1. CONTEST & SPONSOR: The Marmot® Elevation Grant Contest (“Contest”) is sponsored by Marmot Mountain, LLC, 5789 State Farm Drive, Rohnert Park, CA 94928 (“Sponsor”). Certain components of the prize package are sponsored by Sony Electrics Inc., Ford Motor Company, The Coleman Company, Inc., Marmot Mountain, LLC, Peak Design, Smart Wool (a division of VF Outdoor, LLC) (each a “Prize Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC (“Instagram”) or Facebook, LLC (“Facebook”) (collectively, the “Social Media Platforms”). The Social Media Platforms are not involved in any way, other than as one of the platforms through which this Contest may be conducted. Any questions, comments or complaints about this Contest should be directed to Sponsor and not the Social Media Platforms or the Prize Sponsors.
2. AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize Package (as defined below) is contingent upon fulfilling all requirements set forth herein.
3. CONTEST PERIODS: The Contest will be defined according to the following periods:
(a) The submission period during which Entries to the Contest must be received begins at 8:00 am Pacific Standard Time (“PST”) on June 16, 2021 and ends at 11:59 pm PST on July 7, 2021 (“Submission Period”).
(b) The judging period during which Winner(s) are chosen shall be that period from the end of the Submission Period until 11:59 pm PST on July 19, 2021 (“Judging Period”).
(c) The grant performance period during which Winner(s) prepare and deliver the creative project after the Winner(s) notification, begins at 8:00 am Pacific Standard Tim (“PST”) on September 1, 2021 until 11:59 pm PST on February 15, 2022 (“Project Performance Period”).
4. ELIGIBILITY: The Contest and eligibility is subject to all federal, state, and local laws and regulations and is void where prohibited.
(a) Entrant. The Contest is only open to legal residents of the fifty (50) United States (including the District of Columbia), who are 18 years or older and are physically located within the fifty (50) United States (including the District of Columbia) at the time of Entry (as defined below) and are otherwise eligible under these Official Rules (“Entrant”).
(b) Ineligible Entrant. Employees, officers, directors, representatives or agents of: (a) Sponsor and Sponsor’s parent, subsidiary or affiliate companies (collectively, the “Sponsor Entities”); (b) Sponsor Entities’ advertising/promotion agencies and their parent, subsidiary or affiliate companies, including but not limited to, Newell Brands Inc. and its affiliate companies (collectively, the “Promotion Entities”); (c) Prize Sponsors and Prize Sponsors’ parents, subsidiaries or affiliate companies; or (d) the immediate family (as defined by the IRS) and household members (persons living in the same household at least 3 months a year, whether or not related) of any such employees, officer, directors, representative or agents of Sponsor Entities, Prize Sponsor Entities, or Promotion Entities are not eligible to enter or participate in the Contest.
5. HOW TO ENTER: An Entrant may enter the Contest in accordance with the requirements and method described below (“Entry”):
(a) Entry Content. Each Entry must include a complete application as is found at https://m.landing.page/JlmRw9 and submitted in the manner described therein, and which includes an indication whether that Entrant agrees to perform Project performance Responsibilities during the Contest Performance Period if selected a Winner (“By my submission, I agree to comply with and perform the Project Performance Responsibilities pursuant to Section 10 of the Official Rules.”).
(b) Entry Method. Entrant must submit the entry form pursuant to the instructions identified in the application as identified above, and subject to the requirements stated below. All Entries must be received during the Submission Period. Upon Sponsor’s receipt of the entry form, Entrant will receive one (1) Entry into the Contest. Only one (1) Entry per Entrant will be permitted.
Any attempted form of Entry, other than the entry methods described herein, incomplete Entries, or Entries made on another’s behalf by any other individuals or any other entity, are ineligible and will be declared invalid and disqualified from this Contest.
6. ADDITIONAL ENTRY REQUIREMENTS/RESTRICTIONS:
(a) Limits. An Entrant may only submit a single Entry and is only eligible to win one (1) time during the Contest Period. Once an Entry is submitted, it cannot be deleted, cancelled or modified. Entry in the Contest does not constitute entry into any other promotion, drawing, or contest. All Entries become the property of Sponsor and will not be acknowledge or returned.
(b) Valid Entries. Sponsor will determine in its sole discretion what constitutes a valid Entry, and Sponsor reserves the right to reject or disqualify any Entry which Sponsor determines to be inconsistent with the letter or spirit of these Official Rules, or potentially damaging to its, the Sweepstake’s, or another’s image or reputation. Entries, and all contemplated uses thereof, may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use, and without limiting the generality of the foregoing may not include any music or other content unless such music or other content is original and owned by the entrant or the entrant has obtained the necessary licenses and/or consents to feature such music or other content in the video and grant the rights granted to Sponsor herein to use the video; (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, any affiliated entity or any other person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; and (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and (xi) shall not violate any applicable federal, state or local laws or ordinances.
