THE NORTH FACE XPLR PASS TRAIL DAYS SWEEPSTAKES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
Grand Prize is an invitation for winner and one guest to attend a The North Face XPLR Pass Trail Days Event outside of one of the following cities: Los Angeles, CA - April 23, 2022; New York, NY - May 7, 2022; Philadelphia, PA - May 21, 2022; Denver, CO - June 4, 2022 (each defined as an “Event City” or collectively “Event Cities”). Travel to Event City and lodging NOT included.
1. Eligibility: The North Face XPLR Pass Trail Days Sweepstakes ("Sweepstakes" or “Promotion”) is open only to legal residents of fifty (50) United States and Washington, D.C who are at least eighteen (18) years of age (or age of majority in their jurisdiction of residence, whichever is older).
The following persons are NOT eligible:
(a) Employees, officers, directors and independent contractors of The North Face, a division of VF Outdoor, LLC ("Sponsor"), Probability LLC ("Administrator"), AnyRoad Inc., any entities in any way associated with the design/development/implementation of The North Face XPLR Pass Trail Days Events, their respective parent companies, divisions, subsidiaries and affiliated companies;
(b) the immediate families (defined as parent, child, sibling, spouse), regardless of where they live, of such employees/officers/directors/independent contractors;
(c) the members of the same household, whether related or not, of such employees/officers/directors/independent contractors;
(d) individuals whose membership in XPLR Pass was terminated by Sponsor due to engaging in prohibited conduct; and
(e) individuals who are otherwise not eligible to participate in XPLR Pass (including unauthorized resellers of The North Face products).
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s/Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: The North Face, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202.
3. Administrator: Administrator: Probability LLC, 2 Woodstock Meadows Ln, Woodstock, NY 12498.
4. Sweepstakes Schedule: The Sweepstakes begins at 3:01 a.m. Eastern Time ("ET") on Tuesday, March 8, 2022 and ends at 11:59:59 p.m. ET on Thursday, March 31, 2022 ("Promotion Period”). AnyRoad Inc.’s computer is the official clock for this Promotion.
5. Sweepstakes Entry: There are two (2) ways to enter this Promotion.
A. Entry via Website
During the Promotion Period navigate the internet to www.thenorthface.com/featured/international-womens-day.html (the "Website") where you can enter the Sweepstakes. When prompted, complete the entry form in its entirety including Event City selection (from among Los Angeles; New York; Philadelphia; Denver) and check the box indicating whether you are already a member of the XPLR Pass Program (defined below) or not. If you are not yet a member, you will also be asked to register for XPLR Pass. To enter without registering for XPLR Pass, please see alternate method of entry below (Section 5B). Registering for XPLR Pass is free.
Registration for The North Face XPLR Pass Rewards Program ("XPLR Pass") is subject to its Terms (available at https://www.thenorthface.com/xplrpass/terms.html). You are strongly advised to review the Terms BEFORE registering for membership in XPLR Pass and entering the Sweepstakes.
Carefully read the Sweepstakes Official Rules and the Terms of XPLR Pass, then click the corresponding check boxes signifying that you have read, fully understand and agree to these Official Rules and the XPLR Pass Terms.
To submit your entry (each an "Entry", collectively, “Entries”), click the "Submit" button on the Sweepstakes page. Proof of inputting information at the Website is not considered proof of delivery to or receipt by Sponsor or Administrator. Receipt of Entry may be acknowledged but such acknowledgment does not constitute a representation by Sponsor or Administrator as to eligibility of entry and is not otherwise binding upon Sponsor or Administrator.
IF YOU DO NOT CHECK THE BOX/BOXES INDICATING YOUR AGREEMENT TO THE XPLR PASS TERMS AND/OR THE SWEEPSTAKES OFFICIAL RULES (AS APPLICABLE), YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE SWEEPSTAKES OR WIN A PRIZE.
B. Entry via E-Mail
Alternate Method of Entry: To enter the Sweepstakes without signing up to become an XLPR Pass member, send an email to email@example.com with the subject line “XLPR Pass Trail Days Entry” and include your first name, last name, email address, full mailing address, phone number, date of birth, and Event City selection (from among Los Angeles; New York; Philadelphia; Denver). E-mail must be received by end of Promotion Period to be eligible.
