SMARTWOOL BRYAN IGUCHI SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.
The Smartwool Bryan Iguchi Sweepstakes (the “Sweepstakes”) is offered only in the 50 states of the United States and the District of Columbia (the “Territory”) and is open only to legal residents of the Territory who, as of date of entry, are at least 18 years of age. If you do NOT reside in the Territory or are otherwise ineligible, do NOT attempt to enter the Sweepstakes. Void outside the Territory and where prohibited by law.
By participating, entrants accept and agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and are not subject to appeal.
Sponsor: Smartwool, a division of VF Outdoor, LLC, 3495 Airport Circle, Steamboat Springs, CO 80487
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or other participating social media platforms.
1. ELIGIBILITY. Employees, officers and directors and their immediate family members (parents, children, siblings, spouse) wherever they may live and others living in their same household (whether related or not) of Smartwool, a division of VF Outdoor, LLC (“Sponsor”), Backcountry.com, LLC, Arbor Board Co., Inc., Jackson Hole Mountain Resort Corporation, their respective parent companies, subsidiaries, affiliates (with respect to Smartwool, including but not limited to Vans, a division of VF Outdoor, LLC); marketing, advertising, promotion or other agencies; Mr. Bryan Iguchi’s management/representation; prize suppliers; and independent contractors involved in any way in the development, distribution or conduct of the Sweepstakes are not eligible to enter the Sweepstakes or win a prize.
2. SWEEPSTAKES SCHEDULE. Sweepstakes begins on October 15, 2018 at 8:00 a.m. Mountain Time (MT) and ends on October 31, 2018 at 11:59 p.m. MT (“Sweepstakes Period”). Sponsor’s computer is the official clock for all purposes of the Sweepstakes.
3. HOW TO ENTER.
(a) Base Entry
During Sweepstakes Period, go to www.smartwool.com/jackson-hole-sweepstakes.html (“Website”) and click on the Sweepstakes banner to access the official entry form; or, Facebook users can click on the Sweepstakes ad which will take them to the official entry form.
Complete and submit the entry form with all required information (i.e., your name, e-mail address and zip code) to receive a base entry.
(b) Bonus Entry
Persons who receive a base entry via the Website may use the provided link to share the Sweepstakes with their friends on Facebook, their followers on Twitter, or their contacts on other participating social media platforms. For each individual who is eligible for and enters the Sweepstakes using the provided link, a person will receive one (1) bonus entry. (Persons who receive a base entry via the Facebook ad will not be provided with the link whereby they can receive bonus entries.)
All entries must be received/recorded by October 31, 2018 at 11:59 p.m. MT.
4. ENTRY RESTRICTIONS.
Limit one (1) base entry per person on the Website and one (1) base entry via Facebook, for a maximum of two (2) base entries in total. (A given person may only use one (1) e-mail address in conjunction with Sweepstakes participation.) Limit of five (5) bonus entries per person, for a maximum of seven (7) entries in total per person. To receive bonus entries, a person must first have received a base entry on the Website. Should more than one (1) base entrant share the Sweepstakes with the same person who thereafter enters the Sweepstakes, such referred person's Sweepstakes entry will only result in one (1) bonus entry which will be credited to the base entrant whose shared Sweepstakes link that was first used by the referred person to enter the Sweepstakes (as determined by Sponsor in its sole discretion). Should the same base entrant share the Sweepstakes with the same referred person via multiple methods (e.g., Facebook and Twitter), such base entrant may receive a maximum of one (1) bonus entry by sharing the Sweepstakes with such person.
Use of any artifice or device to violate the limit on the number of base entries, to artificially inflate the number of bonus entries received or to manipulate the number of bonus entries received will result in all entries being declared void, disqualification from this Sweepstakes and possible prohibition from participating in future sweepstakes and contests sponsored by Smartwool.
BE SURE TO ONLY SHARE THE SWEEPSTAKES WITH PERSONS WHO ARE ELIGIBLE (GENERALLY, WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES/DISTRICT OF COLUMBIA, 18 OR OVER) AND WHO YOU BELIEVE ARE INTERESTED IN SMARTWOOL PRODUCTS, BACKCOUNTRY.COM PRODUCTS AND JACKSON HOLE MOUNTAIN RESORT AS WELL AS THE SWEEPSTAKES.