(c) Representations & Warranties. By submitting an Entry, Entrant represents and warrants that Entrant is the creator and sole copyright owner of the Entry, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and was created in a legal and safe manner. If the Entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, Entrant represents and warrants that Entrant has obtained, 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, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Entry.
7. JUDGING & SELECTION OF WINNER(S): Two (2) potential Contest winners (each a “Potential Winner”, collectively, “Potential Winners”) will be selected during the Judging Period from among all eligible Entries. A panel of judges, chosen by Sponsor, will judge the entries based on the following general key criteria:
(a) Entrant’s experience in the field; (b) assessment of quality and relevance of Entrant’s past work; (c) Entrant’s described needs, interests, and goals in pursuing in outdoor photography or filmaking; (d) quality and relevance of Entrant’s creative project proposal; (e) Entrant’s ability to articulate a realistic proposed budget and timeline for the creative project; and (f) Entrant’s effort in completing the application and willingness to participate fully in the grant opportunities.
8. WINNER VERIFICATION: Upon Sponsor’s receipt and verification of the Prize Claim Documents (as defined below) and after Sponsor has verified each Potential Winner’s full compliance with these Official Rules, each Potential Winner will be deemed a Winner, and will be notified as described below. If a notice is returned as undeliverable, if a Potential Winner fails to respond or execute and return any required documentation as directed, or if a Potential Winner is determined to be ineligible or disqualified for any reason, his/her Prize Package will be forfeited, and Sponsor reserves the right in its sole discretion to select an alternate Potential Winner from remaining eligible Entries following the same judging process.
(a) Notification. Sponsor will notify each Potential Winner by sending a written notification by email address provided on the Potential Winner’s Entry or within the applicable Social Media Platform, if applicable, on or around July 20, 2021 (“Winner Notification”). Sponsor is not obligated to attempt to notify or provide notification to a Potential Winner by any other method or means of communication.
(b) Prize Claim Documents. The Potential Winner must respond by email within two (2) days (or other timeframe designated by Sponsor) of issuance of a Winner Notification and provide the requested verification information (“Prize Claim Documents”). Prize Claim Documents may include, but are not limited to: (i) an executed Grant Participation Agreement governing the terms and conditions of performance during the Contest Performance Period, Affidavit of Eligibility, Liability Release, and (where applicable) a Publicity Release form; and (ii) tax forms (including I.R.S. Form W-9).
9. PRIZE PACKAGE(S): Each Prize Package does not include any taxes, surcharges, or other expenses not expressly listed herein and shall be the sole responsibility of Winner. All details and other restrictions of any Prize Package not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Prize Package is non-assignable and non-transferable. Other than as expressly permitted by these Official Rules, no cash alternative or prize substitution will be allowed, except that Sponsor reserves the right in its sole discretion to substitute any item contained in a Prize Package with an item of comparable value, if any item listed in the Prize Package is unavailable, in whole or in part, for any reason. The approximate retail value (“ARV”) of each Prize Package may vary and may change subject to current market conditions at the time of the Prize Package award.
Prize Package. Each Winner of the Contest will receive a prize package as outlined below (“Prize Package”). Each Prize Package has a total ARV as indicated below and will consist of the following:
Peak Elevation Winner (1 winner), having an ARV of $28,429.95:
· $16,000.00 cash stipend
· Bronco Sport lease for the five month grant window. Insurance included.
· $6000.00 Sony camera equipment credit*
· $1500.00 Marmot product credit*
· $1000.00 Smartwool product credit*
· $529.95.00 in product from Coleman*
· $1400.00 in product from Peak Design*
· Unique mentoring opportunity with industry professionals
Summit Elevation Winner (1 winner), having an ARV of $26,429.95:
· $16,000.00 cash stipend
· $6000.00 Sony® camera equipment credit*
· $1500.00 Marmot® product credit*
· $1000.00 Smartwool® product credit*
· $529.95.00 in product from Coleman*
· $1400.00 in product from Peak Design®*
· Unique mentoring opportunity with industry professionals
Product assortment subject to availability. Credit available for use on price of goods and any applicable taxes and shipping.
Ford® and Bronco® are registered trademarks of Ford Motor Company; Sony is a registered trademark of Sony Electrics Inc.; Smartwool® is a registered trademark of VF Corporation, LLC; Coleman® is a registered trademark of The Coleman Company, Inc.; Peak Design® is a registered trademark of Peak Design;
10. PROJECT PERFORMANCE RESPONSIBILITIES: Each Winner must perform the following during the Project Performance Period, at the reasonable direction of Sponsor:
(a) Complete creative project (“Creative”) as submitted in Entry.
