The North Face VIPeak Rewards Canada Contest
Sponsored by: The North Face, a division of VF Outdoor, LLC, Alameda, CA 94502 USA.
NO PURCHASE NECESSARY.
1. Contest Period. Contest begins April 6, 2016 at 12:01 a.m. Pacific Time and ends July 3, 2016 at 11:59:59 p.m. Pacific Time.
2. Eligibility. Open only to legal residents of Canada, who are the age of majority or older in their province/territory of residence. Employees, officers, directors of Sponsor, The Banff Centre, their respective parent companies, affiliates, divisions, subsidiaries and agencies are not eligible to enter or win the prize. (For the avoidance of doubt, volunteers and unpaid student interns at The Banff Centre ARE eligible for the Contest.) Void outside Canada; void where prohibited by law. By participating in the Contest, you agree to abide by and be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.
**(The purchase of Sample Sale items at The North Face Outlet stores will not result in earning points in the Program.)
To enroll in the Program:
(a) Create an account at www.thenorthface.com by clicking on “My Account” at the top of the home page. Then, provide your name, e-mail address and other required information, as well as indicating that you wish to be a Program member (If you already have an account at www.thenorthface.com, simply indicate that you wish to be a Program member);
(b) At any The North Face store or The North Face Outlet store, provide your name and e-mail address and indicate that you wish to become a Program member; or
(c) At the official The North Face Facebook page at www.facebook.com/thenorthface, you may be given the option of providing your name and e-mail address and indicating that you wish to become a Program member.
If enrolling in the Program via methods (b) or (c) [if applicable], in order to receive full Program benefits, you must confirm via e-mail your decision to become a Program member. When confirming such decision, you must create an account at www.thenorthface.com (if you have not done so already).
At the time of enrollment, you will also be asked whether (or not) you wish to receive promotional e-mails from The North Face. Your decision whether (or not) to opt-in to receive promotional e-mails/updates will not affect your ability to enroll in the Program and enter the Contest or your odds of winning the prize in the Contest. Promotional e-mails/updates address topics OTHER THAN Program activity (and the Program generally).
To remain enrolled in the Program, however, you MUST agree to receive transactional e-mails and updates from The North Face regarding Program activity (and the Program generally). By way of example, transactional e-mails/updates include information about Program Peak Points and Reward Certificates, Program updates, and other related materials at the discretion of The North Face.
Persons who enroll in the Program after the conclusion of the Contest Period will not be entered in the Contest.
4. Entry Restrictions. Limit of ONE (1) entry/enrollment in the Program per person. Use of any artifice or device to attempt to enter/enroll in the Program more than once will result in disqualification of all entries as well as expulsion from the Program. Confirmation of enrollment in the Program merely indicates that a person's entry has been received, but does not constitute any representation as to the eligibility of such person for the Contest nor is it binding upon Sponsor in any other respect. Entry/enrollment information must be manually key-stroked. Use of automated or programmed means of Program enrollment/entry will result in disqualification and expulsion from the Program. Any dispute as to the identity of the entrant selected in the random drawing (as per Rule 5 below) will be resolved by Sponsor in its sole discretion, based on Sponsor’s determination of who is the registered owner of the e-mail address submitted at the time of enrollment in the Program.
5. Random Drawing. One entrant will be selected in a random drawing, to be conducted by Sponsor at its offices in Alameda, California USA, on July 13, 2016 at 10:00 a.m. Pacific Time. The drawing will consist of all eligible entries received (i.e., all enrollments in the Program from eligible persons as per Rule 2 above during the Contest Period). The entrant selected in the drawing will be notified via e-mail and must correctly answer a time-based mathematical skill-testing question without assistance of any kind. The selected entrant will only be declared to be the potential prize winner if Sponsor determines in its sole discretion that he/she has correctly answered the skill-testing question within the designated time period. The potential prize winner must complete, sign and return an Declaration of Eligibility, a Liability Release and a Publicity Release (where lawful) within five (5) days of prize notification. To receive the prize, the winner must still be enrolled in the Program and his/her Program membership must be in good standing pursuant to the Terms and Conditions of the Program at the time of prize award (all as determined by Sponsor in its sole discretion); cancellation of Program membership or termination of Program membership by Sponsor for any reason at any time prior to prize award will result in disqualification from the Contest and prize forfeiture without compensation of any kind. In the event of noncompliance with the Declaration/Release requirement, or if selected entrant (or potential prize winner) cannot be reached for any reason or if potential prize winner is determined to be ineligible or otherwise in violation of these Official Rules, he/she shall be disqualified and forfeit the prize (or, in the case of selected entrant, the opportunity to answer the skill-testing question and perhaps become the potential prize winner) without compensation of any kind. In case of prize forfeiture, an alternate entrant will be selected from among all remaining eligible entries received for the drawing. Such alternate entrant must also correctly answer the skill-testing question in order to be declared the potential prize winner and, in such case, must timely complete, sign and return the Declaration/Release as set forth above in order to receive the prize.
