THE NORTH FACE XPLR PASS NYAD x NETFLIX LIVE SCREENING SWEEPSTAKES
Terms and Conditions
NO PURCHASE NECESSARY.
Sponsor: The North Face, a division of VF Outdoor, LLC, 1511 Wewatta Street, Denver, CO 80202.
Open only to legal U.S. residents of New York, 18 years of age or older, who received the e-mail with the Sweepstakes message directly from Sponsor and are members of the XPLR Pass Rewards Program (“Members”) in full compliance with the Program’s Terms & Conditions as of 10/10/2023. Employees and independent contractors (including influencers/endorsers) of (a) The North Face, its parent company, subsidiaries, divisions, affiliates; (b) other sponsors of the Netflix Film Tour; or (c) any agencies/entities involved in the development, production or administration of the Sweepstakes including prize suppliers; and their immediate families and members of their same households are not eligible to enter or win a prize. For clarity, managers and associates at The North Face Full Price Retail Store on Fifth Avenue in New York City [510 Fifth Ave] (“5th Ave TNF Store”), as well as their immediate families and members of their same households, are not eligible. Sweepstakes is offered only in New York City, NY and is void elsewhere and where prohibited by law.
1. HOW IT WORKS:
(a) Sweepstakes begins on 10/12/2023 on or after 10:00 AM EST, when 5th Ave TNF Store opens. Sponsor will send the Sweepstakes message via e-mail to Members prior to opening. Go to the 5th Ave TNF Store. (Sweepstakes is not valid at any other The North Face Full Price Retail Store, at The North Face Outlet stores, at www.thenorthface.com or at third party retailers/e-tailers of The North Face products.) The 5th Ave TNF Store will take the names down of 30 members that will be contacted by Netflix to receive (1) pair of tickets each to the live screening of the Netflix film, scheduled for 10/18/2023 in New York City; the exact time and location of live screening will be indicated on email and instructed by Netflix in a follow up email to recipients. If you’re one of the first (30) eligible Members to check in with a store associate at the register at 5th Ave TNF Store, as verified by 5th Ave TNF Store personnel, and you show that store associate the e-mail with the Sweepstakes message, you will win one pair of tickets to Netflix’s special screening of NYAD, subject to your compliance with the prize claim procedure in Section 3 below. Upon award of all (30) pairs of tickets to Netflix’s special screening of NYAD, the Sweepstakes will end.
(b) In the unlikely event that fewer than (30) eligible Members check in at the 5th Ave TNF Store by 10/13/2023 at 8:00 PM EST (i.e., time of store closure), any remaining pairs of tickets will be awarded at random to the first eligible Members who approach 5th Ave TNF Store personnel at the register after such time (but prior to 8:00 PM EST on 10/18/2023). Any pairs of tickets remaining at 8:00 PM EST on 10/16/2023 will not be awarded via the Sweepstakes.
2. IMPORTANT RESTRICTIONS:
(a) To check in, you must provide to 5th Ave TNF Store personnel at the register valid proof of membership in the XPLR Pass Rewards Program, and show the e-mail that you received from Sponsor with the Sweepstakes message (either a print-out of the e-mail or on-screen on your mobile device). YOU ARE NOT REQUIRED TO PURCHASE ANYTHING AT THE 5TH AVE TNF STORE IN ORDER TO CHECK IN NOR WILL MAKING A PURCHASE AT THE 5TH AVE TNF STORE IN ANY WAY INCREASE YOUR CHANCES OF WINNING A PAIR OF TICKETS. Award of ticket prize is made contingent upon 5th Ave TNF Store personnel’s determination that individual is a member of XPLR Pass Rewards Program, otherwise eligible and in full compliance with these Terms and Conditions. Failure to provide valid proof of membership in XPLR Pass Rewards Program, failure to show e-mail with Sweepstakes message or if 5th Ave TNF Store personnel determine in their sole discretion that proof of membership and/or receipt of e-mail with Sweepstakes message is incomplete or otherwise inadequate will result in disqualification with Sponsor not providing tickets and having no other liability or obligation to such individual under any legal theory. In such case, the corresponding pair of tickets will be awarded to the next eligible Member who checks in at the 5th Ave TNF Store. The decisions of Sponsor (including 5th Ave TNF Store personnel) are final and binding in all respects and are not subject to appeal.
(b) E-mail with Sweepstakes message is good only for original recipient of same and is not transferable. Any attempted use of e-mail with Sweepstakes message by someone other than original intended recipient of same is void and constitutes tampering as discussed in subsection (c) below. Any dispute as to the identity of Member will be resolved by 5th Ave TNF Store personnel in their sole discretion.
(c) Any attempt to misrepresent one’s membership in the XPLR Pass Rewards Program, receipt of the e-mail with Sweepstakes message from Sponsor or to otherwise defraud Sponsor/5th Ave TNF Store personnel as to participation in Sweepstakes constitutes tampering in violation of criminal and/or civil law and will result in disqualification with Sponsor not providing the tickets and having no other liability or obligation to such individual under any legal theory.
