THE NORTH FACE XPLR PASS TRAIL DAYS OFFER
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, 18 years of age or older, who are members of the XPLR Pass Rewards Program (“Members”).** Employees of The North Face, AnyRoad Inc., their respective parent companies, subsidiaries, divisions and affiliates are not eligible. Void where prohibited by law.
**If you are not a Member, you may join the XPLR Pass Rewards Program contemporaneously with participation in the Offer. See the XPLR Pass Rewards Program Terms and Conditions at https://www.thenorthface.com/en-us/xplrpass/terms for full details.
1. HOW IT WORKS:
(a) Registration Procedure.
When prompted to do so on day of registration, go to https://www.thenorthface.com/en-us/xplrpass/trail-days. Select an XPLR PASS Trail Days Event (each, “Event”) from among the following locations and dates:
New York, New York
Next, reserve spot(s) for yourself and up to one (1) guest at the selected Event by completing and submitting a registration form including your name and email address (which must match the email address included in your XPLR Pass Rewards Program account). A Member may register only once for each Event.
Only a certain number of spots are available per Event. Once all spots for an Event have been filled, a notice to such effect will be posted on Website and eligible Members will be placed on a waiting list for that Event (“Waiting List”); see subsection (b) below for details.
After submission of registration, you will be notified via email whether you have successfully registered for an Event or have been placed on the Waiting List for that Event. In submitting a registration, you agree to Sponsor’s use of your name, image, photo, likeness and other indicia of your persona without compensation or further notice.
(b) Waiting List
Members will be included on the Waiting List for a given Event based on time of submission of registration form; i.e., earliest to latest.
Sponsor will ONLY notify Members as to their inclusion on the Waiting List if spot(s) become available for a given Event. Otherwise, Sponsor will not contact Members on the Waiting List.
Should spot(s) become available for a given Event, Members on the Waiting List will be notified via email as late as 48 hours prior to that Event. To receive spot(s), Member must confirm their interest in attending Event by responding to the email notification within as little as 24 hours prior to that Event. If Member on the Waiting List cannot be reached at such time for any reason, such Member’s spot(s) on the Waiting List will be forfeited without further notice or any liability to Sponsor or AnyRoad Inc.; and, Sponsor will proceed to attempt to contact the Member who was listed immediately below the Member whose spot(s) were forfeited, time permitting.
SPOTS AT EACH EVENT ARE OFFERED ON A FIRST COME-FIRST SERVED BASIS AND ARE NOT GUARANTEED. SPONSOR AND ANYROAD INC. DISCLAIM LIABILITY UNDER ANY LEGAL THEORY FOR MEMBERS WHO ATTEMPT TO REGISTER FOR AN EVENT BUT ARE UNABLE TO DO SO FOR ANY REASON.
Any such unfilled spots will not be awarded without liability of any kind to Sponsor or AnyRoad Inc.
2. RESTRICTIONS ON REGISTRATION:
(a) Registration will not be accepted if registration form is incomplete or otherwise defective as determined by Sponsor and AnyRoad Inc. in their sole discretion.
(b) Proof of transmission of registration form does not constitute proof of receipt of same or proof of registration or inclusion on Waiting List for an Event.
(c) Time will be kept by AnyRoad Inc.’s system, which will be used to determine whether all spots for a given Event have been filled as well as for implementation of the Waiting List.
(d) All decisions of Sponsor regarding this Offer and these Terms and Conditions are final and binding in all respects and are not subject to appeal.
(e) Any dispute as to the identity of Member or their guest will be resolved by Sponsor in its sole discretion.
(f) If using a mobile device to register, Member will be solely responsible for wireless Internet access charges and all other applicable fees. Be sure to check your wireless carrier’s rate plan before participating via mobile device. Not all mobile devices offer wireless Internet functionality; wireless Internet access may not be available in all areas.
(a) Each Event is scheduled to last approximately seven (7) hours (in addition to travel time to and from Event). Sponsor reserves the right to suspend, modify or re-schedule an Event due to pandemic/epidemic, inclement weather, government order/regulation, or other occurrence beyond Sponsor’s control (whether or not foreseeable.) Should Event be suspended/modified, Sponsor’s liability shall be limited to provision of Event in such altered form. Should Event be re-scheduled, Sponsor’s liability shall be limited to provision of Event on such new date (and if Member and/or guest is not available on such new date, Sponsor shall not have any liability of any kind.)
(b) Travel between residence of Member/guest and City of Event is NOT included. Ground transportation will be direct between pick-up point in City of Event and location of Event. To receive ground transportation, Member and guest must arrive at pick-up point in City of Event and designated area at Event location at prescribed times. Should Member and/or guest fail to do so, Member/guest must arrange for travel at their own expense without liability to Sponsor.
