THE NORTH FACE DESIGN CONTEST
Sponsored by: The North Face, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202 (“Sponsor” or “The North Face”)
NO PURCHASE NECESSARY. Open only to legal residents of the United States 16 years of age or older, who have a TikTok account prior to May 1, 2024. Offered only in the United States. Void where prohibited by law.
IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE (GENERALLY, UNDER THE AGE OF 18), YOU MUST OBTAIN THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST IN ORDER TO MAKE VALID ENTRIES.
- Contest Schedule. Contest begins May 1, 2024 at or after 12:00:01 a.m. Mountain Time (MT) and ends May 22, 2024 at 11:59:59 p.m. MT (“Contest Period”).
- Contest Theme. Create a video showcasing your proposed T-shirt logowear art design for next season’s The North Face product line (or “design”).
- Eligibility. Employees, officers and directors of VF Corporation (including The North Face, a division of VF Outdoor, LLC) or of any third party entity in any way involved in the design, development, implementation, administration of the Contest are not eligible to enter the Contest or win a prize. In addition, the immediate family members (defined as parents, children, siblings, spouse; regardless of where they live) and members of the same household (regardless of whether they are related or not) of ineligible employees/officers/directors are also ineligible.
- To Enter.
(a) Log into your public (not private) TikTok account and post your original video with your original design along with the hashtag #thenorthfacecontest.** Your video may only include one (1) design, cannot exceed sixty (60) seconds, and MUST include the Contest sound available at The North Face’s official TikTok account, @thenorthface. Contest sound cannot be modified or altered from its original form.
(b) Be sure to configure your TikTok privacy settings – including following @thenorthface 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 HASHTAG #thenorthfacecontest MUST BE INCLUDED IN THE POSTED VIDEO. USE OF THE HASHTAG SERVES TO DISCLOSE TO THE PUBLIC THAT YOUR ORIGINAL VIDEO (AND THE DESIGN INCLUDED THEREIN) 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.
- Entry Restrictions.
(A) All entries must be received by 11:59:59 p.m. MT on May 22, 2024.
(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 three (3) entries per person. Each video submitted must include a different design. DO NOT SUBMIT THE SAME DESIGN MULTIPLE TIMES. In addition, a given person may only use one (1) TikTok account to enter the Contest. Violation of the entry limit will result in only the initial entry (i.e., video featuring a design) 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 will be declared void and the person submitting such entries will be disqualified from the Contest.
(D) From cursory inspection of your video, your proposed design must be readily apparent to the viewer. The design must be accessible without searching for it. When creating a video, be sure to focus the viewer’s attention on the design.
(E) 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 of video/design or proof of entry in the Contest.
(F) Video (and the design included therein) must be created solely by the entrant individually him/herself with the sole exception of the Contest sound (with respect to the video). Joint, group, team or collaborative submissions will NOT be accepted. Without limiting the foregoing: (i) a minor cannot be assisted by a parent, legal guardian or other third party in the creation of their video; and (ii) entrants may under no circumstances use any form of artificial intelligence in creating their design, video or entry.
(G) Once submitted, a video or design cannot be modified, amended or supplemented by entrant.
(H) 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/video/design, Sponsor shall resolve such dispute by determining the entry/video/design 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 entity that issued same as per its official records.
(I) 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.
(J) Personal information provided when entering the Contest will be used in accordance with The North Face’s privacy policy which can be found at https://www.thenorthface.com/en-us/help/privacy. You (if a minor in your jurisdiction of residence, your parent or legal guardian) are advised to carefully review The North Face’s privacy policy prior to entering the Contest so as to understand how The North Face uses personal information.
- Additional Entry Restrictions- Content of Video and Design.
