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The Outside and Proud Photo Contest
The Outside and Proud Photo Contest
The Outside and Proud Photo Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. DO NOT ENTER THIS CONTEST IF YOU ARE NOT ELIGIBLE AND CURRENTLY LOCATED IN ONE OF THE 50 UNITED STATES/D.C. CONTEST IS SUBJECT TO ALL FEDERAL AND STATE LAWS AND REGULATIONS.
#OUTSIDEANDPROUDCONTEST OFFICIAL RULES
Sponsored by Outside Interactive, Inc. (“Sponsor”)
ELIGIBILITY: Outside Interactive, Inc.’s #OutsideandProudContest (“Contest”) is open to legal residents of the Fifty (50) United States and D.C. who are twenty-one (21) years of age or older at the time of entry. Employees of Sponsors, Outside Interactive Inc., Bobo’s Bars (“Bobo’s Bars”), Pit Viper (“Pit Viper”), Brooks Running (“Brooks”), Fjällräven (“Fjällräven”), Superfeet (“Superfeet”), Outside Safe Space (“Outside Safe Space”), and Original House Wine (“House Wine”), their respective parent companies, affiliates, divisions, subsidiaries, distributors, suppliers and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Contest, and members of the immediate families (defined for these purposes as spouses, parents, children, siblings, and their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Contest is void outside of the 50 United States/D.C. and wherever prohibited or restricted by law.
CONTEST ENTRY PERIOD: The Contest begins at 12:00:00 a.m. Eastern Time (“ET”) on June 1, 2021 and ends at 11:59:59 p.m. ET on June 29, 2021 (“Contest Entry Period”).
HOW TO ENTER: First, you must take a photo that shows your Pride in the outdoors (Examples include: a photo of you skiing with a Pride flag, running while wearing Pride apparel, or biking while displaying messaging or sentiment in support of the LGBTQ+ community) (“Photo”). The Photo may be in either color or black and white. Warning: Do not consume alcoholic beverages before or during the outdoor activity depicted. See Rule 3 below for additional Photo guidelines. Then, you may enter via Instagram. To enter via Instagram, upload your Photo to your public Instagram account with the hashtag #OutsideandProudContest and @OutsideandProud (such entry and each corresponding Photo, each collectively, an “Entry”). You must follow @OutsideandProud on Instagram and have a valid, public, Instagram account. If you don’t already follow @OutsideandProud on Instagram, visit https://www.instagram.com/OutsideandProud/ and click on the “Follow” icons. A free Instagram account can be created by visiting http://Instagram.com and following the on-screen instructions to register. You may include a description of your Entry but it will not factor in the judging. You must include the #OutsideandProudContest hashtag and @OutsideandProud to receive one (1) Entry into the Contest. Any activity depicted in your Entry must not present a danger to you or others, in the sole opinion of the Sponsor. Entry must be your original creation (a modification of an existing work does not qualify as original) and you must be the sole copyright owner and author of the Entry. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entry must comply with the Entry Requirements outlined below. Entry must also comply with any applicable submission requirements as dictated by Instagram. You may submit/post as many Entries as you like, but each Entry must be substantially different. This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram, Inc. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Instagram. Enter using an Instagram account registered in your name. Multiple entrants may not share the same Instagram account. In the event of a dispute, the natural person associated with the Instagram account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro, or other automated entries (collectively “automated entries”) are permitted. Automated entries or entries that have been tampered with will result in disqualification of all such entries. By submitting an Entry, entrant acknowledges that his/her Entry may be posted across any or all of Sponsor’s digital and social media assets, at Sponsor sole discretion. Personal information collected is subject to the Sponsor’s privacy policy at [https://www.pocketoutdoormedia.com/privacy-policy/]. Upon request by Sponsor, the entrant and any identifiable person appearing in the Entry may be required to execute a liability/publicity release. Failure by entrant or any identifiable person appearing in the Entry to execute the liability/publicity release may result in the disqualification of the Entry. Anyone appearing in the Entry must be 21 years or age or older. Only the person who submitted the Entry may be entitled to a prize. No group entries allowed. Submission of an Entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt.
ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AND ANYONE APPEARING IN THE ENTRY ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, BOBO’S BARS, PIT VIPER, BROOKS, FJALLRAVEN, SUPERFEET, OUTSIDE SAFE SPACE, HOUSE WINE, INSTAGRAM, INC., THEIR RESPECTIVE PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS CONTEST, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST. ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND THOSE THAT APPEAR IN THE ENTRY AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER.
