COLUMBIA SPORTSWEAR TITANIUM CHALLENGE II
OFFICIAL RULES
No Purchase Required to Enter or Win
Eligibility:
This Columbia Sportswear Company Fall 2007 Titanium Challenge II Contest is open only to individuals who (a) are legal residents of the fifty (50) United States or the District of Columbia or Canada (excluding the Province of Quebec), and (b) are eighteen (18) years of age or older at the time of entry. Employees of Columbia Sportswear Company and any of its affiliate companies, subsidiaries, agents, distributors/wholesalers, retailers and their advertising and promotional agencies, as well as the spouse, parents, siblings and children and household members of each such employee, are not eligible. The Titanium Challenge II Contest is subject to all federal, state, province, and local laws and regulations and is void in the Province of Quebec and where prohibited by law.
Sponsor:
The Titanium Challenge II Contest is sponsored by Columbia Sportswear Company ("Columbia"), 14375 N.W. Science Park Drive, Portland, Oregon 97229, U.S.A.
Agreement to Official Rules:
Your participation in the Titanium Challenge II Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Columbia, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
Entry Period:
The entry period for the Grand Prize begins on October 15, 2007 at 12:01 a.m. Pacific Time ("PT") and ends on January 31, 2008 at 11:59 p.m. PT (the "Entry Period"). The entry period for Interim Prizes are as follows: October 15 - October 29, 2007; October 30 - November 12, 2007; November 13 - November 26, 2007; November 27 - December 10, 2007; December 11 - December 24, 2007; December 25, 2007 - January 7, 2008; and January 8 - January 31, 2008.
How To Enter:
Visit www.columbia.com/titaniumchallenge during the Entry Period and complete the online entry form. After you have completed the entry form, confirmed eligibility and agreed to the Official Rules, you may submit a story that describes what makes you strong. Online entry into the Titanium Challenge II must be completed in a single, continuous session during the Entry Period. To qualify, your entry and related materials must:
5.1. Include a story of up to 125 words describing what makes you strong.
5.2. Include at least one photograph supporting your story.
5.3. Be truthful and originally created by you.
5.4. Not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
5.5. Not, in the sole discretion of Columbia, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Titanium Challenge II Contest as described in these Official Rules and related materials.
5.6. Not have been previously published, made publicly available in any manner whatsoever, or submitted in connection with any other contest or promotion.
There is a limit of three (3) entries per person, household, or Email address. Entries will be posted at www.columbia.com/titaniumchallenge for public review and comment. You are solely responsible for the equipment and internet access required to enter or participate in the Titanium Challenge II Contest. Columbia reserves the right to, in its sole discretion, restrict participation in the Titanium Challenge II Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason. Any attempted entry by any means except as permitted in these Official Rules is void. Columbia is not responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials; any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability; garbled or jumbled transmissions; service provider/internet/website/usenet accessibility or availability; traffic congestion; unauthorized human intervention; or inaccurate capture of any information or the failure to capture any information.
Judging:
6.1.
Interim Prizes.
Visitors to www.columbia.com/titaniumchallenge will be invited to comment on entries. During the week following each of the seven interim entry periods, entries received during the particular interim entry period will be evaluated by Columbia, based in part on visitor comments as well as the originality, uniqueness, and creativity of the story and supporting photograph(s). Columbia will select a potential interim prize winner, subject to verification as provided below. There is a limit of one interim prize per entrant or household during the Entry Period. Interim prize winners only will be eligible to win the Grand Prize.
6.2.
Grand Prize.
Between February 1, 2008 and February 28, 2008, all eligible entries received during the Entry Period (including entries that have been selected as an interim prize winner) will be evaluated by Columbia in consultation with Charlotte Moats or, if Charlotte Moats is not available for any reason, another representative selected by Columbia in its sole discretion. Each entry will be judged in part based on the originality, uniqueness, and creativity of the story and supporting photograph(s). Based on the results of this evaluation, a Grand Prize winner will be selected by Columbia.
6.3.
All Entries.
By participating in the Titanium Challenge II Contest, you agree that Columbia and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors as well as members of the general public have the right to, publicly and privately, (a) use, review, assess, critique, evaluate, score, verify and judge your entry in any manner they elect, and (b) control or restrict visitor qualification and the frequency, manner, and content of comments. Columbia's decisions are final and binding in all matters relating to the Titanium Challenge II Contest, including but not limited to entry eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed after three (3) attempts (and further attempts at Columbia's sole discretion), the prize is declined, or a potential winner is not eligible for award of a prize for any reason, an alternate potential winner will be chosen in accordance with these Official Rules.
