SMARTWOOL PRO PURCHASE MEMBER CONTEST
NO PURCHASE NECESSARY.
Sponsor: Smartwool, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202
Open only to legal residents of the United States, who are at least 18 years of age (or age of majority in his/her/their jurisdiction of residence), whichever is older, who are members of Smartwool’s Pro Purchase Program in good standing and who purchased Smartwool product(s) through the Program prior to February 20, 2023. All other persons (including members of the general public and employees of Sponsor) are NOT eligible to participate or win the prize. Void where prohibited by law. By entering this Contest, you agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding.
1. CONTEST PERIOD:
February 20, 2023 on or after 9:00 a.m** Mountain Standard Time [MST]– March 12, 2023 at 11:59:59 p.m. MST.
**Actual start time depends on when Contest message is sent via email on February 20 to eligible members of Smartwool’s Pro Purchase Program (as per Rule 1). Opportunity to participate in the Contest is good only for original, intended recipient of Contest message email and is not transferable.
2. HOW TO ENTER:
(a) Take a photo of yourself wearing Smartwool product(s).
(b) Submit the photo via email to firstname.lastname@example.org. Your name, the industry professional category in Smartwool’s Pro Purchase Program that applies to you and your year of birth must be included as text in the body of the email; include the photo as a file attachment to the email; include SMARTWOOL PRO PURCHASE MEMBER CONTEST ENTRY in the subject line of the email. (Do not attempt to enter by replying to the Contest message email as entries will not be accepted in this manner.)
File attachments will only be accepted if in one (1) of the following formats: .jpg or .png. File size cannot exceed 1000 KB. Proof of sending email does not constitute Sponsor’s receipt of same or proof of Contest entry. Should Sponsor acknowledge receipt of entry, such acknowledgment is not otherwise binding upon Sponsor.
3. ENTRY RESTRICTIONS:
(a) You may enter as often as you like, provided that the same photo is NOT submitted more than once. If you do wish to enter more than once, each photo entered must be submitted in a separate email.
(b) A given email account may only be used by one (1) person to enter the Contest. In the event of a dispute, the owner of the email account used to submit the entry, as determined by Sponsor in its sole discretion, will be deemed to be the entrant; and, such person must be an eligible Smartwool Pro Purchase Program member as per Rule 1 above.
(c) Once submitted, an entry cannot be modified, amended or supplemented by entrant.
(d) Use of automated, robotic or programmed means of entry is prohibited. Over-reliance on photo editing software, filters and like mechanisms (as determined by Sponsor in its sole discretion) will result in entry not being accepted.
(e) An entry must be created only by a single individual; i.e., the Smartwool Pro Purchase Program member him/her/themselves. No team, group or joint entries are allowed.
(f) If participating via mobile device: standard message and data rates and/or wireless Internet access charges may apply when participating in the Contest. You may be charged by your wireless carrier in conjunction with Contest entry. Be sure to check your wireless carrier's pricing plan before participating in the Contest. Wireless Internet access may not be available in all areas.
4. CONTENT OF PHOTO: REQUIREMENTS
For Contest entry to be eligible, content of photo (including any title for the photo) must comply with all of the following requirements, as determined in Sponsor’s sole discretion:
(a) Must reflect the entrant’s/Smartwool Pro Purchase Program member’s actual, real-world experience with the applicable Smartwool product(s) in accordance with its usage instructions and his/her/their honest opinions regarding such Smartwool product(s);
(b) Must NOT violate or infringe upon the rights of any party (including copyright, trademark, right of privacy, right of publicity)†;
(c) is NOT inappropriate, obscene, hateful** or otherwise unfit for publication;
(d) Must NOT advocate the use of alcohol or drugs, acts of violence or illegal behavior;
(e) Must NOT include any material that has been previously published by entrant; AND
(f) Must NOT disparage or damage the goodwill and/or business reputation of Sponsor or its Smartwool brand.
†Smartwool Pro Purchase Program member may use the Smartwool trademarks in his/her/their photo[s] entered in the Contest, provided that the Smartwool trademarks themselves are used properly in their original format without modification or alteration. No other rights in Sponsor’s trademarks are granted to Smartwool Pro Purchase Program member and any other use of the Smartwool trademarks constitutes a violation of Sponsor’s rights in same.
5. GRANT OF RIGHTS IN PHOTO:
(a) In entering the Contest, you grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the content comprising the photo[s] in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation.
(b)You also agree, upon Sponsor’s request and without compensation, to respond to Sponsor’s inquiries as to whether you still hold the opinions of Smartwool product(s) as set forth in the photo[s] that you entered in the Contest.
