(B) is inappropriate, obscene, hateful or otherwise unfit for publication;
(C) advocates the use of alcohol or drugs, acts of violence, dangerous stunts, reckless behavior (including visiting areas designated as hazardous or dangerous) or illegal conduct (including trespassing onto private lands or visiting areas to which access is prohibited by law, statute, regulation or ordinance);
(D) disparages or damages the goodwill and/or business reputation of Sponsor or its brands;
(E) includes political or otherwise controversial content;
(F) overly relies on the use of filters or other post-production effects;
(G) includes personally identifiable information (such as, complete name, telephone number or e-mail address) whether of yourself or someone else;
(H) is not related to the Contest theme of your favorite outdoor location or is not truthful in all material respects.
Sponsor shall determine in its sole discretion if a video is not eligible because of violation(s) of the preceding content restrictions. In such case, the corresponding entry will be declared void and, if such violation(s) are determined by Sponsor to be particularly egregious, repeated or blatant, the entrant submitting such video/entry will be disqualified with all of his/her entries declared void.
**Sponsor grants entrant a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Contest sound solely for purposes of participation in the Contest as per these Official Rules. At all times, as between entrant and Sponsor, Sponsor will be the sole owner of any and all rights in the Contest sound. Unless permission is expressly granted in writing by Sponsor, the preceding grant of rights in the Contest sound will automatically terminate at the end of the Contest; and, any continued use of the Contest sound by entrant after such time shall constitute an actionable violation of Sponsor’s rights in same.
‡Sponsor reserves the right to condition eligibility upon potential winner furnishing adequate proof of such third party consent(s) to Sponsor, at its request. And, failure of potential winner to provide any such consent(s) or if the tendered consent(s) are determined by Sponsor in its sole discretion to be inadequate, unreliable or otherwise unacceptable will result in disqualification of such potential winner and selection of an alternate potential winner as per Rule 7 below.
6. Grant of Rights in Video.
In submitting a video as an entry in the Contest, you (if a minor in your jurisdiction of residence, your parent or legal guardian) grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the video in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to you (if you are a minor in your jurisdiction of residence, or to your parent or legal guardian). The preceding grant of rights is subject to any rights retained by TikTok Inc./TikTok Pte. Ltd. in its social media platform, to the extent applicable.
You (if a minor in your jurisdiction of residence, your parent or legal guardian) further (a) waive any “Droit Moral,” “Moral Rights of Authors” or similar natural rights of ownership you (if a minor in your jurisdiction of residence, your parent or legal guardian) may have in the video and (b) agree, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section.
You (if a minor in your jurisdiction of residence, your parent or legal guardian) also understand and agree that (a) Sponsor has wide access to ideas, stories and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/literary/artistic materials may be competitive with, similar to (or even identical to) the submitted video (in whole or in part) and that Sponsor shall have no liability to you (if a minor in your jurisdiction of residence, or to your parent or legal guardian) or any third party in conjunction therewith; and (b) Sponsor does not have any duty of confidentiality or other fiduciary duty to you (if a minor in your jurisdiction of residence, or to your parent or legal guardian) relative to your video.
SPONSOR MAY RE-POST SUBMITTED VIDEOS @thenorthfaceofficial, www.thenorthface.com, www.thenorthface.ca, AND PERHAPS ELSEWHERE. IN SUCH CASE, ANY RE-POSTED VIDEO REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY ENCOURAGING PERSONS TO PROVIDE CONTENT REGARDING THE CONTEST THEME OF ONE’S FAVORITE OUTDOOR LOCATION; AND, SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH THE CONTENT OF ANY SUCH VIDEO INCLUDING MONITORING, FILTERING OR MODERATING VIDEOS. SPONSOR WILL NOT EDIT OR MODIFY VIDEOS SUBMITTED FOR THE CONTEST IN CONJUNCTION WITH THE ADMINISTRATION OF THE CONTEST.
7. Selection Of Winners.
(A) Sponsor will evaluate all eligible entries (videos) using the following equally weighted judging criteria, taking into account the age of the entrant:
· Creativity (How well does the video stand out from the rest of the submissions?)
· Visual Appeal (How good is the framing, cinematography, editing and the other technical attributes of the video?)
· Inspirational Power (How much does the video make you want to get outside and LIVE?)
In the event of a tie, an additional judge will review the tied entries as per the aforementioned criteria so as to determine the potential winner. The judging will take place on September 8th, 2021 at 10:00 a.m. MT at Sponsor’s offices in Denver, Colorado USA or another location of Sponsor’s sole choosing.
If the selected entrant is a resident of Canada, he/she must correctly answer a mathematical skill-testing question within an indicated time limit in order to be considered a potential winner.