WHEN SHARING THE SWEEPSTAKES, YOU MUST USE THE PROVIDED LINK IN ITS ORIGINAL FORM. IF THE LINK HAS BEEN MODIFIED IN ANY WAY, YOU WILL NOT RECEIVE A BONUS ENTRY FOR SUCH SHARING EVEN IF THE SHARING IS OTHERWISE EFFECTED IN FULL ACCORDANCE WITH THESE OFFICIAL RULES. VIOLATION OF THIS REQUIREMENT MAY ALSO RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES AND POSSIBLE PROHIBITION FROM PARTICIPATING IN FUTURE SWEEPSTAKES AND CONTESTS SPONSORED BY SMARTWOOL.
Receipt of base entries will be acknowledged and receipt of bonus entries may be acknowledged as well. But, in all cases, such acknowledgment shall not constitute any representation as to Sweepstakes eligibility nor is it otherwise binding upon Sponsor.
Proof of transmission of official entry form does not constitute proof of receipt or proof of (base) entry. As set forth above, proof of sharing Sweepstakes link with another person does not constitute proof of receipt of bonus entry.
BY COMPLETING AND SUBMITTING ENTRY FORM FOR BASE ENTRY, YOU ARE AGREEING TO RECEIVE PROMOTIONAL NEWS/UPDATES VIA E-MAIL FROM SMARTWOOL, BACKCOUNTRY.COM, AND JACKSON HOLE MOUNTAIN RESORT, IN ADDITION TO RECEIVING E-MAILS FROM SMARTWOOL REGARDING YOUR PARTICIPATION IN THE SWEEPSTAKES ITSELF. YOU ARE REQUIRED TO RECEIVE SUCH PROMOTIONAL E-MAILS (AS WELL AS E-MAILS REGARDING SWEEPSTAKES PARTICIPATION) AS A CONDITION OF ENTRY. HOWEVER, YOU MAY OPT-OUT OF RECEIVING PROMOTIONAL E-MAILS (BUT NOT SWEEPSTAKES ADMINISTRATION E-MAILS) AT ANY TIME THEREAFTER WITHOUT AFFECTING YOUR ABILITY TO ENTER OR WIN A PRIZE IN THE SWEEPSTAKES. YOU ARE THEREFORE ADVISED TO CAREFULLY REVIEW THE INFORMATON COLLECTION, SHARING AND USAGE PRACTICES OF SMARTWOOL, BACKCOUNTRY.COM AND JACKSON HOLE MOUNTAIN RESORT BEFORE ENTERING THE SWEEPSTAKES. THE PRIVACY POLICY OF SMARTWOOL IS ACCESSIBLE AT www.smartwool.com/customer-service/privacy.html; BACKCOUNTRY.COM’S PRIVACY POLICY IS ACCESSIBLE AT www.backcountry.com/sc/privacy-policy; THE PRIVACY POLICY OF JACKSON HOLE MOUNTAIN RESORT IS ACCESSIBLE AT www.jacksonhole.com/privacy.html.
In the event of dispute as to ownership of a base entry, entry shall be deemed made by the authorized owner of the e-mail account provided on the official entry form. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses, as determined by Sponsor in its sole discretion.
In the event of a dispute as to being credited for a bonus entry, Sponsor shall determine in its sole discretion the base entrant to be credited with that bonus entry (if any).
Entries must be manually key-stroked by entrant; use of programmed, robotic or like means to enter or share the Sweepstakes with others is prohibited.
5. WINNER SELECTION & NOTIFICATION.
Winners will be selected in a random drawing from among all eligible entries (base entries and bonus entries) received. The drawing will be conducted by Sponsor on or about November 5, 2018.
Potential winners will be notified via e-mail. Potential Grand and First Prize winners will (and potential Second Prize winners may) be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) as a condition of prize award. Potential Grand Prize winner must return the completed and signed Affidavit within (2) days of date of notification (or such shorter time period as may be indicated on notification documents); potential First Prize winner (and, if applicable, potential Second Prize winners) must return the completed and signed Affidavit within (5) days of date of notification. Failure to comply with this requirement (if applicable), return of prize notification as undeliverable for any reason (e.g., e-mail message to potential winner to which no response is timely received, including but not limited to filtering/classification of e-mail as “SPAM”), or if a potential winner is determined to be ineligible or otherwise in violation of these Official Rules will result in prize forfeiture without compensation and selection of alternate winner from among all remaining eligible entries received.