(b) Minimum of two social media posts each month during the Project Performance Period. Posts month for each month of the 5-month grant window. Each post shall comply with applicable laws and endorsement guidelines, and include #Marmotelevationgrantcontest, as well as any relevant Prize Sponsor tags for each post. Prize Sponsor tags include, #marmotsponsor, #marmot, #colemansponsor, #coleman, #smartwoolsponsor, #smartwool, #sonysponsor, #sony, #peakdesignsponsor, #peakdesign, #broncosportsponsor, #broncosport.
(c) On or before January 31, 2022, submit to Sponsor twenty (20) high quality photos or five video edits (between 30 seconds to 60 seconds each). Sponsor and Prize Sponsor will have nonexclusive rights to submissions in accordance with Section 11 below. There is no obligation to include any Sponsor or Prize Sponsor(s)’ products or references to Sponsor or Prize Sponsor(s)’ products.
(d) Participate in an individual 24-hour social media takeover on Marmot.com's Instagram and Facebook accounts, to be coordinated by Sponsor. The anticipated date for these will occur during the week of February 14th, 2022.
(e) Participate in a joint 45 to 60 minute Instagram LIVE Q&A with other Winner and L Renee Blount on February 15th, 2022. Q & A to be hosted on Marmot’s and L. Renee Blount’s Instagram channels.
(f) In the Creative and any content provided hereunder, Winner agrees not to use products competing with Sponsor or Prize Sponsors.
Any of the foregoing dates subject to change at the discretion of Sponsor.
11. PUBLICITY: Except where legally prohibited, participation in the Contest and acceptance of the Prize Package constitutes Entrant’s agreement and consent to grant Sponsor Entities, Prize Sponsors, and Promotion Entities a royalty-free non-exclusive license to use, distribute, copy, publish: (a) any information provided or submitted during Entrant’s participation in the Contest; including but not limited to Entry and Prize Claim Documents, and Creative and other content provided during the Project Performance Period, and (b) a publicity release to use Entrant’s, and any other persons’ who appear in or is identifiable in the Entry, name, photograph, likeness, voice, biographical information, or statements for promotional or marketing purposes, without additional compensation, notice, review or approval. The foregoing grant shall be solely for the use of administering the Contest and to announce the Contest Winner(s). Upon request, Entrant agrees to sign documentation evidencing the rights, licenses and releases described and granted by Entrant in these Official Rules.
12. RELEASE: By participating in the Contest, each Entrant agrees to forever and irrevocably release and hold harmless the Sponsor Entities and any of its agents, sub-contractors, and volunteers, Prize Sponsors, Promotion Entities and Social Media Platforms, and all of their respective successors and assigns (collectively, the "Released Parties"), from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys' fees) which may occur in connection with the Contest or any element or participation therein, including Entry or delivery, possession, acceptance and/or use or misuse of any Prize Package or component thereof. In addition, by participating in this Contest, each Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, amounts paid in settlement, costs and expenses (including reasonable attorneys' fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Entrant hereunder, or (ii) Entrant's possession, use or misuse of any Prize Package or component thereof. Each Entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize Package (or any components thereof). Without limiting the generality of the foregoing, the Prize Package is provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
13. LIMITATIONS OF LIABILITY: The Released Parties are not responsible or liable in any part of the administration of the Contest or Entry process or the Contest for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures or human error of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention; (d) Entries, Prize Claim Documents or Winner Notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts, technical difficulties associated therewith or an Entrant's failure to adequately monitor his/her email or telephone messages; 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 Contest or receipt or use or misuse of any Prize Package. No more than the stated number of Prize Packages will be awarded. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
14. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and in the event of cancellation, suspension, and/or modification of the Contest. Sponsor 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 Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
15. SEVERABILITY: Sponsor's failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. CONSTRUCTION, CONTROLLING LAW & DISPUTE RESOLUTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE RELEASED PARTIES IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. By participating in this Contest, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against the Released Parties, relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any Prize Package, and/or (iii) the determination of the scope or applicability of the Official Rules, will be resolved individually and exclusively in the state or federal courts of the State of California. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
17. OFFICIAL RULES: To obtain a copy of these Official Rules, print this page. To obtain a copy of the winners list, send a self-addressed, stamped envelope to: Social Media Marketing, Attn: Marmot Brand, 5789 State Farm Drive, Rohnert Park, CA 94928.
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