COLUMBIA SPORTSWEAR TOUGH TESTER CONTEST
OFFICIAL RULES
No Purchase Required to Enter or Win
1. Eligibility: This Columbia Sportswear Company Fall 2007 Tough Tester Contest
is open only to individuals who (a) are legal residents of the fifty (50) United
States or the District of Columbia or Canada (excluding the Province of Quebec),
and (b) are eighteen (18) years of age or older at the time of entry. Employees
of Columbia Sportswear Company and any of its affiliate companies, subsidiaries,
agents, distributors/wholesalers, retailers, advertising and promotional agencies,
and prize providers, including Mt. Hood Adventures and Collins Lake Resort, as well
as the spouse, parents, siblings and children and household members of each such
employee, are not eligible. The Tough Tester Contest is subject to all federal,
state, province, and local laws and regulations and is void in the Province of Quebec
and where prohibited by law.
2. Sponsor: The Tough Tester Contest is sponsored by Columbia Sportswear Company
("Columbia"), 14375 N.W. Science Park Drive, Portland, Oregon 97229, U.S.A.
3. Agreement to Official Rules: Your participation in the Tough Tester Contest constitutes
your full and unconditional agreement to and acceptance of these Official Rules
and the decisions of Columbia, which are final and binding. Winning a prize is contingent
upon fulfilling all requirements set forth herein in a timely manner.
4. Entry Period: The entry period for the Grand Prize begins on September 24, 2007
at 12:01 a.m. Pacific Time ("PT") and ends on December 9, 2007 at 11:59 p.m. PT
(the "Entry Period"). The entry period for Interim Prizes begins on Monday and ends
on Sunday of each week beginning September 24, 2007. Weekly entries will be selected
by Columbia and posted by the Monday following the interim entry period for public
review and comment during the following week.
5. How to Enter: Visit www.columbia.com/testedtough during the Entry Period and
complete the online entry form. After you have completed the entry form, confirmed
eligibility and agreed to the Official Rules, you may submit a story that describes
how you test your Columbia products or how you think Columbia should test its products.
Online entry into the Tough Tester Contest must be completed in a single, continuous
session during the Entry Period. To qualify, your entry and related materials must:
5.1. Include a story of up to 700 characters (including spaces) describing how you
test your Columbia products or how you think Columbia should test its products.
5.2. Be truthful and originally created by you.
5.3. Not include any other identifiable people or material in which a third party
has intellectual property rights in any form or of any kind.
5.4. Not, in the sole discretion of Columbia, be obscene, indecent, offensive, violent,
hateful, or libelous or contain any other content otherwise prohibited by law or
inconsistent with the purposes of the Tough Tester Contest as described in these
Official Rules and related materials.
5.5. Not have been previously published, made publicly available in any manner whatsoever,
or submitted in connection with any other contest or promotion.
There is a limit of one entry per person, household, or email address per week.
Columbia will review and select up to ten (10) entries to be posted each week at
www.columbia.com/testedtough for public review and comment. You are solely responsible
for the equipment and internet access required to enter or participate in the Tough
Tester Contest. Columbia reserves the right to, in its sole discretion; restrict
participation in the Tough Tester Contest to any person at any time for any reason
and/or to disqualify any entry at any time for any reason. Any attempted entry by
any means except as permitted in these Official Rules is void. Columbia is not responsible
for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate,
garbled or illegible entries or materials; any computer, telephone, cable, network,
satellite, electronic or internet hardware or software malfunctions, failures, connections
or availability; garbled or jumbled transmissions; service provider/internet/website/usenet
accessibility or availability; traffic congestion; unauthorized human intervention;
or inaccurate capture of any information or the failure to capture any information.
6. Judging:
6.1. Interim Prizes. Visitors to www.columbia.com/testedtough will be invited to comment on and rate the entries selected by Columbia from the prior week’s entries. At the end of each week, Columbia will select a winner based on average rating, number of ratings, and quality of comments, subject to verification as provided below. There is a limit of one interim prize per entrant or household during the Entry Period. Interim prize winners will be eligible to win the Grand Prize.
6.2. Grand Prize. Between December 10, 2007 and January 4, 2008, all eligible entries
received during the Entry Period (including entries that have been selected as interim
prize winners) will be evaluated by Columbia. Each entry will be judged in part
based on the originality, uniqueness, and creativity of the story and any supporting
photograph(s). Based on the results of this evaluation, a Grand Prize winner will
be selected by Columbia.
