THE NORTH FACE XPLR PASS JIMMY CHIN “THERE AND BACK” 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 residents of the United States, 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 11:59 AM MST on December 2, 2021. Employees and independent contractors (including influencers/endorsers) of The North Face, its parent company, subsidiaries, divisions, affiliates, or of any agencies/entities involved in the development, production or administration of the Sweepstakes; 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 Stores (“TNF Stores”), as well as their immediate families and members of their same households, are not eligible. Void where prohibited by law.
1. HOW IT WORKS:
(a) Sweepstakes begins on 12/7/2021 on or after 7:00 AM MST, when Sponsor sends the Sweepstakes message via e-mail to Members. Go to any TNF Store in the U.S. (Sweepstakes is not valid at TNF Stores located outside the U.S., at The North Face Outlet stores, at www.thenorthface.com or at third party retailers/e-tailers of The North Face products.) Each TNF Store has received one (1) copy of Jimmy Chin’s new book “There and Back: Photographs from the Edge” documenting Mr. Chin’s adventures and expeditions over the course of (20) years (“Book”). If you’re the first eligible Member to check in with a store associate at the register of a given TNF Store, as verified by TNF Store personnel, and you show that store associate the email you received with the email about this offer, you will win that TNF Store’s copy of Book, subject to your compliance with the prize claim procedure in Section 3 below. Upon award of its copy of Book, the Sweepstakes will end at that TNF Store.
(b) In the unlikely event that an eligible Member fails to check in at a given TNF Store by January 31, 2022 by the time that TNF Store closes for the day, that TNF Store’s Book will be awarded at random to the first eligible Member who approaches TNF Store personnel at the register after the designated date and time.
2. IMPORTANT RESTRICTIONS:
(a) To check in, you must provide to 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 TNF STORE IN ORDER TO CHECK IN NOR WILL MAKING A PURCHASE AT TNF STORE IN ANY WAY INCREASE YOUR CHANCES OF WINNING THAT TNF STORE’S BOOK. Award of Book prize is made contingent upon 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 TNF Store personnel determine in their sole discretion that proof of membership and/or receipt of e-mail with Sweepstakes messages is incomplete or otherwise inadequate will result in disqualification with Sponsor not providing Book and having no other liability or obligation to such individual under any legal theory. In such case, Book will be awarded to the next eligible Member who checks in at that TNF Store. The decisions of Sponsor (including TNF Store personnel) are final and binding in all respects and is 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 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/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 Book 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 TNF Store personnel, TNF Store customers or any other persons will result in disqualification with Sponsor not providing Book and having no other liability or obligation to such individual under any legal theory. The preceding includes but is not limited to arguing with TNF Store personnel as to one’s membership status in the XPLR Pass Rewards Program and/or his/her/their eligibility to receive Book and/or one’s refusal to comply with 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:
(55 Prizes in total; 1 Prize per The North Face Full Price Retail Store): Jimmy Chin’s new book, “There and Back: Photographs from the Edge.” Approximate Retail Value: $50.00 each. Total Approximate Retail Value of All Prizes: $2,750.
(a) Book will be awarded in hard-cover format. 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 that TNF Store will instead receive that TNF Store’s 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.
(c) Limit one (1) prize per Member. 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 are winner’s sole responsibility.
(d) Odds of winning depend on the number of eligible Members who patronize a given TNF Store and when a given eligible Member visits a given TNF Store as compared to other eligible Members.
4. ADDITIONAL CONDITIONS OF PARTICIPATION.
(a) By accepting the 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.
(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; the directors, officers, employees and agents of any of the above organizations; the management and representation of Jimmy Chin (as well as Mr. Chin personally); from any and all liability arising from the Sweepstakes or the receipt, acceptance, use or misuse of prizes (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 one or more TNF Stores due to any cause beyond Sponsor’s control (including a 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 prize(s) available for such affected TNF Store(s) 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 affected TNF Store(s) 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 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. 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 JC BOOK WINNER LIST REQUEST. Winners’ list will be available after February 28, 2022. Winners’ list requests must be received by March 31, 2022.