THE SMARTWOOL SKI & RIDE CHALLENGE PROMOTION

 

OFFICIAL U.S. RULES 
Please read these official rules carefully.

NO PURCHASE NECESSARY.

VOID WHERE PROHIBITED BY LAW.

1. Eligibility

The Smartwool Ski & Ride Challenge[SS1]  Promotion (“Promotion”) is open only to legal residents of the United States and the District of Columbia who are at least eighteen (18) years old (or the age of majority in his/her/their jurisdiction of residence, whichever is older). Eligibility is further subject to having the Strava GPS Cycling and Running App (via free or subscription service; type of service will not affect one’s ability to participate in the Promotion or his/her/their odds of winning) (“Strava App”).

The following persons are NOT eligible:

(a)   Employees, officers and directors of Smartwool, a division of VF Outdoor, LLC (“Sponsor”), Strava, Inc., Jackson Hole Mountain Resort, and their respective parent companies, divisions, subsidiaries and affiliated companies, agencies as well as prize suppliers (including organizers of the 2023 Rendezvous Spring Festival) and third party entities otherwise involved in offering the Promotion in any manner;

(b)  the immediate families (defined as parent, child, sibling, spouse), regardless of where they live, of such employees/officers/directors; and

(c)   the members of the same household, whether related or not, of such employees/officers/directors. 

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor

Sponsor: Smartwool, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202.

3. Entry

There are two (2) ways to enter this Promotion.

A.   Entry via Strava App

Beginning 1/14/2023 at or after 12:01 a.m. Mountain Standard Time (MST), go to the Challenge Gallery in the Explore tab or in the Feed area of the Strava App and select “Smartwool Ski & Ride Challenge.” The Smartwool Ski & Ride Challenge (also referred to as “Challenge”) involves skiing (Alpine, Backcountry and/or Nordic) and/or snowboarding for 23 hours between 1/14/2023 and 2/12/2023. If a person completes the Challenge, as recorded by the Strava App, he/she/they will receive a “completion badge” as well as a coupon code good for $50 off a qualifying purchase at www.smartwool.com (expiration date and other terms apply to use of coupon code).

BEFORE ENGAGING IN THE CHALLENGE, IT IS STRONGLY RECOMMENDED THAT YOU CONSULT WITH A PHYSICIAN OR HEALTH CARE PROFESSIONAL TO CONFIRM THAT YOU ARE IN SUITABLE PHYSICAL CONDITION TO DO SO. IN ELECTING TO ENGAGE IN THE CHALLENGE, YOU UNDERSTAND AND AGREE THAT SKIING (ALPINE, BACKCOUNTRY AND/OR NORDIC SKIING) AND SNOWBOARDING EACH CARRY AN INHERENT RISK OF INJURY OR EVEN DEATH (INCLUDING SLIPS, FALLS, INJURY DUE TO THE EFFECTS OF WINTER WEATHER CONDITIONS, THE ACTIONS OF OTHER SKIIERS/SNOWBOARDERS, ROCKS AND OTHER PHYSICAL HAZARDS AND/OR TRAIL CONDITIONS) AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE SPONSOR AND STRAVA, INC. FROM ANY AND ALL LIABILITY FOR SAME UNDER ANY LEGAL THEORY. 

 

IF YOU HAVE ANY DOUBTS AS TO YOUR ABILITY TO PARTICIPATE IN THE CHALLENGE OR DO NOT ACCEPT THE RISK OF INJURY/DEATH IN CONJUNCTION THEREWITH, YOU ARE ADVISED NOT TO TAKE PART IN THE CHALLENGE AND TO ENTER THE PROMOTION VIA THE MAIL-IN ENTRY METHOD SET FORTH BELOW.

By clicking on the REDEEM button in the “completion badge,” you will be re-directed to a website with an entry form. To enter the Sweepstakes, complete the entry form with all required information, including your name and the email address associated with your Strava account. Entries must be received no later than 11:59 p.m. MST on 2/20/2023.

Strava, Inc. will only provide “completion badge” and Sponsor will only provide the $50 off coupon code if the Strava App determines that the user has engaged in 23 hours of skiing (Alpine, Backcountry and/or Nordic) and/or snowboarding between 1/14/2023 and 2/12/2023. Strava, Inc.’s determination of user’s completion of the Challenge is final and binding in all respects, with Sponsor relying on the accuracy of same as to implementation of the Promotion. Sponsor disclaims any and all liability under any legal theory for the operation of Strava App and/or Strava, Inc.’s determination that a given user has (or has not) completed the Challenge. Any attempt by an individual to undermine the operation of the Strava App, including but not limited to any misrepresentation or deception of any kind as to whether he/she/they actually completed the Challenge will result in disqualification from the Promotion and may affect such individual’s continued use of the Strava App (via free or subscription service).

RECEIPT AND/OR REDEMPTION OF A “COMPLETION BADGE” OR A $50 OFF COUPON CODE FOR COMPLETING THE CHALLENGE WILL NOT AUTOMATICALLY RESULT IN ENTRY IN THE RANDOM DRAWING..