All Entries must be received no later than 11:59:59 p.m. ET on March 31, 2022.
Message and data rates may apply to use of mobile device for Entry. Be sure to check your wireless carrier’s pricing plan before participating. Wireless internet access may not be available in all areas.
6. Additional Restrictions on Entry: BE CAREFUL IN SELECTING EVENT CITY ON YOUR ENTRY, BECAUSE IF YOUR ENTRY IS SELECTED AND YOU ARE CONFIRMED AS A PRIZE WINNER, YOU MUST ATTEND THE EVENT IN THAT EVENT CITY ON THE DESIGNATED DATE. Limit of one (1) Entry per person, per Event City for a total of four (4) Entries regardless of entry method. (For clarity, if entering via e-mail, a given Entry may only identify one (1) Event City selection.) Multiple entries in excess of this limitation or mass entry attempts from any person will void all such Entries and may result in revocation of membership in XPLR Pass (if applicable). Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified (and may result in revocation of XPLR Pass membership, if applicable). Entries that are late, lost, incomplete, garbled, corrupted, jumbled, misdirected, improperly recorded (or not recorded at all) or unintelligible for any reason, including, but not limited to, desktop computer/mobile device or network malfunction or congestion, are void and will not be accepted; the preceding includes e-mail Entries which are classified as “spam”/“junk,” or the delivery of which is delayed for any reason (as well as e-mail Entries which are undeliverable altogether.)
7. Random Drawing and Odds: Potential Winners will be selected in a series of random drawings (one  drawing per Event City) occurring on or about April 1, 2022 from among all eligible Entries received for each applicable Event City (i.e., eligible Entries which selected corresponding Event City). An Entry may only be eligible for the Event City selected thereon. The drawings will be conducted by Administrator, independent judging organization/administrator whose decisions are final and binding on all matters related to the Sweepstakes.
Odds of winning depend on the number of eligible Entries received for each Event City.
8. Winner Notification & Verification:
Potential winners will be notified by e-mail on or about the following days:
· Los Angeles, CA – April 9, 2022
· New York, NY– April 23, 2022
· Philadelphia, PA – May 7, 2022
· Denver, CO – May 21, 2022
To remain eligible for Sweepstakes, if a potential winner was an XPLR Pass member at the time of entry, the potential winner must still be a member of XPLR Pass at time of winner notification. Potential Winners will be sent a link via email and required to RSVP for both them and their guest in order to accept the prize and be able to attend the Event in the applicable Event City. Failure to respond/RSVP to the initial verification e-mail within two (2) days after notification or return of e-mail notification as undeliverable after three (3) attempts may result in disqualification. As part of RSPV process, potential winners will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and Indemnification (as applicable), a Publicity Release where allowed by law, as well as other documents that Sponsor may require (collectively the "Prize Claim Documents"). If the Prize Claim Documents are not returned to Administrator within the specified time period, or if any prize notification or prize is returned as non-deliverable, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or declines the prize for any reason prior to award, prize may be forfeited and potential winner may be disqualified and an alternate winner may be selected from all remaining eligible Entries received for the applicable Event City during the Promotion Period (time permitting).
In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized account holder of the e-mail account used to register for XPLR Pass or used to submit the Entry via e-mail (as the case may be). "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
9. Prizes and Approximate Retail Value ("ARV")
Grand Prize (Two Hundred  Winners/Fifty  Winners per Event City): Grand Prize winners will each receive an invitation for themself and one (1) guest to attend an XPLR Pass Trail Days Event ("Event") outside of the Event City selected by winner on his/her winning Entry (as listed below). Each Grand Prize XPLR Pass Trail Days Event includes: group transportation for winner and their guest from a designated location within the Event City to/from the XPLR Pass Trail Days Event, catered lunch and snacks, a hike, a musical performance and The North Face gift bag consisting of various items such as a The North Face hat, tote bag, hydration tabs, nutrition bar, sunscreen, tumbler, water bottle and bracelet. ARV of each Grand Prize: $278. Total ARV of All Grand Prizes: $55,600.