Video and design will NOT be eligible for Contest entry if Sponsor determines in its sole discretion that the video and/or design:
(A) is not entirely original (with the sole exception of 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 as part of your design or otherwise 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;
[ii] Please do NOT reference, depict or identify any other individuals in your design or video 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 or illegal conduct;
(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; and
(G) includes personally identifiable information (such as, complete name, telephone number or e-mail address) whether of yourself or someone else.
Sponsor shall determine in its sole discretion if a video/design 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/design/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 and the following The North Face trademarks (Reg. Nos. 983624 [“THE NORTH FACE”], 2097715 [“THE NORTH FACE” (and design comprised of 3 curved bands creating a half dome)], and 3630850 [design comprised of 3 curved bands creating a half dome]) [collectively, “The North Face IP”] solely for purposes of participation in the Contest as per these Official Rules. At all times, as between entrant (if entrant is a minor in their jurisdiction of residence, entrant’s parent or legal guardian) and Sponsor, Sponsor will be the sole owner of any and all rights in The North Face IP. Unless permission is expressly granted in writing by Sponsor, the preceding grant of rights in The North Face IP will automatically terminate at the end of the Contest; and, any continued use of The North Face IP 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 8 below.
- Grant of Rights in Design and Video.
In submitting a video featuring a design 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, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the video/design 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. in its social media platform, to the extent applicable. If you are determined to be a prize winner, the Artist Agreement referenced below supersedes this subsection.
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 design 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 (including but not limited to the design featured therein) 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 and design.
POSTED AND RE-POSTED VIDEOS (INCLUDING DESIGNS FEATURED THEREIN) REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY ENCOURAGING PERSONS TO PROVIDE A VIDEO WITH A PROPOSED DESIGN; AND, SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH THE CONTENT OF ANY SUCH VIDEO (OR ANY DESIGN FEATURED THEREIN) INCLUDING MONITORING, FILTERING OR MODERATING VIDEOS/DESIGNS. SPONSOR WILL NOT EDIT OR MODIFY VIDEOS/DESIGNS SUBMITTED FOR THE CONTEST IN CONJUNCTION WITH THE ADMINISTRATION OF THE CONTEST.
- Selection Of Winners.
(A) Sponsor will evaluate all eligible entries (videos with designs) using the following judging criteria, taking into account the age of the entrant:
- Originality of Design
- Visual Appeal of Design
- Quality of Tik Tok video.
The top three (3) entries are the potential prize winners, subject to the caveat that if a given entrant has multiple entries in the top three (3), they will only receive one (1) prize in the Contest.
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(s). The judging will take place on or about May 28, 2024.
Entrant (if a minor in their jurisdiction of residence, their parent or legal guardian) acknowledges that the results of the judging are confidential and proprietary information of Sponsor and expressly waive any right of review or inspection of same.
(B) Potential winners will be notified by direct message from @thenorthface. Potential winner (if a minor in their jurisdiction of residence, their parent or legal guardian) will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and sign an Artist’s Agreement addressing Sponsor’s use of prize winner’s design on The North Face apparel (see Rule 9 below), all within three (3) business days. In the event of noncompliance with these requirements, if potential winner cannot be reached for any reason (including failure to timely receive/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 @thenorthface) or if potential winner is determined to be ineligible or otherwise in violation of these Official Rules, they 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/designs received as set forth above.
- Prizes.
Prize (3) – The North Face prize pack comprised of one (1) Wawona 4 Tent, one (1) Base Camp Duffel, one (1)Pair of Base Camp Mule Shoes, one (1) Denali Jacket, one (1) Wawona Fuzzy Blanket, one (1) Borealis Backpack, one (1) Nuptse Jacket, one (1) Beanie and one (1) Brimmer Hat (Approximate Retail Value: $1500); and the prize winner’s design will be featured on select The North Face apparel next year, pursuant to agreement to the terms of the Artist’s Agreement as described in Rule 8 and as set forth in Rule 10.
- Prize Restrictions.
(A) In General.