Entry must conform to the following Entry Requirements to be eligible, as determined in Sponsor’s sole discretion:
Entry cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, profane or pornographic, contain nudity;
Entry cannot promote or depict illegal drugs, tobacco, e-cigarettes, cannabinoid or THC products, or any related paraphernalia or firearms (or the use of any of the foregoing), or any political agenda or message (in the sole opinion of the Sponsor);
Entry cannot be obscene or offensive, endorse any form of hate or hate group;
Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor, Bobo’s Bars, Pit Viper, Brooks, Fjällräven, Superfeet, Outside Safe Space, House Wine, or other people, products or companies;
Entry may not include any intellectual property of third parties, including copyrighted material, or any third-party trademarks [except those of Sponsor, Bobo’s Bars, Pit Viper, Brooks, Fjällräven, Superfeet, Outside Safe Space, or House Wine];
Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Bobo’s Bars, Pit Viper, Brooks, Fjällräven, Superfeet, Outside Safe Space, and House Wine wish to associate;
Entry cannot depict, and cannot itself, be in violation of any law, terms of service, or any other agreement with third parties; and
Entry cannot depict dangerous or unsafe behavior for the entrant
Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original) and work of authorship, entrant is the sole copyright owner and author of the Entry, that the Entry is true and verifiable, that the Entry has not been previously submitted to or entered in any competition or won any awards, and that his/her Entry and its contents do not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. If the Entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render the Entry null and void. By submitting an Entry, entrant and anyone depicted in the Entry represent that they consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Entry. Winners will be disclosed in a winners list and Released Parties are not liable for any misuse of such winners list by third parties. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants and anyone depicted in the Entry agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (except as set forth herein), without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during the Contest Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging period.
JUDGING: On or about June 30, 2021, a panel of judges appointed by Sponsor will judge entries received based on the following criteria: (i) overall quality of the Photo (50%), and (ii) composition of the Photo (50%). The entrants who submit the Entries receiving the 26 highest scores will be deemed Prize winners, subject to verification of their eligibility. In the event of a tie, the Entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries using the criteria listed above. The decisions of the judges will be final and binding on all matters relating to the Contest.
LICENSE/USE OF ENTRIES: By submitting an Entry, entrant hereby grants to Sponsor a royalty free and fully paid up, irrevocable, transferable, assignable, sublicensable, worldwide perpetual license to edit, publish, use, adapt, exploit, modify, use, and otherwise exploit any Entry and any Photo (and all elements embodied therein), including, without limitation the images, names, likenesses of any persons or locations embodied therein, in print, film, television, online including on third party websites or in any other media now known or hereafter devised, without compensation, notification or permission from entrant, anyone appearing in the Entry.
PRIZES: Ten (10) Outside Prizes: Each Outside Prize winner will receive one (1) one-year subscription to Outside+. Approximate retail value (“ARV”): $99 each. Three (3) Pit Viper Prizes: Each Pit Viper Prize winner will receive one pair of 2000s sunglasses, one Pride Noso patch, one Pride pin, and one Pride flag. ARV: $152 each. Two (2) Brooks Prizes: Each Brooks Prize winner will receive one Brooks hat and one Brooks shirt. ARV: $50 each. Three (3) Bobo’s Bars Prizes: Each Bobo’s Bars Prize winner will receive a box with a selection of Bobo’s Bars from the brand’s Pride and other lines. ARV: $50 each. Two (2) House Wine Prizes: Each House Wine Prize winner will receive 12 cans of Rainbow Rose Bubbles wine. ARV: $72 each. One (1) Superfeet Prize: Superfeet Prize winner will receive one pair of Pride socks and two pairs of Superfeet insoles. ARV: $120. Three (3) Fjallraven Prizes: Each Fjallraven Prize winner will receive one Classic Kanken backpack. ARV: $90 each. Two (2) Outside Safe Space Prizes: Each Outside Safe Space Prize winner will receive two Outside Safe Space pins and three Outside Safe Space stickers. ARV: $35 each. Total ARV of all prizes: $2,300. Any gift card prizes issued are subject to the terms and conditions imposed by issuer and will not be replaced if lost. Unclaimed or forfeited prize will not be awarded. All taxes, applicable customs duties and other obligations resulting from acceptance of a prize are the sole responsibility of the winner. No substitution, transfer, or cash redemption of a prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. All prize details not specified herein shall be determined by Sponsor in its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sponsor. All prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s prize liability exceed the ARV of a prize for any reason.