The Event Cities and dates are as follows:
· Los Angeles, CA (San Jacinto State Park via Palm Springs Aerial Tramway) – April 23, 2022
· New York, NY (Mohonk Preserve) – May 7, 2022
· Philadelphia, PA (Hickory Run State Park) – May 21, 2022
· Denver, CO (Winter Park, CO) – June 4, 2022.**
Travel to Event City and lodging NOT included. Grand Prize Winner is also solely responsible for any and all expenses/costs involved in acceptance and use of prize which are not specified herein. Upon verification, winner will be provided with a designated time and location to meet within corresponding Event City where they will board group transportation to the applicable Event as well as be dropped off after the Event ("Pick-Up/Drop-Off Point"). Travel time to/from Pick-Up/Drop-Off Point to corresponding Event ranges from 2-3 hours. Group transportation will be direct between Pick-Up/Drop-Off Point and Event without stops, except due to extraordinary circumstances; route between Pick-Up/Drop-Off Point and Event will be determined by Sponsor in its sole discretion. Should Grand Prize winner or guest choose to attend Event after its designated start time; leave Event prior to its designated end time; is not at the Pick-Up/Drop-Off Point at the designated time of departure; is not at the specified area of Event at the designated time of departure; or decide not to use group transportation in whole or part for any reason, Grand Prize winner/guest must do so at his/her sole expense (paying for costs of travel to/from Event) and no substitute prize or compensation will be awarded.
**Sponsor reserves the right to suspend or modify the Event or re-schedule the date of Event due to pandemic/epidemic, inclement weather, government order/regulation or other occurrence beyond Sponsor’s control (whether or not foreseeable). Should an Event be suspended or modified after commencement, Sponsor’s liability shall be limited to provision of Event in such truncated form and no substitute prize or compensation will be awarded. Should an Event be re-scheduled to a different date, Sponsor’s liability shall be limited to provision of the Event of such re-scheduled date and, if Grand Prize winner is not available on such re-scheduled date for any reason, Sponsor shall not have any liability to him/her under any legal theory. Should an Event be cancelled and NOT re-scheduled for any reason, Sponsor’s liability shall be limited to provision of a replacement prize of comparable value to Grand Prize winner. In all cases, Sponsor shall not have any liability to Grand Prize winner’s guest.
Each Event is expected to last from 7am-6pm local time (including travel to/from Pick-Up/Drop-Off Point and Event). DO NOT ENTER THE SWEEPSTAKES IF YOU ARE NOT AVAILABLE TO SPEND THE WHOLE DAY TRAVELING TO/FROM AND ATTENDING EVENT.
Winners must attend Event on the specified date (subject only to the exceptions noted above). If a Grand Prize winner is unable to attend an Event after they have already RSVP’d for any reason, the Grand Prize will be forfeited in its entirety and Sponsor will have no liability to the Grand Prize winner. Guest of each Grand Prize winner must be at least eighteen (18) years of age (or age of majority in their jurisdiction of residence, whichever is older) and will be required to sign a Guest Liability Release and Indemnification (as applicable), a Publicity Release where allowed by law. If a Grand Prize winner chooses not to bring a guest, Grand Prize will be awarded for one (1) person (i.e., the Grand Prize winner) with no substitute prize or compensation being provided.
Sponsor will determine in its sole discretion the specific food/beverage items comprising catered lunch/snacks. It is the sole responsibility of Grand Prize winner/guest to advise Sponsor at time of prize acceptance of any dietary restrictions. While Sponsor will endeavor to accommodate such dietary restrictions, Sponsor disclaims any liability under any legal theory should it be unable to do so for any reason or if Grand Prize winner/guest does not find catered lunch/snacks to his/her taste.
