ARC’TERYX’S ALPINE ACADEMY PHOTO CONTEST (“the Contest”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. EACH PRIZE WINNER IS ONLY ELIGIBLE TO WIN ONE PRIZE IN THE CONTEST.
Sponsor: ARC’TERYX Equipment, a division of Amer Sports Canada Inc., 110-2220 Dollarton Hwy, North Vancouver, V7H 1A8 (“Sponsor”).
THIS CONSTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
Eligibility: The Contest is open only to permanent, legal residents of France, Switzerland, Germany, Austria, UK, Norway, Sweden and Spain ; who are at least nineteen (19) years old at the time of entry, have internet access as of June 1, 2021 and have an Instagram account. Employees of ARC’TERYX and any of its respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor which are final and binding in all matters related to the Contest.
Timing: The Contest begins on June 1 at 08:00 a.m. Pacific Standard Time and ends on June 7, 2021 at 11:59:59 p.m. PST (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter: To enter the Contest, during the Promotion Period, log into Instagram and upload a picture on Instagram and tag ARC’TERYX’s Instagram account, ARC’TERYX, or direct message ARC’TERYX’s Instagram account, ARC’TERYX, and share your favorite ARC’TERYX ALPINE ACADEMY PICTURE from your Instagram with the hashtag #10YearsAlpineAcademy. NOTE – ONLY YOUR ORIGINAL PICTURES OF CHAMONIX AREA WILL BE ELIGIBLE TO WIN. THERE IS NO PURCHASE REQUIRED TO SUBMIT A PICTURE.
ONLY ONE ENTRY BY ANY ELIGIBLE ENTRANT WILL BE ELIGIBLE TO WIN A PRIZE. ANY ADDITIONAL ENTRIES BY A USER WILL BE DISQUALIFIED.
Entries including any obscene, foul, defamatory, or inappropriate language, as determined by Sponsor, in its sole discretion, will be disqualified. Entries cannot contain trademarks, logos or trade dress owned by others (except ARC’TERYX) or advertise or promote any brand or product of any kind including, but not limited to brand names or logos. There is a limit of one (1) entry per person/Instagram account during the Promotional Period. Multiple entries will not be acknowledged. If you post updates to or receive updates from Instagram via SMS from your wireless phone, your wireless service provider may charge you for each text message you send and receive. Please consult your wireless service provider for more information. All terms and conditions of Instagram.com apply. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. The use of any automated system to enter the Promotion is prohibited and may result in disqualification.
By submitting a picture you warrant and represent that: (a) it is original to you and that you have all necessary rights in and to the picture to enter the Contest, (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (c) you have obtained permission from any person whose name is used in the picture, and (d) that publication of the picture via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
Uploading a picture constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the picture. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, which are disqualified.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant. Potential Winners may be required to show proof of being the authorized account holder. 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.
Winner Determination: The Prize-Winning Pictures will be determined by the following process:
After the conclusion of the Promotional Period, a panel of judges composed of members of the ARC’TERYX’s marketing team (as determined by Sponsor; herein, the “Judges”), will judge all eligible pictures received based on the following criteria:
Showcase Chamonix iconic scenery (up to 25 points)
Inclusion of activity, such as hike, climb, yoga, paint or other (up to 25 points)
Creativity (up to 25 points)
Overall composition (up to 25 points)
The five highest-scoring Entrants who submitted a picture will be deemed the potential Prize Winners. In the event of a tie for fifth place, the Entrant who submitted the picture with the higher “Overall composition” points will be deemed the potential Prize Winner; in the event of a tie in the number of “Overall composition” points, the Entrant who submitted the picture that received the higher “Creativity” points will be deemed the potential Prize Winner. The potential Prize Winners will be notified on or about July 14, 2021 via ARC’TERYX ACADEMY social media accounts. The potential Prize Winners will be required to provide Sponsor with an email address and a shipping address at time of notification.
IF NO PICTURES ARE POSTED IN COMPLIANCE WITH THESE OFFICIAL RULES, NO PRIZES WILL BE AWARDED.
Prize Winner Requirements: Receiving a Prize is contingent upon compliance with these Official Rules. The potential Prize Winners may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim a Prize. If a potential Prize Winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or Prize is returned as undeliverable, potential Prize Winner forfeits the Prize. In the event that a potential Prize Winner is disqualified for any reason, Sponsor reserves the right to award any given prize to an alternate entrant based on the next highest points received, even if the disqualified Potential Winner’s name or picture may have been publicly announced. If after three (3) attempts a Prize Winner is not confirmed, the Prize will remain un-awarded. Acceptance of any Prize shall constitute and signify a Prize Winner’s agreement and consent that Sponsor may use a Prize Winner’s name, city, state, likeness, picture and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
By accepting a Prize, a Prize Winner agrees that his/her winning picture will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then a Prize Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her picture, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.
TOTAL MAXIMUM ARV OF ALL PRIZES: EUROS 500
Any difference between stated approximate retail value and actual value of Prize will not be awarded. Prize will be shipped within 4 weeks of sponsor’s receipt of Prize Winner’s signed Affidavit.
The following applies to the Prizes: Except as specifically provided herein, the Prizes do not include taxes, or any other item not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the Prize Winner. The Prize Winner may be issued a tax form. The Prizes may not be transferred or assigned except by Sponsor. No substitutions, cash equivalents or redemptions of prize will be made. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winners of the Prizes.
General Conditions: Sponsor is not responsible for any typographical errors in these Official Rules or the advertising and promotion of the Contest; any kind of electronic, hardware, software or technical problems caused by Sponsor, the user or by any of the equipment or programming associated with or utilized in the picture processing; any human error which may occur in the processing of the picture or the selection of the Prize Winning Pictures, or which may limit any entrant’s ability to participate in this process.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, or rendered impossible of performance in any way, Sponsor reserves the right, in its sole discretion to cancel, suspend or withdraw the Contest, or to amend these Official Rules without notice, and, if possible, select a picture as the Prize Winning Picture based on entries submitted prior to or after the cancellation, suspension, reschedule or withdrawal.
Each entrant will not knowingly damage or cause interruption to the Contest and/or prevent others from participating in the process. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST HEREUNDER VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
By submitting a picture for consideration, entrants will be bound by these Official Rules and the decisions of Sponsor.
Limitation of Liability/Release: Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prizes awarded. Except where prohibited by law, by receipt of any Prize, a Prize Winner agrees to release and hold harmless Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all liability, loss or damage incurred with respect to entrant’s participation in the Contest, the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
Governing Law and Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the Provincial or Federal court located in Vancouver, BC, Canada; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses , and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, without giving effect to any choice of law or conflict of law rules (whether of the Province of British Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of British Columbia.
Winner List: The name of the Prize Winner (if any) may be obtained 30 days after close and no later than September 30, 2021 by sending a self-addressed stamped envelope to: ARC’TERYX’s ALPINE ACADEMY PHOTO Contest ATTN: 110-2220 Dollarton Hwy, North Vancouver, V7H 1A8.