 

Accessing the Strava App and/or entering the Promotion on-line via mobile device may result in the imposition of wireless Internet access fees and/or other charges as per the wireless carrier’s billing policy. You are advised to review such billing policy BEFORE using the Strava App and/or entering the Promotion. Wireless Internet access is not available in all areas or on all mobile devices.

B.    Entry via Mail

To enter without completing the Challenge, print on a 3”x5” card your name, email address associated with your Strava account and mail in a business size (#10) envelope to: The Smartwool Ski & Ride Challenge Entry c/o Sponsor at the address in Rule 2 above. Entries must be postmarked by 2/21/2023 and received by 2/28/2023. No copies or mechanical reproductions of mail-in entries will be accepted. Mail-in entries become Sponsor’s property and will not be returned. Those entering by mail will not receive the $50 off coupon code.

5. Additional Restrictions on Entry.

 

Limit of one (1) entry per person regardless of entry method utilized. Use of any device or artifice to violate the entry limit may result in disqualification from Promotion and may affect individual’s continued use of the Strava App (via free or subscription service). 

Proof of transmission of entry form does not constitute receipt of same or proof of entry.

Receipt of on-line entries will be acknowledged (including via issuance of $50 off coupon code); however, such acknowledgement is not binding upon Sponsor in any respect. Receipt of mail-in entries will NOT be acknowledged.

In case of dispute as to ownership of entry, the entrant will be deemed to be the authorized account holder of the email address associated with the Strava account as per Strava, Inc.’s business records. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service, or other organization that is responsible for assigning email addresses.

 6. Random Drawing, Winner Notification & Verification

On or about 3/1/2023, Sponsor will select the winner in a random drawing from among all eligible entries received.

 

Potential prize winner will be contacted using the email address included on the entry and will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal) (“Affidavit/Release”) within three (3) days.

Prize will be forfeited without compensation of any kind and an alternate potential winner will be selected if any of the following occurs:

(a)   Potential winner does not timely complete, sign and return the Affidavit/Release;

(b)  Potential winner cannot be contacted for any reason despite Sponsor’s commercially reasonable efforts to do so (by way of example only, potential winner’s email service provider categorizes winner notification email as “Junk” or SPAM, if applicable);

(c)   if Sponsor determines that the potential winner is ineligible or potential winner has otherwise violated these Official Rules.

8. Prize, Approximate Retail Value, Odds of Winning

Prize (1) – “The Ultimate Ski-cation” in Teton Village, Wyoming consisting of: (a) two (2) nights’ lodging at Jackson Hole Mountain Resort (single room, double occupancy; specific accommodations to be determined by Sponsor); (b)  two (2) days’ lift tickets for winner and guest (subject to terms and conditions indicated thereon); (c) two (2) VIP tickets to the 2023 Rendezvous Spring Festival on both days of Festival[SS2] ; (d) $500 travel voucher (issuer is of Sponsor’s sole choosing; subject to terms and conditions indicated thereon). Total Approximate Retail Value: $2,400.00.

Odds of winning the prize depend on the number of eligible entries received for the random drawing.

9. Prize Restrictions

 

Prize must be accepted so as to attend the 2023 Rendezvous Spring Festival, 3/31/2023 and 4/1/2023. If winner is not available on these dates, prize will be forfeited without compensation of any kind and an alternate winner will be selected from among all remaining eligible entries received.

Prize is offered subject to availability and other restrictions.  Guest of winner (if a minor, his/her parent or legal guardian) must complete, sign and return a Liability Release and a Publicity Release (where lawful) prior to accompanying winner to Teton Village for stay at Jackson Hole Mountain Resort. If guest is a minor, his/her parent or legal guardian must be the winner. Winner and guest must conduct themselves at all times in an appropriate, well-behaved and respectable manner during stay at Jackson Hole Mountain Resort, including attendance at Festival. In addition to complying with all Festival policies (e.g., consenting to security check and acting with due regard for the safety of other Festival attendees), the preceding includes but is not limited to abiding by all third party policies and laws designed to prevent the spread of COVID-19/Coronavirus; e.g., mask-wearing, social distancing, provision of proof of negative COVID-19/Coronavirus test and/or proof of full vaccination status. Failure to do so will result in forfeiture of prize and/or termination of stay at Jackson Hole Mountain Resort including ejection from Festival (to the extent applicable), without liability to Sponsor; and, Sponsor further reserves the right to pursue all available legal remedies against winner and/or guest under such circumstances. Winner and guest will not receive any hotel stay award points or similar “perks” in conjunction with prize.

 

SPONSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND (DIRECT OR INDIRECT, EXPRESS OR IMPLIED) REGARDING THE PRIZE OR ANY ELEMENT THEREOF, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE.