ALCOHOL BEVERAGES MAY BE AVAILABLE DURING THE CATERED LUNCH/SNACKS. SHOULD WINNER OR HIS/HER GUEST CHOOSE TO PARTAKE IN ALCOHOL BEVERAGES, WINNER/GUEST DOES SO ENTIRELY AT HIS OR HER OWN RISK, AND ASSUMES ALL RESPONSIBILITY FOR ANY ADVERSE CONSEQUENCES RESULTING THEREFROM. IN ALL CASES, RECEIPT OF ALCOHOL BEVERAGES IS MADE CONTINGENT UPON THE WINNER AND GUEST PROVIDING THE ALCOHOL BEVERAGE SERVER WITH VALID, GOVERNMENT-ISSUED PHOTO IDENTIFICATION ESTABLISHING THAT HE/SHE IS OF LEGAL DRINKING AGE AS WELL AS THE ALCOHOL BEVERAGE SERVER’S DETERMINATION IN HIS/HER INDEPENDENT, PROFESSIONAL JUDGMENT THAT THE WINNER/GUEST HAS NOT ALREADY CONSUMED TOO GREAT A QUANTITY OF ALCOHOL SO AS TO POSE A DANGER OR THREAT TO HIM/HERSELF OR OTHER PERSONS AND/OR THEIR PROPERTY. SHOULD ALCOHOL BEVERAGE SERVER DETERMINE IN HIS/HER INDEPENDENT, PROFESSIONAL JUDGMENT THAT IT IS NOT APPROPRIATE OR PRUDENT TO SERVE ALCOHOL BEVERAGES TO WINNER OR GUEST BECAUSE OF INVALID IDENTIFICATION FURNISHED BY WINNER/GUEST, PREVIOUS ALCOHOL CONSUMPTION BY WINNER/GUEST OR FOR ANY OTHER REASON (E.G., BELLIGERENT, AGGRESSIVE OR ANTI-SOCIAL BEHAVIOR BY WINNER/GUEST), NONE OF THE RELEASED PARTIES OR THE ALCOHOL BEVERAGE SERVER SHALL HAVE ANY LIABILTY TO WINNER/GUEST AS TO SAME; AND, IN SUCH CIRCUMSTANCE, SPONSOR AND ADMINISTRATOR (AS WELL AS ALCOHOL BEVERAGE SERVER) MAY TAKE ANY AND ALL NECESSARY AND APPROPRIATE ACTIONS SO AS TO PROTECT THEIR RESPECTIVE LEGAL RIGHTS, INCLUDING CONTACTING SECURITY PERSONNEL AND/OR THE POLICE.
Sponsor will determine in its sole discretion the musical performer at Event. All aspects of musical performance, including set list; whether (or not) performer will take audience requests; and duration of performance will be determined by Sponsor/musical performer in their sole discretion. Musical performer in his/her sole discretion may (or may not) pose for videos/photos (“selfies”) and/or autograph items for winners/guests. Recordation of musical performance without the prior written permission of authorized representatives of Sponsor and musical performer is strictly prohibited.
Grand Prize Winners and their guests understand and agree that hiking features certain inherent risks/dangers which may result in injury even with the participation of a guide and following all appropriate safety protocols. By way of example only, these risks include slips and falls caused by rocks, uneven ground or otherwise; bites from ticks, other insects and perhaps wild animals; over-exertion; dehydration; and exposure to pop-up storms or other sudden changes in weather conditions. YOU ARE ADVISED NOT TO ENTER THE SWEEPSTAKES IF YOU ARE NOT COMFORTABLE ACCEPTING SUCH RISKS SHOULD YOUR ENTRY BE SELECTED AND YOU ARE CONFIRMED AS A PRIZE WINNER.
A certain level of health and fitness is needed in order to participate in hiking. DO NOT ENTER THE SWEEPSTAKES IF YOU DO NOT REASONABLY BELIEVE THAT YOU ARE CAPABLE OF ENGAGING IN HIKING SHOULD YOUR ENTRY BE SELECTED AND YOU ARE CONFIRMED AS A PRIZE WINNER.
Grand Prize winners and their guests understand and agree that they must follow all instructions of Sponsor and/or Sponsor Representatives at the Event; this includes the third party providing group ground transportation to/from Event as well as a guide leading the hiking portion of the Event. Should Grand Prize winner and/or guest fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate behavior during group transportation, the musical performance, the hike or otherwise during the Event (as determined by Sponsor or Sponsor Representatives in their sole discretion), Sponsor reserves the right, without further notice or warning, to terminate their participation in the Event early and send Grand Prize winner and/or winner’s guest home and/or take other actions as Sponsor deem appropriate in their sole discretion without any liability or other obligation to winner or guest. (Should Sponsor decide to terminate Grand Prize winner and/or guest’s participation in the Event early, winner/guest may be responsible for the cost of transportation from Event to Pick-Up/Drop-Off Point.) Winners and guests to comply with governmental mandates, Sponsor or other third party requirements designed to prevent the spread of COVID-19 (such as, mask-wearing, social distancing, completion of health questionnaire). Participation in applicable activity/activities may also be conditioned upon provision of proof of a negative COVID-19 test or satisfactory proof of being fully vaccinated against COVID-19.