6. Prize/Odds of Winning. (1) – trip for winner and one (1) guest to the 2016 Banff Mountain Film and Book Festival in Banff, Alberta, November 4 – 6, 2016. Trip consists of roundtrip coach air travel from major commercial airport near winner’s residence to Calgary, Alberta; standard hotel accommodations (double occupancy) for 4 days/3 nights at The Banff Centre's Professional Development Centre; (2) tickets to the 3 final days of the 2016 Banff Mountain Film and Book Festival (“Festival”). Total ARV of Prize: $2000. Should actual value of prize be less than stated ARV, winner will not receive the difference in cash (or otherwise). Trip must be taken on dates specified by Sponsor so as to attend the final (3) days of the Festival; November 4- 6, 2016; if winner is not available on such dates, prize will be forfeited and an alternate entrant selected as per Rule 5 above. Winner and guest must travel together on same itinerary as set by Sponsor in its sole discretion. Guest of winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must sign and return a liability release and a publicity release (where lawful), prior to issuance of travel documents. If guest is a minor, he/she may only accompany his/her parent or legal guardian (i.e., the prize winner) on the trip. Valid photo identification is required for prize travel. Trip is subject to availability and other restrictions. If winner’s residence is within reasonable driving distance of Banff, Alberta (as determined by Sponsor in its sole discretion), he/she will receive ground transportation instead of air travel; and, winner will not receive any substitute prize or compensation in conjunction with such substitution. Should winner elect to travel to the Festival without a guest, he/she will receive the prize in increments appropriate for a single traveler, including only one (1) ticket to the final (3) days of the Festival; and, winner will not receive any substitute prize or compensation in conjunction therewith. Winner and guest must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner; failure to do so will result in immediate termination of trip for winner and/or guest and Sponsor shall have no further liability or obligation to winner/guest. Festival tickets are subject to terms and conditions of use as indicated thereon; additional requirements of The Banff Centre may apply to Festival attendance. Any expenses related to acceptance and use of prize which are not specified in these Official Rules as well as any applicable taxes on prize are winner's sole responsibility. Such taxes expressly include but are not limited to U.S. Foreign Withholding Tax. No prize substitution except by Sponsor if advertised prize/prize component is unavailable for any reason, and only then for prize/prize component of comparable value. Prize is not redeemable or exchangeable for cash. Prize is not transferable without the express written consent of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind.
Odds of winning depend on the total number of eligible entries received for the drawing.
7. Releases. To the fullest extent permitted by law, by accepting prize, winner agrees to use by Sponsor and its designees of his/her name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes without further compensation or notice. By participating, entrant releases and agrees to hold harmless Sponsor, The Banff Centre, their respective parent companies, affiliates, divisions, subsidiaries and agencies, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook, Inc., from any and all liability arising from the Contest.
8. Limitations of Liability. Sponsor’s computer is the official clock for the Contest. Sponsor assumes no responsibility for (a) any incomplete, incorrect or inaccurate information, whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site and/or Program enrollments/entries; (c) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to entrant’s or to any person’s computer (or any information/materials stored therein) related to or resulting from downloading materials from any web site or participating in the Contest; and (d) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions/Program enrollments/entries regardless of cause (all of which are void). Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision. In the event of any inconsistency between the English language and the French translation of these Official Rules, the English language version shall prevail, govern and control in all respects. Tampering with the Contest in any manner will result in disqualification (if applicable) as well as expulsion from the Program; Sponsor may also otherwise seek to protect its rights to the full extent allowed by law. Tampering includes but is not limited to abuse of the Program as set forth in Section 6E of the Terms and Conditions of the Program. If Sponsor determines in its sole discretion that the Contest cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud, natural disaster), then subject to any approval that may be required from the Régie des alcools, des courses et des jeux, Sponsor may cancel, modify or suspend the Contest and select an entrant (who will be asked the mathematical skill-testing question which, if answered correctly, will result in such selected entrant being the potential prize winner) from among all eligible entries received prior to the action taken by Sponsor or otherwise make the prize available to be won in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. Notice of such action will be posted on www.thenorthface.com. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
9. For Québec Residents. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
10. Dispute Resolution/Choice of Law. To the fullest extent permitted by law, you agree that:
(a) any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of the U.S. State of California (i.e., without regard to choice of law/conflict of law rules of California or of any other jurisdiction);
(b) you are subject to the personal and exclusive jurisdiction of the courts of the United States District Court for the Northern District of California or California state court situate in Alameda County, California;
(c) you waive any right of change of venue, inconvenient forum or the like;
(d) any action will be brought by you 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) being expressly waived.
11. Winner's List. For the name and address (city/province or territory) of winner, send a request via e-mail to email@example.com with “TNF VIPeak Rewards Canada Winner” in the subject line for receipt by July 22, 2016 by 8:00 a.m. Pacific Time. Winner's list will be available after August 31, 2016. Do not use this e-mail address for other than the specified purpose (including but not limited to the submission of entries). Sponsor will not respond to such mislabeled communications.