WINNER NOTIFICATIONS: Potential winners will be notified by Sponsor or Sponsor’s agent by email or Instagram’s messaging system and will be required to respond to that email or message with their complete name, address, phone number, email address, and date of birth within 72 hours of such notification or prize will be forfeited and awarded to an alternate winner. Potential winners will also be required to sign and return an Affidavit of Eligibility and a Liability/Publicity release during this same time-period. If a prize notification email or message is returned as undeliverable, or a prize is refused by a notified potential winner, such prize will be awarded to an alternate winner. Failure by a potential winner to return the affidavit and the liability/publicity release within the time-period stated above will result in disqualification and the prize will be awarded to an alternate winner. All Entries shall become property of Sponsor and will not be returned. By accepting a prize, winners grant Sponsor and Sponsor’s agents, the right to use his/her name, nickname, voice, biographical information, image, social media handle, brand, personality, likeness, biography, or other indicia of identity or likeness in advertising, publicity and promotion without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to a potential winner’s email or mailing address. Potential winners may be required to demonstrate control of the Instagram account associated with a winning Entry. Prizes will be awarded to winners within 4-6 weeks from the date it is confirmed that winners have complied with the above requirements. If a winning Entry depicts individuals other than entrant, entrant may be required to assist Sponsor in obtaining signed publicity releases from all pictured individuals. If any prize or prize-related communication is returned as undeliverable, prize will be forfeited. Sponsor is not responsible for any change of Instagram account, mailing address, e-mail address, and/or telephone number of entrants. Unclaimed or undeliverable prizes may not be awarded. Failure by potential winners to respond to the email or message within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winner within a reasonable time-period may result in forfeiture of potential winning status and the Entry receiving the next highest score during Judging will be deemed a potential winner.
GENERAL TERMS & CONDITIONS: By entering the Contest, you agree to the terms of the Privacy Policy set forth herein and consent to receiving emails related to this Contest. By participating, each entrant agrees (a) to release, discharge and hold harmless Released Parties from and against any liability, claims, losses and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse or possession of a prize received in this Contest (including any personal injury, death and property damage or activity related thereto), and the Released Parties’ use of any Entry; and (b) to abide by and be bound by these Official Rules and decisions of Sponsor and judges which shall be final and binding in all respects; (c) to abide by and conform to all federal, state, local, and otherwise applicable laws and regulations; and (e) that Sponsor and their respective designees shall have the right and permission to use (unless prohibited by applicable law) the name, nickname, voice, biographical information, image, social media handle, brand, personality, likeness, biography, city, and state of residence, photographs and/or other indicia of identity or likeness of the entrant and anyone appearing in the Entry for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing, uploading, or downloading information in this Contest. Sponsor reserves the right, at its sole discretion, to modify, suspend, and/or terminate the Contest or any portion thereof) should any virus, bug, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest, and, in the event of termination, suspension or cancellation, at its discretion, to void the Entries at issue and/or terminate, cancel or suspend the Contest and, if terminated, at Sponsor’s discretion, to select winners based on judging criteria set forth in Rule #4 from all eligible, non-suspect Entries received prior to such termination using the judging procedure set forth above. In the event of any such termination or suspension, a notice may be posted on [www.outsideinc.com]. No more than the number of prizes stated herein will be awarded. In the event the Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to disqualify such person and void suspect Entries and seek damages and other remedies (including attorneys’ fees) from him/her to the fullest extent permitted by law. Entrants are subject to all notices posted online including but not limited to privacy policies. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court for the state of Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of Colorado without giving effect to any choice of law or conflict of law rules (whether of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Colorado.
LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Instagram users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, tampering with or hacking of any website, computer, network, mechanical, electronic, printing, typographical, human or other error or problem relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the announcement of the prizes, the processing or judging of Entries or in any Contest-related materials. Sponsor is not responsible for any lost, late, illegible, incomplete, postage-due, misdirected or mutilated mail, any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or may be acting in violation of the terms of Instagram or may be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. Any attempt to deliberately damage any website or undermine the legitimate operation of this Contest may be unlawful and subject to legal action by Sponsor or its agents.
WINNERS’ NAMES: For the name of the prize winners (available after June 30, 2021), send a self-addressed, stamped, business size (#10) envelope by September 21, 2021 to #OutsideandProud Winner, 5720 Flatiron Parkway, Boulder, CO 80301. Winners’ names will be sent after winners have been verified.
SPONSOR/ADMINISTRATOR: Outside Interactive, Inc., 5720 Flatiron Parkway, Boulder, CO 80301.