6. PRIZES/ODDS OF WINNING.
Grand Prize (1) – 4 day/3 night skiing trip for winner and one (1) guest to Jackson Hole, Wyoming where winner and guest will have the opportunity to “meet and greet” professional snowboarder Bryan Iguchi. Trip consists of roundtrip coach air travel from major commercial airport near winner’s residence to Jackson Hole; standard, double occupancy accommodations for 4 days/3 nights at Jackson Hole Mountain Resort; 2 full-day lift tickets for winner and guest at Jackson Hole Mountain Resort (lift tickets are subject to terms and conditions as indicated thereon); Smartwool® apparel package for winner and guest (winner/guest to each choose from menu of Smartwool® items determined by Sponsor in its sole discretion; value of each apparel package is approximately $500 but not in excess thereof; should Smartwool® items chosen by winner or guest be less than $500 in value, winner/guest will not receive the difference in cash or otherwise); 3 pairs of PhD® Slopestyle Smartwool® socks (Bryan Iguchi design) for winner and guest ; $400 gift card for winner and guest (to be used for meals or otherwise; issuer to be determined by Sponsor in its sole discretion; gift card does not have an expiration date but terms and conditions apply to use of same); $100 Backcountry.com gift card for winner; framed Bryan Iguchi print for winner. Total Approximate Retail Value: $6400. (If actual value is less than Approximate Retail Value, winner will not receive the difference in cash or otherwise.)
First Prize (1) – Arbor snowboard with Bryan Iguchi artwork; Smartwool® apparel package (winner to choose from menu of Smartwool® items determined by Sponsor in its sole discretion; value of apparel package is approximately $500 but not in excess thereof; should Smartwool® items chosen by winner be less than $500 in value, he/she will not receive the difference in cash or otherwise); 1 pair of PhD® Slopestyle Smartwool® socks (Bryan Iguchi design); 1 pair of Vans® snowboard boots (specific type of Sponsor’s sole choosing; subject to availability as to size and color [if applicable]); 1 pair of Vans® apres slippers (specific type of Sponsor’s sole choosing; subject to availability as to size and color); $100 Backcountry.com gift card; framed Bryan Iguchi print. Total Approximate Retail Value: $2000.
Second Prize (10) - 1 pair of PhD® Slopestyle Smartwool® socks (Bryan Iguchi design); framed Bryan Iguchi print. Total Approximate Retail of each Second Prize: $360 each.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $12,000.
Odds of winning depend on the total number of eligible entries received for the random drawing.
7. PRIZE RESTRICTIONS.
Grand Prize:
In order to receive “meet and greet” Bryan Iguchi element of the Grand Prize, trip must be taken January 27 – 29, 2019. If winner is not available on such dates for any reason, “meet and greet” element of Grand Prize will be forfeited without compensation and winner must complete trip no later November 15, 2019, subject to availability, blackout dates (as well as providing at least forty-five [45] days’ advanced notice prior to intended travel date) and other restrictions.
Other elements of trip are also subject to availability as well as additional restrictions. All travel arrangements must be made using Sponsor’s designated travel agent. Hotel is of Sponsor’s sole choosing and flight arrangements are subject to Sponsor’s sole discretion (should winner not reside near a major commercial airport providing direct service to Jackson Hole, Sponsor shall determine flight itinerary including stop-over and connecting flights, as appropriate).
Guest of winner (if a minor in his/her jurisdiction of residence [i.e., generally, under age 18], his/her parent or legal guardian) must complete, sign and return a Liability Release and a Publicity Release (where lawful) prior to issuance of travel documents. Winner and guest must travel together on approved itinerary. If guest is a minor, winner must be the guest’s parent or legal guardian. Should winner choose to accept prize trip without a guest for any reason, Grand Prize will be awarded in increments appropriate for one traveler (i.e., the winner him/herself) and no substitute prize or compensation will be awarded; and, in such case, the value of the Grand Prize will be less than the total approximate retail value indicated above.
If winner lives within reasonable driving distance of Jackson Hole (as determined by Sponsor in its sole discretion), Sponsor shall replace the air travel component of the Grand Prize with ground transportation or a stipend to be used for same (the amount of which will be determined by Sponsor in its sole discretion), and no substitute prize or compensation will be awarded; and, in such case, the value of the Grand Prize will be less than the total approximate retail value indicated above.