6.3. All Entries. By participating in the Tough Tester Contest, you agree that Columbia
and its subsidiaries and affiliates and each of their representatives, employees,
agents and contractors as well as members of the general public have the right to,
publicly and privately, (a) use, review, assess, critique, evaluate, score, verify
and judge your entry in any manner they elect, and (b) control or restrict visitor
qualification and the frequency, manner, and content of comments. Columbia’s decisions
are final and binding in all matters relating to the Tough Tester Contest, including
but not limited to entry eligibility and winner selection. If a potential winner
cannot be reasonably notified, verified or confirmed after three (3) attempts (and
further attempts at Columbia’s sole discretion), the prize is declined, or a potential
winner is not eligible for award of a prize for any reason, an alternate potential
winner will be chosen in accordance with these Official Rules.
7. Requirements of the Potential Winner: Except where prohibited, potential winner
will be required to complete and return an affidavit of eligibility (declaration
of compliance with these Official Rules), a Form W-9 (for tax reporting purposes),
and a comprehensive liability waiver and publicity release within fourteen (14)
days of the date of notification. Potential winner may also be required to complete
additional liability waivers required by third party service providers. Such liability
waivers and these Official Rules will prevent you and your successors from bringing
a lawsuit or other action against any released party, including without limitation
Columbia and its subsidiaries, affiliates, and third party service providers, and
will prevent you from recovering money damages or other legal relief from any released
party.
8. Prizes:
8.1. One (1) Grand Prize: 7-night trip for two to Portland, Oregon, including round-trip
coach airfare from the major airport nearest winner’s residence, 5 nights hotel
accommodations from Collins Lake Resort, 2 nights accommodations at a downtown Portland
hotel, up to two outdoor adventures, depending on season, from Mt. Hood Adventures,
car rental, and one head to toe outfit for the winner and one guest. Winner and
guest will meet Ma Boyle at the Columbia Sportswear Company headquarters. Approximate
retail value: $4000 U.S.
8.2. Ten (10) Interim Prizes: One article of Columbia apparel product item of the
winner’s choosing, subject to inventory availability, with a maximimum retail value
of $250 US.
8.3. Prize Conditions and Limitations. Grand Prize winner and guest must be available
during trip dates selected by Columbia in its sole discretion. Except as otherwise
expressly provided in these Official Rules, Tthe category(ies), style(s), and color(s)
of the products included in the Grand Prize and Interim Prize apparel packages,
and the timing of the delivery of such products, will be determined finalized determined
by Columbia in its sole discretion. All expenses and costs not expressly listed
in the prize descriptions above, including without limitation meals and ground transportation
to departure airport, are the sole responsibility of the winners. Prizes are nontransferable
until awarded and non-refundable and must be accepted as awarded. No cash or other
substitution may be made, except by Columbia, who reserves the right to substitute
a prize with another prize of equal or greater value if the prize is not available
for any reason as determined by Columbia in its sole discretion. Winners are responsible
for payment of all applicable taxes associated with receipt of a prize.
9. General Conditions: Columbia reserves the right to cancel, suspend, and/or modify
the Tough Tester Contest if any fraud, virus or other technical problem corrupts
the administration, security, or proper play of the Tough Tester Contest, as determined
by Columbia in its sole discretion. In such event, Columbia reserves the right to
select a winner from among the eligible entries received up to the time of the impairment
or Columbia’s identification of the impairment. Entries generated by script, macro,
robotic, programmed, or any other automated means will be disqualified. Entrants
assume all risk of lost, late, misdirected, incomplete, or illegible entries. Columbia
reserves the right in its sole discretion to disqualify any individual it finds
to be tampering with the entry process or the operation of the Tough Tester Contest
or to be acting in violation of these Official Rules or in an unsportsmanlike or
disruptive manner. Any attempt by any person to undermine the legitimate operation
of the Tough Tester Contest may be a violation of criminal and civil law, and, should
such an attempt be made, Columbia reserves the right to seek damages from any such
person to the fullest extent permitted by law. Columbia's failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision. In
the event of a dispute as to any online entry, the authorized account holder of
the e-mail address used to enter will be deemed to be the entrant. 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. All activity
arising out of and relating to the Tough Tester Contest is subject to verification
and/or auditing for compliance with the Official Rules, and you agree to cooperate
with Columbia concerning verification and/or auditing. All references to an entrant’s
status as a “winner” are subject to Columbia verification and/or auditing, in its
sole discretion. If verification activity or an audit evidences non-compliance of
an entry or entrant with the Official Rules, Columbia reserves the right to disqualify
the entrant and remove the entry from the Tough Tester Contest at any time.