(c) Sponsor will determine specific food/non-alcohol beverages comprising catered lunch and snacks. It is the sole responsibility of Member to advise Sponsor of any dietary restrictions prior to Event. Sponsor will attempt to accommodate such dietary restrictions but disclaims any and all liability in conjunction therewith.
(d) Members/guests understand and agree that hiking features certain inherent risks/dangers which may result in injury even with their full compliance with all safety protocols and the participation of a guide. Risks include but are not limited to (i) slips and falls caused by rocks, uneven ground or otherwise; (ii) bites from ticks, insects and wild animals; (iii) over-exertion; (iv) dehydration; and (v) exposure to pop-up storms or other sudden changes in weather conditions. DO NOT REGISTER IF YOU ARE NOT COMFORTABLE IN ACCEPTING SUCH RISKS. In addition, to engage in hiking, a certain level of health and fitness is required. DO NOT REGISTER IF YOU DO NOT BELIEVE YOU ARE IN SUITABLE PHYSICAL CONDITION TO ENGAGE IN HIKING. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR MAKES NO WARRANTY, REPESENTATION OR GUARANTEE OF ANY KIND RELATIVE TO EVENT; THE PRECEDING INCLUDES BUT IS NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE.
(e) Participation in Event as either a Member or guest is conditioned on individual completing and signing a Waiver and Release, including the assumption of risk set forth in subsection (d) above; a release of any and all claims against Sponsor or AnyRoad Inc. in conjunction with participation in Event (including travel to and from Event), to the fullest extent permitted by law; and, a grant of publicity rights as to individual’s participation in Event without compensation or notice of any kind. The Waiver and Release will be provided to Member/guest on day of Event. REFUSAL TO COMPLETE AND SIGN THE WAIVER AND RELEASE AT THAT TIME WILL RESULT IN FORFEITURE OF OPPORTUNITY TO PARTICIPATE IN EVENT, WITH SPONSOR AND ANYROAD INC. DISCLAIMING ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH UNDER ANY LEGAL THEORY.
(f) Participation in Event as either a Member or guest is conditioned on an individual following all instructions of Sponsor and conducting themselves at all times in a respectful, appropriate and well-behaved manner. Without limitation, the preceding includes compliance with Sponsor’s policies and all applicable laws/regulations enacted to prevent the spread of COVID-19/Coronavirus, including mask-wearing, social distancing, providing proof of negative COVID-19/Coronavirus test or providing proof of vaccination against COVID-19/Coronavirus.
(g) Unspecified expenses and taxes incurred in conjunction with attending Event are the sole responsibility of Member/guest. Sponsor has NOT obtained any insurance in conjunction with Member or guest attending Event.
(h) If Member or guest fails to attend the corresponding Event for any reason, Sponsor and AnyRoad Inc. shall not have any liability of any kind.
4. ADDITIONAL CONDITIONS OF PARTICIPATION:
(a) Sponsor and AnyRoad Inc. are not responsible for technological, programming, electronic or other errors/malfunctions/failures which interrupt or interfere with the intended implementation of the Offer. The preceding includes but is not limited to any defect in the registration process and/or the implementation of the Waiting List; a Member/guest not timely receiving (or receiving at all) any email notification as to their participation in the Offer for any reason including due to classification of such e-mail notification as SPAM or “Junk;” if any such email notification is inaccessible, corrupted, delayed, jumbled, misdirected, stolen or otherwise invalid/irregular.
(b) If Offer cannot be conducted as originally planned in whole or in part due to any cause beyond Sponsor’s control (including pandemic/epidemic, civil commotion, riot, strike, governmental action, natural disaster, fraud or any other reason), Sponsor may cancel/suspend/modify Offer and make the spots for affected Event(s) available in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Terms and Conditions; notice of such action by Sponsor will be posted at the Website.
(c) Sponsor’s failure to enforce any provision of these Terms and Conditions is NOT a waiver of such provision.
(d) Any dispute or claim regarding the Offer will be resolved pursuant to the internal, substantive law of the State of Colorado. Any such dispute/claim must be resolved individually (not as part of a class action) in the federal or state courts situated in Denver, Colorado. Members and their guests 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 Offer (if any) with all damages or other forms of relief being expressly waived.
(e) 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.
(f) Any attempt to misrepresent one’s membership in the XPLR Pass Rewards Program, receipt of a registration for an Event or to otherwise defraud Sponsor as to their participation in the Offer constitutes tampering in violation of criminal and/or civil law and will result in disqualification from the Offer, cancellation of reserved spot(s) or place(s) on Waiting List (as the case may be) for Member and any guest (if applicable) with Sponsor and AnyRoad Inc. having no liability to such Member or associated guest under any legal theory. In addition, such individual’s membership in the XPLR Pass Rewards Program may be revoked as per Paragraph 11 of the Terms & Conditions of the Program.