Requirements of the Potential Winner:
Except where prohibited, potential winner will be required to complete and return an affidavit of eligibility (declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification. Potential winner may also be required to complete additional liability waivers required by third party service providers. Such liability waivers and these Official Rules will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Columbia and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party.
Prizes:
8.1.
One (1) Grand Prize:
7-day trip for two to Whistler, British Columbia, to ski with Charlotte Moats, including round-trip coach airfare from the major airport nearest winner's residence, 6 nights standard hotel accommodations, ground transportation between the airport and the hotel in Whistler, lift tickets, equipment rental and up to ten pieces each of Titanium® apparel and footwear for winner and designated friend during a one-year period. Approximate retail value: $10,000 U.S..
8.2.
Seven (7) Interim Prizes:
a parka or other item of Titanium® apparel. Approximate retail value: $300 U.S..
8.3.
Prize Conditions and Limitations.
Grand Prize winner and guest must be available during trip dates selected by Columbia in its sole discretion. Skiing portion of Grand Prize is subject to favorable weather conditions and may be postponed or cancelled for safety reasons, as determined by Columbia or third-party service providers in their sole discretion, without compensation or substitution. The category(ies), style(s), and color(s) of the products included in the Grand Prize and Interim Prize apparel packages, and the timing of the delivery of such products, will be determined by Columbia in its sole discretion. All expenses and costs not expressly listed in the prize descriptions above, including without limitation meals and ground transportation to departure airport, are the sole responsibility of the winners. Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Columbia, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Columbia in its sole discretion. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.
General Conditions:
Columbia reserves the right to cancel, suspend, and/or modify the Titanium Challenge II Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Titanium Challenge II Contest, as determined by Columbia in its sole discretion. In such event, Columbia reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Columbia's identification of the impairment. Entries generated by script, macro, robotic, programmed, or any other automated means will be disqualified. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Columbia reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Titanium Challenge II Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Titanium Challenge II Contest may be a violation of criminal and civil law, and, should such an attempt be made, Columbia reserves the right to seek damages from any such person to the fullest extent permitted by law. Columbia's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to the Titanium Challenge II Contest is subject to verification and/or auditing for compliance with the Official Rules, and you agree to cooperate with Columbia concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Columbia verification and/or auditing, in its sole discretion. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules, Columbia reserves the right to disqualify the entrant and remove the entry from the Titanium Challenge II Contest at any time.
Publicity:
Except where prohibited, by participating in the Titanium Challenge II Contest and regardless of whether you are the winner, you grant Columbia and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photographs, likeness, written and other entry materials, as well as additional photographs, video footage or other images that Columbia may take of you if you are a winner, in whole or in part, in any manner and for whatever purpose Columbia shall individually elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. If you are a winner, you agree to wear Columbia's branded outerwear and apparel as directed by Columbia during any trip, photo shoot or filming related to a Prize.
Privacy:
All personal information submitted by you as part of this Titanium Challenge II Contest will be shared with Columbia and its affiliates. Except as otherwise provided in the Official Rules and related materials, such information shall be treated in accordance with Columbia's privacy policy, accessible from www.columbia.com. By participating in the Titanium Challenge II Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits and releases, will be shares with Columbia's agents, representatives, and other third parties involved in the execution, administration, and hosting of the Titanium Challenge II Contest, and may be further publicized as described above. If there is a conflict between these Official Rules and the terms of Columbia's Privacy Policy, these Official Rules will govern.
Limitations of Liability; Disclaimer and Release:
The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Titanium Challenge II Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Titanium Challenge II Contest, or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Titanium Challenge II Contest or receipt of any prize. COLUMBIA AND EACH OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE TITANIUM CHALLENGE II CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE TITANIUM CHALLENGE II CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TITANIUM CHALLENGE II CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE TITANIUM CHALLENGE II CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY PARTICIPATING IN THE TITANIUM CHALLENGE II CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE TITANIUM CHALLENGE II CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Disputes:
Columbia reserves the right to make all decisions, in its sole discretion, arising out of or relating to the Titanium Challenge II Contest, and the decisions of Columbia are final and binding on all matters. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Titanium Challenge II Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Titanium Challenge II Contest, but in no event attorneys' fees; and (c) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Columbia in connection with the Titanium Challenge II Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon. You hereby submit to personal jurisdiction in the State of Oregon. By participating in the Titanium Challenge II Contest, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
Official Rules and Winners List:
A copy of the Official Rules will be posted on
http://www.columbia.com/titaniumchallenge
. You may obtain Titanium Challenge II Contest results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Columbia Sportswear Company, Attn: Titanium Challenge II Contest Marketing Team, 14375 N.W. Science Park Drive, Portland, OR 97229. Records may not be available beyond two years following Entry Period. Vermont residents may omit return postage for Official Rules requests.