 

WITH REGARD TO LIFT TICKET ELEMENT OF PRIZE, WINNER AND GUEST EACH UNDERSTAND AND AGREE THAT, AS PER RULE 3 ABOVE, SKIING (ALPINE, BACKCOUNTRY AND/OR NORDIC SKIING) AND SNOWBOARDING EACH CARRY AN INHERENT RISK OF INJURY OR EVEN DEATH AND WINNER/GUEST ASSUME ALL SUCH RISKS AND RELEASE SPONSOR FROM ANY AND ALL LIABILITY FOR SAME TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Prize must be accepted as awarded. If any element of prize is declined, unused or unclaimed, such prize element will be forfeited and no substitute prize element or compensation will be awarded. If winner chooses to accept prize without a guest, prize will be awarded in increments appropriate for a single person (i.e., the winner him/herself) and no substitute prize or compensation will be awarded; and, in such case, the approximate retail value of the prize will be reduced accordingly.

Winner is solely responsible for all unspecified expenses in conjunction with prize acceptance and use. By way of example only, such expenses include costs of travel in excess of value of travel voucher, souvenirs and other incidental expenses in conjunction with stay at Jackson Hole Mountain Resort.

Prize is not transferable without the express written consent of Sponsor, which may be granted or withheld in its sole discretion and without liability of any kind. Prize is not exchangeable or redeemable for cash. No prize substitution except, due to prize unavailability for any reason, Sponsor may substitute an alternative prize (or prize element) of comparable value for advertised prize/prize element.

All taxes on prize are the winner’s sole responsibility. Sponsor shall advise the Internal Revenue Service via IRS 1099 Tax Form of winner’s receipt of prize and its value; and, winner agrees to fully cooperate with Sponsor as to its fulfillment of such reporting obligation including providing his/her Social Security Number/Tax Identification Number via IRS W9 Tax Form upon request.

Attendance at the Festival is subject to standard Festival policies.  Festival is an outdoor event and the decision whether (or not) to cancel or postpone the Festival lies solely with Festival organizers.

10. Entry Conditions and Release

By entering, each entrant releases and agrees to hold harmless Sponsor, Strava, Inc. and Jackson Hole Mountain Resort; their respective parent companies, divisions, subsidiaries and affiliated companies; all of their respective officers, directors, employees, agents, shareholders and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence, damages, or injury of any kind to persons and property, including but not limited to property damage, or death or personal injury arising out of or relating to entrant’s participation in the Promotion, acceptance or use or misuse of  the prize (if applicable) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of the prize (if applicable).

11. Publicity

Except where prohibited, acceptance of prize constitutes each winner’s consent to Sponsor’s and its designees (including Strava, Inc.’s) use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for trade, publicity and promotional purposes in any media, worldwide, without further payment or consideration or review/approval of any kind.

12. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, pandemic/epidemic, materials shortage, civil commotion, riot, strike, natural disaster of any kind or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, to the extent feasible, Sponsor shall endeavor to conduct the Promotion and make the prize available via random drawing from among all eligible Strava App entries received prior to the action taken by Sponsor as well as all eligible mail-in entries received or otherwise in a manner which Sponsor determines in its sole discretion is fair, appropriate and consistent with these Official Rules. Notification of such action by Sponsor will be posted on the Strava App. Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be tampering with the Promotion, attempting to defraud Sponsor, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of these Official Rules in a given circumstance shall not constitute a waiver of that provision.

13. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Promotion; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Promotion, including but not limited to use of the Strava App; (d) technical or human error, which may occur in the administration of the Promotion, including but not limited to the recordation of user’s participation in the Challenge or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of the prize.

The Released Parties are not responsible for late, lost, illegible/garbled, inaccessible, incomplete, damaged, misdirected, corrupted, jumbled on-line or mail-in entries or improperly recorded or unrecorded data as to completion of Challenge, regardless of cause, all of which are void. The Released Parties are also not responsible for postage due mail.

If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion to the extent feasible; and, if not feasible, Released Parties shall not have any liability of any kind. No more than the stated number of prizes (i.e., one [1] prize) will be awarded.

14. Disputes; Choice of Law

To the fullest extent permitted by law, entrant agrees that:

 

(A)  any and all disputes regarding the Promotion or these Official Rules shall be governed by the internal, substantive law of Colorado (i.e., without regard to choice of law/conflict of law rules of Colorado or of any other jurisdiction);

(B)  entrant is subject to the personal and exclusive jurisdiction of the United States District Court for the District of Colorado or Colorado State court situate in Denver County;

(C)  entrant waives any right of change of venue, inconvenient forum or the like;

(D)  any action will be brought by entrant individually (NOT as part of a class action);

(E)  entrant’s recovery in any such action is limited to actual costs involved in participating in the Promotion (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) as well as the right to injunctive relief being expressly waived.

 

If the preceding or any other 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.

 

15. Entrant’s Personal Information

Information collected from participants is subject to the Sponsor’s Privacy Policy, which is available at: https://www.smartwool.com/customer-service/privacy.html as well as Strava, Inc.’s Privacy Policy, which is available at https://www.strava.com/legal/privacy. Be sure to read each Privacy Policy carefully before participating in the Promotion as they contain important information as how Sponsor and Strava, Inc. respectively each collect, use and share your personal information.

16. Winner’s List

For the name and city/state of winner, send a self-addressed stamped envelope to The Smartwool Ski & Ride Challenge Entry c/o Sponsor at the address in Rule 2 above. Requests must be received by 3/13/2023.  Winner’s list will be available after 4/3/2023.