(d) Acting in an inappropriate, belligerent or anti-social manner toward 5th Ave TNF Store personnel, customers or any other persons will result in disqualification with Sponsor not providing tickets and having no other liability or obligation to such individual under any legal theory. The preceding includes but is not limited to arguing with 5th Ave TNF Store personnel as to one’s membership status in the XPLR Pass Rewards Program and/or his/her/their eligibility to receive tickets and/or one’s refusal to comply with Boulder TNF Store policies and/or applicable federal, state and local laws as to the prevention of the transmission of COVID-19/Coronavirus (e.g., social distancing and face covering requirements; provision of proof of vaccination status and/or negative COVID-19/Coronavirus test.)
(e) If an individual is disqualified as per subsections (c) or (d) above, in addition to any other remedies available to Sponsor, such individual’s membership in the XPLR Pass Rewards Program will be revoked as per Paragraph 10 of the Terms & Conditions of the Program (if applicable).
3. PRIZE/PRIZE CLAIM PROCEDURE:
(30 Prizes): A pair of tickets to the live screening of NYAD. Approximate Retail Value: $19.99 each.
(a) Winner will be required to sign documentation confirming prize receipt as a condition of prize award. If winner fails to do so or declines prize altogether, the next eligible Member to check in at the register at the 5th Ave TNF Store will instead receive the corresponding prize.
(b) Winner must take possession of prize at time of prize award (i.e., immediately following completion of verification procedure). Prizes will NOT be held or stored for winners. Once provided to winner, winner becomes solely responsible for the safekeeping of prize and if lost, damaged or stolen, it will not be replaced and Sponsor shall have no liability in conjunction therewith under any legal theory. If ticket(s) is unused for any reason, Sponsor shall have no liability in conjunction therewith under any legal theory.
(c) Tickets are subject to terms and conditions of use as indicated thereon, including holder’s agreement to conduct him/herself in an appropriate, respectful and courteous manner when attending live screening of NYAD. Tickets are good only for winner and his/her guest and are not intended for re-sale. Admittance to live screening may be conditioned upon provision of proof of COVID-19/Coronavirus vaccination status or negative COVID-19/Coronavirus test, as well as compliance with social distancing, mask-wearing and other applicable governmental regulations and policies of venue hosting the live screening.
(d) Limit one (1) prize per Member in this Sweepstakes. No prize substitution except by Sponsor due to unavailability of prize for any reason and only then for prize of equal or greater value. Prize is NOT redeemable or exchangeable by winner for cash. Prize is not transferable. Applicable taxes on prize and unspecified expenses related to acceptance/use of prize (including travel to and from venue hosting NYAD screening) are winner’s sole responsibility.
(e) Odds of winning depend on the number of eligible Members who patronize the 5th Ave TNF Store and when a given eligible Member visits the 5th Ave TNF Store as compared to other eligible Members.
4. ADDITIONAL CONDITIONS OF PARTICIPATION.
(a) By accepting a prize, where legal, winner agrees to the use of his/her name, voice, likeness and image for advertising/trade/publicity purposes by Sponsor and its designees without further compensation or notice. Winner further agrees to assist Sponsor and its designees in securing a similar agreement from the individual attending Netflix’s NYAD screening as the winner’s guest.
(b) By participating, entrant releases and agrees to hold harmless The North Face, its parent company, subsidiaries, divisions, affiliates, and any agencies/entities involved in the development, production or administration of the Sweepstakes, including prize suppliers; the directors, officers, employees and agents of any of the above organizations; from any and all liability arising from the Sweepstakes or the receipt, acceptance, use or misuse of prize (if applicable).
(c) Sponsor is not responsible for technological, programming, electronic or other errors/malfunctions/failures which interrupt or interfere with the intended implementation of the Sweepstakes. The preceding includes but is not limited to a Member not timely receiving (or receiving at all) the e-mail with Sweepstakes message for any reason.
(d) If Sweepstakes cannot be conducted as originally planned at 5th Ave TNF Store due to any cause beyond Sponsor’s control (including 5th Ave TNF Store operating for reduced hours or being closed altogether, due directly or indirectly, in whole or in part, to the COVID-19/Coronavirus pandemic/epidemic, civil commotion, riot, strike, governmental action, natural disaster, fraud or any other reason), Sponsor may cancel/suspend/modify Sweepstakes and make prizes available in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules; notice of such action by Sponsor will be posted at the 5th Ave TNF Store to the extent feasible and on www.thenorthface.com.
(e) Sponsor’s failure to enforce any provision of these Official Rules is NOT a waiver of such provision.
(f) Any dispute or claim regarding the Sweepstakes will be resolved pursuant to the internal, substantive law of the State of New York. Any such dispute/claim must be resolved individually (not as part of a class action) in the federal or state courts situated in New York City, NY. Participants agree to the exclusive personal jurisdiction of such courts, waiving any right of inconvenient forum, change of venue or the like. An individual’s recovery in any such dispute/claim shall be limited to his/her/their actual costs in participating in the Sweepstakes (if any) with all damages or other forms of relief being expressly waived.
(g) If any provision of these Terms and Conditions 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 Terms and Conditions.
5. WINNERS’ LIST. For names of winners, mail a self-addressed stamped envelope to: Sponsor at the above address, ATTN: TNF LOYALTY – XPLR PASS NYC NYAD x NETFLIX LIVE EVENT TICKET WINNER LIST REQUEST. Winners’ list will be available after October 18, 2023. Winners’ list requests must be received by October 19, 2023.