10. Publicity: Except where prohibited, by participating in the Tough Tester Contest
and regardless of whether you are the winner, you grant Columbia and its subsidiaries,
affiliates, and licensees an exclusive, irrevocable license to use, alter adapt,
publish, distribute, copy, exhibit, display, market, promote, advertise, publicize
and otherwise exploit your entry, including your name, signature, photographs, likeness,
written and other entry materials, as well as additional photographs, video footage
or other images that Columbia may take of you if you are a winner, in whole or in
part, in any manner and for whatever purpose Columbia shall individually elect,
in any and all languages, and in any and all media now known or hereinafter developed,
including but not limited to, website, television, radio and/or printed materials,
worldwide in perpetuity, without further compensation, notification or permission.
You shall not claim or be entitled to receive any compensation or credit for such
use. If you are a winner, you agree to wear Columbia’s branded outerwear and apparel
as directed by Columbia during any trip, photo shoot or filming related to a Prize.
11. Privacy: All personal information submitted by you as part of this Tough Tester
Contest will be shared with Columbia and its affiliates. Except as otherwise provided
in the Official Rules and related materials, such information shall be treated in
accordance with Columbia's privacy policy, accessible from www.columbia.com. By
participating in the Tough Tester Contest, you acknowledge and agree that all information
and material, including any personal information provided in your entry materials,
affidavits and releases, will be shares with Columbia’s agents, representatives,
and other third parties involved in the execution, administration, and hosting of
the Tough Tester Contest, and may be further publicized as described above. If there
is a conflict between these Official Rules and the terms of Columbia’s Privacy Policy,
these Official Rules will govern.
12. Limitations of Liability; Disclaimer and Release: The Released Parties are not
responsible for: (a) any inaccurate information, whether caused by entrants or printing
errors; (b) unauthorized human intervention in any part of the Tough Tester Contest;
(c) technical failures of any kind, including, but not limited to electronic malfunctioning
of any network, hardware or software; (d) technical or human error which may occur
in the administration of the Tough Tester Contest, or the processing of entries;
(e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage
to persons or property including, but not limited to, death, which may be caused,
directly or indirectly, in whole or in part, from your participation in the Tough
Tester Contest or receipt of any prize. COLUMBIA AND EACH OF ITS SUBSIDIARIES, AFFILIATES,
AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL
AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, PRIZE PROVIDERS (INCLUDING COLLINS
LAKE RESORT), OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”)
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT
BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS,
PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER
NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE
OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE TOUGH
TESTER CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS
PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED
PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE TOUGH TESTER CONTEST
OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TOUGH TESTER CONTEST.
RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY
KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE TOUGH TESTER
CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY PARTICIPATING IN THE TOUGH TESTER CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE
THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY
YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH)
OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE,
POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY,
USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE TOUGH TESTER CONTEST,
OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR
IN PART.
13. Disputes: Columbia reserves the right to make all decisions, in its sole discretion,
arising out of or relating to the Tough Tester Contest, and the decisions of Columbia
are final and binding on all matters. Except where prohibited, you agree that: (a)
any and all disputes, claims and causes of action arising out of, or connected with,
the Tough Tester Contest or any prize awarded shall be resolved individually, without
resort to any form of class action, and exclusively by the appropriate court located
in the State of Oregon; (b) any and all claims, judgments, and awards shall be limited
to actual out-of-pocket costs incurred, including costs associated with entering
a Tough Tester Contest, but in no event attorneys' fees; and (c) you waive the right
to claim any damages whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, your rights
and obligations, or the rights and obligations of Columbia in connection with the
Tough Tester Contest, shall be governed by, and construed in accordance with, the
laws of the United States of America and the State of Oregon, without giving effect
to any choice of law or conflict of law rules (whether of the State of Oregon or
any other jurisdiction), which would cause the application of the laws of any jurisdiction
other than State of Oregon. You hereby submit to personal jurisdiction in the State
of Oregon. By participating in the Tough Tester Contest, you agree that Oregon will
be the exclusive forum for any formal dispute resolution.
14. Official Rules and Winners List: A copy of the Official Rules will be posted
on www.columiba.com/testedtough. You may obtain Tough Tester Contest results and
a copy of these Official Rules by sending a self-addressed, stamped envelope to
Columbia Sportswear Company, Attn: Tough Tester Contest Marketing Team, 14375 N.W.
Science Park Drive, Portland, OR 97229. Records may not be available beyond two
years following Entry Period. Vermont residents may omit return postage for Official
Rules requests.