Limit of one (1) prize per family, household or address. For The North Face prize pack element of the prize: (a) items comprising prize pack may be subject to availability as to size, color and otherwise; and (b) no prize substitution or redemption for cash except by Sponsor due to unavailability of prize pack (in whole or in part) for any reason and then for replacement prize/prize element of equal value. No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. Any taxes are prize winner’s sole responsibility. Winners (if a minor in their jurisdiction of residence, their parent or legal guardian) understands and agrees that their receipt of prize will be reported to the Internal Revenue Service as per applicable law and winner (if a minor in their jurisdiction of residence, their parent or legal guardian) agrees to fully cooperate with Sponsor in conjunction therewith including by completing and executing any and all necessary IRS Tax Forms. Any and all unspecified expenses in conjunction with prize acceptance and use are the winner’s sole responsibility.
(B) The North Face’s Use of Winner’s Design.
The terms of the Artist Agreement are incorporated herein by reference and made a part of these Official Rules; should there be any inconsistency between the Artist Agreement and these Official Rules, these Official Rules shall prevail, govern and control in all respects, except with regard to The North Face’s use of winner’s design, as to which the Artist Agreement shall prevail, govern and control in all respects.
The Artist’s Agreement shall provide that each winning design is licensed to The North Face for Sponsor’s exclusive use for a period of one (1) year following launch in the subsequent season, and such license to Sponsor shall be irrevocable, royalty-free, fully paid, worldwide, sublicensable, assignable, unrestricted as to any purpose, with no duty to account, for use of the winner’s design on select The North Face products and marketing and advertising as determined at Sponsor’s sole discretion.
As between winner (if a minor in their jurisdiction of residence, their parent/legal guardian) and The North Face, the license of the winning design to The North Face as set forth in the Artist’s Agreement shall encompass all of winner’s ownership rights in and to the design, including all trademark, copyright, or moral rights, which shall be licensed to The North Face for no consideration other than The North Face prize pack element of the prize. Any and all products or marketing or advertising materials produced during the license period shall be subject to a perpetual right of sale or resale by The North Face and its affiliates.
Winner (if a minor in their jurisdiction of residence, their parent/legal guardian) further understands and agrees that:
[i] they will not have any right of review or approval as to The North Face’s use of the design;
[ii] they will not receive a royalty payment of any kind in conjunction with sale of apparel or other product items bearing the design;
[iii] the design will be attributed to winner in a manner of The North Face’s sole determination and discretion, including the content and manner of display of such attribution; and
[iv] The North Face shall control any and all aspects of the processes of creation, development, manufacture, advertising and marketing the design, including but not limited to the type(s) of apparel items bearing the design, the markets in which such apparel items bearing the design are sold, the trade channels in which the apparel items bearing the design are sold, and the price at which apparel items bearing the design are sold.
- Releases.
Where legal, by accepting prize, winner (if a minor in their jurisdiction of residence, their 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 their jurisdiction of residence, their parent or legal guardian) releases and agrees to hold harmless Sponsor, TikTok Inc., 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.
- Conditions of Participation.
The computer of TikTok Inc. is the official clock for the Contest. Sponsor is not responsible for entries/designs/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. 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; however, the preceding shall not constitute the exclusive remedies available to Sponsor under such circumstances. This promotion is not sponsored by TikTok Inc. which is not responsible for its contents.
- Force Majeure.
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, governmental action including but not limited to any act of the U.S. Federal Government which bans, severely curtails or otherwise significantly affects the operations of the TikTok social media platform), Sponsor may cancel, modify or suspend the Contest and make the prizes available to be won based on its evaluation of all eligible entries/designs/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 @thenorthface and perhaps on www.thenorthface.com.
- 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 the 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 (in 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.
- Winners’ List.
For winners’ list, send a self-addressed stamped envelope to The North Face, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202, ATTN: THE NORTH FACE Marketing. Winners’ list requests must be received by June 5, 2024. Winners’ list will be available after July 1, 2024.