REI “EVRGRN” Contest Official Rules - Uncommon Path

REI “EVRGRN” CONTEST

OFFICIAL RULES

Important: Please read these rules before entering this contest (“Contest“).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE IS NECESSARY TO ENTER. PURCHASE WILL NOT INCREASE ODDS OF WINNING. CONTEST OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND RECREATIONAL EQUIPMENT, INC. (“REI”) RESERVES THE RIGHT NOT TO AWARD THE PRIZE TO YOU. If you have an APO or FPO mailing address, you must identify your state of permanent residence. To be eligible to win a prize, entries must be completed and received by REI in the manner and format designated below. Directors, officers and employees of REI and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prize. All applicable federal, state and local laws and regulations apply. Contest void where prohibited by law.
REI and all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties“) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of REI or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
Contest Period. The Contest submission period starts at 12:01 a.m. (all times Pacific Time) on May 21, 2015 and ends at 11:59 p.m. on May 27, 2015 (the “Submission Period”). All entries must be received during the Submission Period and meet other requirements in these Official Rules to be eligible to win a prize. REI’s or its designee’s computer is the official time-keeping device for the Contest.
How to Enter. To enter, take the following steps during the Submission Period:

Twitter Entry:

Step 1: Be a registered user of Twitter.com. (If you do not have a Twitter.com account, simply visit Twitter.com to sign up for an account. Twitter does not require a signup fee to create an account.)
Step 2: Log into your Twitter.com account, and, if you have not already done so, follow @REI. Your Twitter profile must be viewable by the public to be eligible for participation in the Contest.
Step 3: Tweet your photo and caption to @REI portraying “why it’s better out here” and the hashtags #evrgrn and #REIcontest. Together, your submitted Tweet, photo, photo tag, and photo caption are the “Submission.”

Instagram:

Step 1: Be a registered user of Instagram. (If you do not have an Instagram account, simply download the Instagram software application from the Apple or Google Play app store and use the app to sign up for an account. Instagram does not charge users to download the app or sign up for an Instagram account.)
Step 2: Log into your Instagram account. Your Instagram profile must be viewable by the public to be eligible for participation in the Contest.
Step 3: Share your photo and caption on Instagram portraying “why it’s better out here,” tag @REI and enter the tags #evrgrn and #REIContest in the photo caption. Together, your shared photo, photo tag, and photo caption are the “Submission.”

All requested information and material must be provided for your entry to be valid. Submissions submitted to REI in connection with the Contest will not be returned to entrants. Failure to submit all required information in the manner required in these Official Rules may result in disqualification. By uploading your Submission, you agree that your Submission conforms to the Content Guidelines and Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that REI, in its sole discretion, may remove or disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Content Guidelines and Restrictions:

Your Submission must be your original creation and owned one hundred percent (100%) by you, or alternatively you must have full rights and permissions to grant the license and rights that you grant to REI in Section 10 below;
Your Submission must not contain material that violates or infringes upon or misappropriates any person’s or entity’s rights or property including, but not limited to, the rights of privacy (including, but not limited to, publicity and/or right not to be held in a false light), publicity or any intellectual property rights (including, but not limited to, trademark or copyright rights);
Your Submission must not disparage any person or entity;
Your Submission must be tasteful, consistent with REI’s brand and image, must not be harmful to REI’s brand or image, and must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
Your Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
All statements, remarks, claims, opinions, and other representations in or conveyed by your Submission will reflect your honest views, opinions, findings, beliefs, and experiences; and
Your Submission must not contain material that is unlawful or in violation of or contrary to any applicable laws, rules, or regulations.

For All Submissions: You may submit five Submissions during the Contest Period. Submissions received from any person (using multiple or different Twitter or Instagram accounts or other applicable accounts) or email address in excess of the stated limit will be void. Entrant must have signed permission from all individuals (including without limitation parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name, likeness, persona, and image in the Submission and to grant the rights set forth herein. If requested by REI, entrant must be able to provide such permissions in a form acceptable to REI. Proof of online entry will not be deemed to be proof of receipt of entry by REI.

Judging, Winner Selection, and Notification. Entries will be judged as follows:

On or about May 28, 2015, a panel of judges chosen by REI or its designee (the “Judging Panel”) will judge the eligible entries submitted and choose one winner based on the following “Judging Criteria“:

Overall quality of the Submission (25%);
Overall creativity of Submission (25%);
Submission that best conveys the “better out here” (outdoors) storytelling in caption (25%); and
Highest number of followers on the social media account(s) (Twitter and/or Instagram) where the Submission has been posted (25%).

The potential winner will be selected at REI Headquarters on or about May 28, 2015 and notified by social media posting promptly after the selection. In the unlikely event of a tie, the applicable winner will be determined by the entrant’s score in the following judging criteria: Overall quality of the Submission. To claim a prize, the potential winner should follow the instructions contained in his/her notification. Winner and Guest are subject to verification and must pass a background check before staying at the Loft.

Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted during the registration of the relevant Twitter or Instagram account used to submit the entry/entries. An “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. The potential winner may be required to provide REI with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
One winner will win the following trip prize package (“Trip” or “Prize”):

Reservations for winner and one guest who is 18 or older (“Guest”) to stay in an apartment in the San Francisco Bay Area from June 5, 2015 to June 7, 2015 (i.e., two nights’ stay) (the “Loft”). Approximate retail value (“ARV”): $900.
Reimbursement of up to $500 per person in the form of a Visa gift card for winner and Guest toward roundtrip coach airfare from a major airport closest to winner’s place of residence within the 50 United States or District of Columbia to any San Francisco Bay Area airport. ARV: $1,000.
Reimbursement of up to $100 for winner and Guest toward roundtrip ground transportation between any San Francisco Bay Area airport and the Loft. ARV: $100.
A $150 Visa gift card per person for winner and Guest for food. ARV: $300.
A $150 Visa gift card per person for winner and Guest for entertainment. ARV: $300.

Total, combined ARV of all prizes: $2,600.

Odds of winning a prize depend on the number and quality of eligible Submissions received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. The prizes will be awarded. If a prize is returned as undeliverable or otherwise not claimed within 24 hours after delivery of notification, the prize will be forfeited and awarded to an alternate winner selected by the Judging Panel from all of the remaining eligible entries based on the Judging Criteria. Prizes are not transferable, nor are they eligible for the REI member refund. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that REI reserves the right to substitute a prize of comparable or greater value for the prize. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Conditions of Trip. REI or its designee will select the Trip airline and Loft. Except as otherwise stated above, winner and Guest are responsible for ground transportation to and from the airports and hotel, all meals and all other expenses that winner and Guest incur in connection with the Trip. The Guest must sign an affidavit, liability release, and name and likeness release, as well as any other releases and waivers required by Sponsor, before taking the Trip (flight, ground transportation, etc. portions of the prize package). Failure to complete, sign, and return such required documents in a timely manner may result in disqualification from the prizes and Trip. Winner and Guest must comply with all rules and guidelines associated with the Trip, including, for example, any rules and guidelines for staying at the Loft provided by REI or its designee.
Representations and Warranties; Non-Infringing Entry Materials. You hereby represent and warrant that (a) you have the right to grant the rights granted herein (including without limitation in Section 10 below) or, alternatively, you have obtained all necessary rights and permissions to use and submit your Submission in connection with the Contest and to provide all the rights specified in these Official Rules; and (b) your Submission and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including without limitation any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
License to Submissions. By entering the Contest and submitting your Submission, you hereby grant to REI (and REI’s licensees and assigns) a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including without limitation any names, likenesses, or personas shown in the Submission), in connection with the Contest and for any other purpose (including without limitation for entertainment, instruction/education, advertising, marketing, promotional and/or publicity purposes), and to incorporate Submissions (in whole or in part) into other works in any manner, form, media or technology now known or later developed. In addition to the other rights, releases, and waivers herein, you hereby waive any so-called moral rights (e.g., creative and attribution rights) in your Submission. REI will have no obligation to publish or use or retain any Submission you submit or to return any such Submission or Contest entry materials to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You also agree to take, at REI’s expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by REI to effect, perfect, or confirm REI’s rights set forth in this paragraph and elsewhere in these Official Rules. You will not be entitled to compensation for any use by REI, or its agents, licensees or assignees, of your Submission.
No Twitter or Instagram Endorsement.This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. You understand that by using and interacting with twitter.com and www.instagram.com and their software applications, you are subject to the terms, conditions, and policies that govern the use of the Twitter and Instagram websites and software applications. You should therefore review the applicable Twitter and Instagram terms and policies, including privacy and data gathering practices, before using or interacting with Twitter or Instagram.
General Release. By entering the Contest, you release REI and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR OR ANY RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ENTRANT’S PARTICIPATION IN THIS CONTEST, OR USE OF OR INABILITY TO USE ANY PRIZE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE CONTEST, INCLUDING ANY EQUIPMENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU.
Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winner’s name, Twitter and Instagram username, hometown, likeness and/or prize information, without limitation, for advertising, marketing, promotional and publicity purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, Twitter and Instagram username, hometown, likeness and/or prize information, without limitation, for advertising, marketing, promotional, and publicity purposes without further permission or compensation.
Privacy. See REI’s Privacy Policy at rei.com/help/privacy-policy.html for more information about how REI collects, uses, and discloses personal information.
Affidavit and Release. As a condition of being awarded any prize, winner may (in REI’s discretion) be required to execute and deliver to REI a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by REI in its sole discretion.
Winner List; Rules Request. For the Contest winner list, send an email with subject line: “REI Better Out Here Contest” to socialmedia@rei.com after June 5, 2015 and by June 5, 2016. To obtain a copy of these Official Rules, send an email with subject line: “REI Better Out Here Contest” to socialmedia@rei.com. You understand and agree as follows: if you are a winner, your name and hometown (city and state) may be disclosed to others who request a copy of the Contest winner list.
Intellectual Property Notice. REI and RECREATIONAL EQUIPMENT, INC. are trademarks of Recreational Equipment, Inc. The Contest and all accompanying materials are copyright 2015 by Recreational Equipment, Inc. All rights are reserved.
Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Contest or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. Notwithstanding the preceding sentence, neither you nor Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The state or federal courts in King County, Washington, will have exclusive jurisdiction over any suit not subject to arbitration. You and Sponsor will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in King County, Washington, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award. The Contest and these Official Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the State of Washington, U.S.A., without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and Sponsor will not commence against the other a class action, class arbitration, or other representative action or proceeding.
Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please e-mail them to promotions@rei.com or send written questions to the address listed below, Attn: REI Better Out Here Contest Questions.
Sponsor: Recreational Equipment, Inc., PO Box 1938, Sumner, WA 98390. REI is a national retailer of quality outdoor gear and apparel.