WITHOUT LIMITING THE TERMS OF ANY OTHER WAIVER/RELEASE TO BE SIGNED BY GRAND PRIZE WINNER AND HIS/HER GUEST (IF A MINOR, HIS/HER PARENT OR LEGAL GUARDIAN), WINNER AND GUEST (IF A MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) EACH UNDERSTAND AND AGREE THAT SKIING AND SNOWBOARDING ARE EACH INHERENTLY DANGEROUS ACTIVITIES WHICH MAY RESULT IN DISFIGUREMENT, DISMEMBERMENT OR EVEN DEATH. HAZARDS MAY INCLUDE BUT ARE NOT LIMITED TO: COLLISIONS WITH NATURAL AND MAN-MADE OBJECTS SUCH AS TREES, ROCKS, FENCES, STUMPS, DEBRIS, VEHICLES AND EQUIPMENT; COLLISIONS WITH OTHER SKIERS, SNOWBOARDERS OR OTHER PERSONS; FALLS; OVER-EXERTION; OPERATION OF THE SKI-LIFT; AND EXPOSURE TO FREEZING TEMPERATURES. IN AGREEING TO USE THE LIFT TICKETS/SKIING/SNOWBOARDING ELEMENT OF THE GRAND PRIZE, WINNER AND GUEST (IF A MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) AGREE TO ASSUME ANY AND ALL SUCH RISKS. IF WINNER OR GUEST IS NOT COMFORTABLE WITH SUCH RISKS, THEIR SOLE RECOURSE IS TO DECLINE THIS ELEMENT OF THE GRAND PRIZE, IN WHICH CASE NO COMPENSATION OR ALTERNATE PRIZE ELEMENT WILL BE AWARDED.
Participation of Bryan Iguchi in the Grand Prize is subject to his professional commitments and availability (even if trip is taken January 27 – 29, 2019). “Meet and greet” will be supervised. Mr. Iguchi may (or may not) in his sole discretion pose for videos/photos [“selfies”] with winner and his/her guest; and, he may (or may not) agree to autograph items for winner and his/her guest. Mr. Iguchi may (or may not) in his sole discretion participate in skiing/snowboarding activities with winner and guest; and, should he elect to do so, Mr. Iguchi shall determine in his sole discretion the nature, extent and duration of his participation in same. Additional restrictions may apply. “Meet and greet” has no retail value and, if it is not awarded for any reason, the remaining elements of the Grand Prize shall represent the entire liability of Sponsor (and Mr. Iguchi) to winner.
Winner and guest agree to conduct themselves at all times in conjunction with Grand Prize trip in an appropriate, well-behaved and socially acceptable manner, including but not limited to the “meet and greet” element of same as well as their conduct when participating in skiing/snowboarding activities. Should winner and/or guest fail to do so, Sponsor may immediately terminate the Grand Prize trip and Sponsor (as well as Mr. Iguchi) will have no further liability or obligation to winner and/or guest, as applicable. Sponsor (as well as Mr. Iguchi) further reserve the right to pursue all available legal remedies against winner and/or guest so as to protect their respective rights.
Winner and guest will not receive any award points, frequent flier miles or similar “perks” in conjunction with Grand Prize travel.
In General:
Limit of one (1) prize per person/family/address/household. Specific Bryan Iguchi print included as part of prize will be selected by Sponsor in its sole discretion; without limiting the foregoing, all Second Prize winners may not receive the same Bryan Iguchi print. All aspects of framing of print, including composition of frame and matting (if any), are of Sponsor’s sole choosing. For Grand and First Prizes, Backcountry.com gift card does not expire, is redeemable for eligible purchases on www.backcountry.com, www.competitivecyclist.com, www.steepandcheap.com, www.motohead.com; see www.backcountry.com/sc/gift-card-policy for complete terms and conditions. Actual prize elements may differ from those in Sweepstakes advertising and Sponsor disclaims any and all liability in conjunction therewith. Prizes will only be shipped to a street address in the Territory and must be accepted in their entirety or not at all. Specific prize elements may be shipped separately. Prizes are not redeemable/exchangeable for cash except for gift card elements of Grand and First Prizes where ability to redeem gift card for cash value is required by applicable law. All unspecified expenses relative to acceptance and/or use of any prize (for Grand Prize, this includes travel to/from departure airport, souvenirs and other incidentals) and any applicable taxes on the value of the prize are the winner’s sole responsibility. Sponsor will report Grand and First Prize winners’ receipt of prize and its fair market value to the Internal Revenue Service via IRS 1099 Tax Form; and, Grand and First Prize winners agree to fully cooperate with Sponsor relative to such tax reporting requirement, including provision of their Social Security Number. Prizes are not transferable except with the written permission of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind. No prize substitution, except at Sponsor’s sole discretion due to unavailability of prize/prize element for any reason and only then for prize/prize element of comparable value.