(c) You further (i) waive any “Moral Rights of Authors” or similar natural rights of ownership you may have in the content comprising the photo[s] that you entered in the Contest and (ii) agree, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section.
(d)You further understand and agree that (i) Sponsor has wide access to ideas, stories and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/literary/artistic materials may be competitive with, similar to (or even identical to) to the content comprising the photo[s] that you entered in the Contest and that Sponsor shall have no liability under any legal theory to you or any third party in conjunction therewith; and (ii) Sponsor does not have any duty of confidentiality or other fiduciary duty to you with regard to the content comprising the photo[s] that you entered in the Contest.
6. WINNER DETERMINATION & NOTIFICATION:
(a) The judging will take place on or about March 13, 2023. To determine the winner, a judging panel composed of Sponsor representatives will review all eligible entries (i.e., photos) received according to the following criteria:
· Enthusiasm for and appreciation of Smartwool product(s) (50%)
· Creativity and originality (25%);
· Appreciation of/passion for the outdoors (25%).
In the unlikely event of a tie, the winning entry among those tied will be the entrant with the higher/highest score in the criterion of “enthusiasm for and appreciation of Smartwool product(s).”
By participating, entrant acknowledges that the results of the judging are confidential and proprietary information of Sponsor, and waives any claim to review or inspect same.
(b) Winner will be notified via email and may be required to sign a Declaration of Eligibility, Liability Release and a Publicity Release (where legal) to be returned within five (5) days of date of notification.
IF, FOR ANY REASON, WINNER CANNOT BE CONTACTED, FAILS TO TIMELY SIGN/RETURN DECLARATION OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY RELEASE (WHERE LEGAL) [IF APPLICABLE] OR IF PRIZE CANNOT BE DELIVERED, THE PRIZE WILL BE FORFEITED AND AN ALTERNATE WINNER WILL BE SELECTED FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED.
Prize (1) – $100 Smartwool digital gift card redeemable for products at www.smartwool.com. Gift card is not subject to expiration date or usage fees. See www.smartwool.com for full gift card terms and conditions.
Prize is not transferable. No prize substitution. Winner cannot redeem/exchange prize for cash value except where required by applicable law. Taxes and unspecified expenses related to acceptance/use of prize are winner’s sole responsibility.
By accepting prize, where legal, winner agrees to the use of his/her name, image, voice, likeness, image and other indicia of persona/identity for advertising/trade/publicity purposes by Sponsor and its designees without further compensation or notice.
8. ADDITIONAL CONDITIONS OF PARTICIPATION:
(a) By participating, entrant releases and agrees to hold harmless Sponsor, its parent company, subsidiaries, affiliates, or of any agencies/entities involved in the development, production or administration of the Contest; and the directors, officers, employees and agents of any of the above organization; from any and all liability arising from the Contest or the receipt, acceptance, use or misuse of prize.
(b) Sponsor is not responsible for late, lost, illegible/garbled, inaccessible, corrupted, jumbled, damaged or misdirected entries, all of which are void. Sponsor is also not responsible for programming, electronic, technological, telephonic, network or other malfunction, error or failure which in any way affects or interferes with the operation of the Contest or for entries not timely received or received in an usable format. The preceding includes entries being categorized as “junk” or “SPAM” by Smart Pro Purchase Program member’s email service provider.
(c) If Contest cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., computer virus, act of fraud, natural disaster), Sponsor may cancel/suspend/modify Contest and determine the winner in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Sponsor will advise all eligible Smartwool Pro Purchase Program members of such action via email.
(d) Tampering with Contest or violation of these Official Rules will result in disqualification as well as other possible sanctions (including termination of membership in the Smartwool Pro Purchase Program.)
(e) Sponsor’s failure to enforce any provision of these Rules in a given instance is NOT a waiver of such provision.
(f) Any dispute or claim regarding the Contest will be resolved pursuant to the internal, substantive law of Colorado. Any such dispute/claim must be brought individually (NOT as part of a class action) in U.S. federal or state court in Denver County, Colorado, with recovery being limited to one’s actual costs in participating in the Contest (if any) with all damages or other forms of recovery being expressly waived.
(g) If any 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.
9. WINNER’S LIST:
For name of winner (first name, last initial; city/state), send an email request to email@example.com with Smartwool Pro Purchase Program Contest Winner in the subject line. Winner’s list will be available after March 20, 2023; winner’s list request must be received by April 1, 2023 at 9:00 a.m. MST.