Style, color and size of gift bag items are subject to availability. No substitution, transfer or cash redemption of prize (in whole or in part) except with Sponsor's permission. Any images of prize/prize components in advertising are for illustrative purposes only and actual items awarded as prize/prize components may differ from such images for various reasons; and Sponsor and Administrator disclaim any and all liability in conjunction therewith. If for any reason prize becomes unavailable (in whole or in part), Sponsor may award a substitute prize of equal or greater value. Taxes, to the extent applicable, are the sole responsibility of winner.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND BY SPONSOR IS PROVIDED WITH THE PRIZE. THE PRECEDING INCLUDES BUT IS NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR THE INTENDED PURPOSE OR NON-INFRINGEMENT.
10. Entry Conditions and Release: By entering, each entrant releases and agrees to hold harmless Sponsor, Administrator, AnyRoad Inc., each of their respective parent companies, divisions, subsidiaries and affiliated companies, and all of their respective officers, directors, employees, agents, shareholders and representatives (collectively, the "Released Parties") from and against any and all claims, expenses and liability, including but not limited to negligence, damages, or injury of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, participation in the Promotion, acceptance or use or misuse of prize (if applicable); and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize (if applicable). Entrant agrees that, by entering the Promotion, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or the award of prize, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any), but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses (if any) as well as waiving any right to equitable relief.
11. Publicity: Except where prohibited, acceptance of prize constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or review/approval of any kind.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes or any part of it, if any fraud, technical failures, pandemic/epidemic, materials shortage, civil commotion, riot, strike, natural disaster of any kind or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor/Administrator in its sole discretion. In such event, to the extent feasible, Sponsor shall endeavor to conduct the Sweepstakes and select the prize winners for affected Event City random drawing(s) from among all eligible Entries received for each such affected Event City random drawing prior to and/or after the action taken by Sponsor (as appropriate) or otherwise in a manner which Sponsor/Administrator determines in its sole discretion is fair, appropriate and consistent with these Official Rules. Notification of such action by Sponsor will be posted on the Website. Sponsor reserves the right in its sole discretion to disqualify any individual Sponsor and/or Administrator find to be tampering with the procedure of participating in the Sweepstakes or the operation of the Sweepstakes, seeking to defraud Sponsor and/or Administrator as to membership in XPLR Pass (or otherwise) or to be acting in violation of these Official Rules or in an unsportsmanlike, belligerent, anti-social or disruptive manner, including as to compliance with health/safety measures designed to stop the transmission of COVID-19/Coronavirus. Sponsor’s/Administrator’s failure to enforce any term of these Official Rules in a given circumstance shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Promotion; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, (c) unauthorized human intervention in any part of the Sweepstakes, including but not limited to use of the Website or the transmission of e-mail communications; (d) technical or human error, which may occur in the administration of the Sweepstakes, or the processing of XPLR Pass memberships, e-mail communications and/or Sweepstakes Entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of prize.
If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Sweepstakes to the extent feasible; and, if not feasible, Released Parties shall not have any liability of any kind. No more than the stated number of prizes (i.e., 200 prizes in total, with 50 prizes per Event City) will be awarded.
14. Disputes; Choice of Law: Except where prohibited, entrants agree that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the award of the prize/determination of prize winners, shall be resolved pursuant to the internal, substantive law of U.S. State of Colorado (i.e., without regard to choice of law/conflict of law rules of the State of Colorado or of any other jurisdiction) in the United States District Court for the District of Colorado (in Denver) or Colorado State court situate in Denver, Colorado and you agree to the personal and exclusive jurisdiction of such courts as well as waiving any right of change of venue, inconvenient forum or the like.
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.
16. Winners’ List: For the names of Winners, you may mail a self-addressed, stamped envelope to: The North Face XPLR Pass Trail Days Sweepstakes Winners, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by June 30, 2022.