(B) Potential winners will be notified by direct message from @thenorthfaceofficial. Potential winner (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and perhaps additional documents (e.g., confirmation of grant of rights in entry), all within three (3) business days. In the event of noncompliance with these requirements (as applicable), if potential winner cannot be reached for any reason (including failure to timely receive or receive at all or respond to notification for any reason, including, potential winner’s privacy settings not being configured so as to accept direct messages from @thenorthfaceofficial or direct messages from @thenorthfaceofficial not being timely received for any other reason) or if potential winner is determined to be ineligible or otherwise in violation of these Official Rules, he/she shall be disqualified and forfeit the prize without compensation of any kind. In case of prize forfeiture, an alternate winner will be selected from among all remaining eligible entries/videos received as set forth above.
8. Prizes.
1st Place Prize – Five (5) Day Trip to/at Campfire Ranch in Taylor Mountain Park in Almont, Colorado USA. Prize includes round trip coach air travel from major commercial airport nearest winner’s residence to Denver with connecting service to Gunnison County/Almont; 5 day/4 night stay at Campfire Ranch campgrounds; guided tours around Crested Butte for 3 days. Approximate Retail Value: $4000.
2nd Place Prize - $1000 The North Face gift card.
3rd Place Prize - $500 The North Face gift card.
4th Place Prize – Base Camp Duffel (M). Approximate Retail Value: $149.
5th Place Prize – Base Camp Duffel (M). Approximate Retail Value: $149.
6th Place Prize – Base Camp Duffel (M). Approximate Retail Value: $149.
Total Approximate Retail Value of All Prizes: $5947.
9. Prize Restrictions.
1st Place Prize:
Trip is subject to availability and blackout dates during outdoor camping season of May to September. As per policies of Campfire Ranch, campground can only be booked no more than (14) days in advance of stay. Other restrictions apply. Date of travel is subject to approval by Sponsor in its sole discretion. Prize travel must be completed within one (1) year of winner verification unless extended by Sponsor in its sole discretion. Winner and guest must travel on same itinerary as approved by Sponsor. Winner and guest will be solely responsible for any and all necessary travel documents (including passport for Canadian prize winner and/or guest).
WINNER AND GUEST ASSUME ANY AND ALL RISK OF INJURY, DISMEMBERMENT, ILLNESS OR EVEN DEATH IN CONJUNCTION WITH USE OF THE CAMPGROUNDS AT CAMPGROUND RANCH. BY WAY OF EXAMPLE ONLY, USE OF THE CAMPGROUNDS MAY RESULT IN BITES OR OTHER INJURIES FROM INSECTS AND/OR WILD ANIMALS; BURNS; SPRAINS, FRACTURES AND BRUISES FROM ENGAGING IN HIKING AND OTHER OUTDOOR ACTIVITIES. BY ACCEPTING THE 1ST PLACE PRIZE, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR FROM ANY AND ALL LIABILITY IN CONJUNCTION WITH USE OF THE CAMPGROUNDS TO THE FULLEST EXTENT ALLOWED BY LAW. (THIS IS IN ADDITION TO ANY RELEASE THAT MAY BE REQUIRED BY CAMPFIRE RANCH.)
Guest of winner (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) must complete, sign and return a Liability Release and a Publicity Release (where lawful) prior to issuance of travel documents.
If guest is a minor in his/her jurisdiction of residence, his/her parent or legal guardian must be the 1st Place Prize winner; if winner is a minor in his/her jurisdiction of residence, his/her parent or legal guardian must be his/her guest. If guest or winner is a minor, he/she must be accompanied by his/her parent or legal guardian at all times during stay at Campfire Ranch.
If winner decides to take trip without a guest (or if guest fails to timely complete/sign/return Liability and Publicity Release or if guest DOES sign the Release but is a “no show”), 1st Place Prize will be awarded in increments appropriate for a single traveler (i.e., the winner him/herself) and no alternate prize or compensation will be awarded.
If winner’s residence is within reasonable driving distance of Altmont, Colorado as determined by Sponsor in its sole discretion, Sponsor reserves the right to substitute ground transportation for air travel; and, in such case, no alternate prize or compensation will be awarded.
Winner and guest must act at all times in a courteous, well-behaved and respectful manner in conjunction with 1st Place Prize trip, including stay at Campfire Ranch. Without limitation, winner and guest must act in an appropriate manner toward guide as well as comply with all government mandates and policies of Campfire Ranch (and/or other prize suppliers) designed to prevent the spread of COVID-19/Coronavirus, including social distancing, mask-wearing, completion of health-related questionnaire in a truthful and forthright manner, taking a COVID-19/Coronavirus test (with the understanding that admission is conditioned on a negative result for same) or proof of vaccination against COVID-19/Coronavirus (if and as applicable). Failure to do so will result in immediate termination of trip with Sponsor having no liability to winner and/or guest (as applicable) under any legal theory.