8. ADDITIONAL CONDITIONS OF PARTICIPATION.
By accepting prize, except where prohibited by law, winner agrees to the use of his/her name, address (city, state), likeness, photograph, other indicia of persona and/or statements made by winner regarding the prize, the Sweepstakes or the Sponsor for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice; and, winner further agrees to confirm such grant of rights in writing upon Sponsor's request and without further compensation.
BY PARTICIPATING, ENTRANT INDEMNIFIES, RELEASES AND AGREES TO HOLD HARMLESS SMARTWOOL, A DIVISION OF VF OUTDOOR, LLC, BACKCOUNTRY.COM, LLC, ARBOR BOARD CO., INC., JACKSON HOLE MOUNTAIN RESORT CORPORATION, THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES (WITH RESPECT TO SMARTWOOL, INCLUDING BUT NOT LIMITED TO VANS, A DIVISION OF VF OUTDOOR, LLC), AND THE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS SUCCESSORS AND ASSIGNS OF ANY OF THE ABOVE ORGANIZATIONS; BRYAN IGUCHI’S MANAGEMENT/REPRESENTATION; MR. BRYAN IGUCHI PERSONALLY; OTHER PRIZE SUPPLIERS; AS WELL AS FACEBOOK, TWITTER AND OTHER SOCIAL MEDIA PLATFORMS (“RELEASED ENTITIES”) FROM ANY AND ALL LIABILITY ARISING FROM PARTICIPATING IN THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED ACTIVITY AND/OR THE ACCEPTANCE, RECEIPT, POSSESSION OR USE/MISUSE OF ANY PRIZE OR ELEMENT THEREOF (AS APPLICABLE).
WITHOUT LIMITING THE FOREGOING, WITH THE SOLE EXCEPTION OF ITS OWN PRODUCT AND SUBJECT TO THE LIMITATIONS OF ANY WARRANTY OFFERED BY SMARTWOOL ON SAME, SPONSOR MAKES NO REPRSENTATION, GUARANTEE OR WARRANTY OF ANY KIND AS TO ANY PRIZE ELEMENT UNDER ANY LEGAL THEORY; AND, THE ONLY WARRANTY- IF ANY - IS THAT OF THE APPLICABLE PRIZE SUPPLIER.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Sweepstakes, the Web Site or any other web site; to be acting in violation of the Official Rules or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. (This includes sharing of the Sweepstakes link in a manner other than as prescribed by these Official Rules or in a manner intended to harass or annoy any other person.) The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its legal rights and/or prohibiting such person from participating in future sweepstakes and contests sponsored by Smartwool.
9. LIMITATIONS OF LIABILITY.
The failure of Sponsor to enforce a given provision of these Official Rules in a particular circumstance will not constitute the waiver of such provision. Sponsor is not responsible for base entries/bonus entries (as applicable) that are lost, late, illegible/garbled, jumbled, corrupted, inaccessible, misdirected, improperly recorded (or not recorded at all), incomplete or mutilated and all such entries are void. Sponsor is also not responsible for:
(a) any incomplete, incorrect or inaccurate information regarding the Sweepstakes (including the receipt of bonus entries), whether caused by tampering, hacking, equipment malfunction/failure or other cause;
(b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries or Sweepstakes links or the recordation of bonus entries, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or
(c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming or for damage to one’s computer due to participation in the Sweepstakes (including but not limited to filtering by or other operation of the functionality of Facebook, Twitter or any other social media platform).
10. FORCE MAJEURE.
If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes and select the prize winners in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Website.
11. DISPUTE RESOLUTION/CHOICE OF LAW.
Entrants agree that: (i) any claim, dispute or cause of action regarding the Sweepstakes or these Official Rules shall be brought individually (NOT AS PART OF A CLASS ACTION) in Colorado State Court in Routt County or the U.S. District Court for the District of Colorado; (ii) they consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; (iii) their recovery will be limited to actual out-of-pocket costs involved in participating in the Sweepstakes (if any) and they expressly waive their right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys’ fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of Colorado in adjudicating any such claim/dispute/cause of action, except for the choice of law/conflict of law rules of Colorado (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than Colorado).
12. WINNERS’ LIST.
For the names of the winners (first name, last initial; city/state), send a self-addressed stamped envelope to Smartwool at the address above, ATTN: LR. Requests must be received by November 15, 2018. Winners’ list will be available after December 15, 2018.