Winner and guest will not receive any award points, frequent flier miles or similar “perks” in conjunction with prize travel. Sponsor has not obtained travel insurance of any kind on behalf of winner and guest; and, should such insurance be desired, securing same is the sole responsibility of winner and guest.
2nd & 3rd Place Prizes
The North Face gift cards are redeemable on-line at www.thenorthface.com (for U.S. residents), www.thenorthface.ca (for Canadian residents) and in-store (The North Face gift cards issued to Canadian residents are only redeemable at The North Face stores in Canada; The North Face gift cards issued to U.S. residents are only redeemable at The North Face stores in the U.S).
4th Place, 5th Place & 6th Place Prizes
Color of Base Camp duffel is of winner’s choice, subject to availability. Actual prize may differ from images of same in Contest advertising, with Sponsor disclaiming any and all liability in conjunction therewith.
In General
If winner is a minor in his/her jurisdiction of residence, Sponsor may award the prize in the name of or to the winner’s parent or legal guardian in its sole discretion.
No prize substitution or redemption for cash except by Sponsor due to unavailability of prize/prize component for any reason and then for prize/prize component of equal value. (The preceding excludes redemption of gift cards for cash value where required by applicable law.) Approximate Retail Value of 1st Place, 4th Place, 5th Place and 6th Place Prizes is shown in U.S. Dollars; 2nd Place and 3rd Place Prizes represent local currency of winner.) No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. Any and all applicable taxes are prize winner’s sole responsibility, including foreign withholding tax for winners who are Canadian residents. Winners of 1st Place and 2nd Place Prizes (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) further agrees to cooperate fully with Sponsor in its compliance with any and all applicable governmental reporting requirements. Any and all unspecified expenses in conjunction with prize acceptance and use are the winner’s sole responsibility; for 1st Place Prize winner, this includes cost of equipment rental and meals at Campfire Ranch as well as travel to and from departure airport.
10. Releases. Where legal, by accepting prize, winner (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees to the use of winner’s name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) releases and agrees to hold harmless Sponsor, TikTok Inc./TikTok Pte. Ltd., their respective parents, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability arising from the Contest. The preceding includes but is not limited to damage to desktop computer or mobile device (or information/data stored thereon) used by an individual to participate in the Contest.
11. Conditions of Participation. Employees, officers and directors of Sponsor, TikTok Inc./TikTok Pte. Ltd., their respective parents, affiliates, subsidiaries and agencies are not eligible to enter the Contest or win a prize. The computer of TikTok Inc./TikTok Pte. Ltd. is the official clock for the Contest. Sponsor is not responsible for entries/videos that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause, all of which are void; for technological, programming, electronic or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect (including, but not limited to, winner notification that is not timely received or received at all, for any reason). Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision. Tampering with the Contest as well as interfering with the intended operation of the Contest or seeking to defraud Sponsor in conjunction with its offering of the Contest will result in disqualification (if applicable); and, Sponsor may prohibit a person determined to be engaged in such activities from participation in future sweepstakes or contests sponsored by The North Face and/or pursue legal sanctions against such person. This promotion is not sponsored by TikTok Inc./TikTok Pte. Ltd which is not responsible for its contents.
12. FOR QUÉBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Regie des alcools des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.
13. Force Majeure. Subject to obtaining any required governmental approval, if Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., pandemic/epidemic, computer virus/bug, tampering, fraud, natural disaster, riot, strike), Sponsor may cancel, modify or suspend the Contest and make the prizes available to be won based on its evaluation of all eligible entries/videos received prior to and/or after the action taken by Sponsor or otherwise in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. In such event, Sponsor will post a notice to such effect on @thenorthfaceofficial and perhaps on www.thenorthface.com/thenorthface.ca.
14. Language. Should there be any inconsistency between the English language version of the Official Rules and the French translation of same, the English language version shall prevail, govern and control in all respects.
15. Dispute Resolution/Choice of Law. To the fullest extent permitted by law, you (if a minor in your jurisdiction of residence, your parent or legal guardian) agree that:
(a) any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of U.S. State of Colorado (i.e., without regard to choice of law/conflict of law rules of Colorado or of any other jurisdiction);
(b) you (if a minor in your jurisdiction of residence, your parent or legal guardian) are subject to the personal and exclusive jurisdiction of the United States District Court for the District of Colorado (Denver) or Colorado State court situate in Denver County, Colorado;
(c) you (if a minor in your jurisdiction of residence, your parent or legal guardian) waive any right of change of venue, inconvenient forum or the like;
(d) any action will be brought by you (if a minor in your jurisdiction of residence, your parent or legal guardian) individually (NOT as part of a class action);
(e) your recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) as well as any rights to any kind of equitable relief being expressly waived.
If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.