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WAY OUT THERE CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. CONTEST ORGANIZER: The “Blue Mountain Resort/Columbia Way Out There Contest 2023” (the “Contest”) is sponsored by Blue Mountain Resorts LP (“Contest Organizer”) and the address at which Contest Organizer may be contacted is Blue Mountain Resorts LP, 190 Gord Canning Drive, Blue Mountains, Ontario L9Y 1C2. Neither Columbia Sportswear Canada LP (“Columbia”) nor Instagram is a sponsor or administrator of the Contest, the Contest is in no way endorsed by either of them, and they shall have no responsibility or liability with respect to the Contest.
2. ELIGIBILITY: The Contest is only open to entrants who, as of the date of entry, are: legal residents of Canada (excluding residents of the Province of Quebec) who are eighteen (18) years of age or older and have reached the age of majority in the province in which they reside. This Contest is void outside of eligible territories (including in Quebec). Employees of Contest Organizer, Alterra Mountain Company Canada, Columbia, and each of their respective affiliates, sponsors, advertising and promotion agencies and members of the immediate family (parent, child, sibling and spouses) and of the household in which all such persons are domiciled are not eligible to enter. The Contest is subject to all applicable federal, provincial and local laws and regulations.
3. Monday, July 31, 2023 at approximately 9:00a.m. Eastern Time (“ET”) and continue through Friday, September 1, 2023 at approximately 8:00p.m. ET (the “Entry Period”). Contest Organizer’s computer is the official timekeeper for the Contest. Entries received other than during the Entry Period, and duplicate entries, will be determined ineligible and will be discarded.
4.1 (a) visit the Explore Park at Blue Mountain Resort (the “Explore Park”); (b) log into your Instagram Account and post an original photo or video on your Instagram feed of hiking, biking or exploring at the Explore Park (each, a “Photo Entry” and collectively, “Photo Entries”) and (i) @tag the Columbia Sportswear Canada account (@columbiasportswear_ca), (ii) @tag the Blue Mountain Resort account (@bluemtnresort) and (iii) use #BlueMtnWayOutThereContest; (d) follow (i) the Columbia Sportswear Canada account (@columbiasportswear_ca) and (ii) the Blue Mountain Resort account (@bluemtnresort) and” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. PURCHASE OF A LIFT TICKET OR SEASON PASS IS NOT REQUIRED TO ENTER THE CONTEST BUT IS REQUIRED TO ACCESS THE LIFTS AND THE EXPLORE PARK AT BLUE MOUNTAIN RESORT.
(a) Photo Entries must conform to the Photo Entry requirements in Section 4(c) below. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Normal Internet access and usage charges imposed by entrant’s online service will apply.
(b) Each Photo Entry must meet the following requirements, compliance with which shall be as determined by Contest Organizer in its sole discretion:
(i) The Photo Entry must have been posted to Instagram using the hashtag #BlueMtnWayOutThereContest and tagging @columbiasportswear_ca and @bluemtnresort during the Entry Period;
(ii) The Photo Entry must feature an activity at the Explore Park and may only feature the entrant (i.e., no other people may be featured in the Photo Entry), and must NOT include, depict or feature third parties, unless they are not recognizable (as determined by Contest Organizer in its sole discretion). For photos where individual persons can be recognized, you must secure a model release from the subject or the approval of a parent or guardian if the individual is under 18 years of age. Releases will need to be provided to Contest Organizer upon request;
(iv) It must be suitable for a public forum, and in keeping with Contest Organizer’s positive family friendly image, and may not be offensive or inappropriate, as determined by Contest Organizer in its sole discretion. Without limiting the foregoing, a Photo Entry must not contain any profanity, nudity or lewd gestures;
(v) It must be entirely original to the entrant, and must NOT include any mention or performance of any copyrighted media production, including, without limitation, music, films, books, television programming, etc., or identifying descriptions of any media property;
(vi) It must NOT infringe, misappropriate or violate any right of any third party, including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity, and must NOT incorporate or include anything (e.g., third party names, marks or logos) that would require the consent of any third party for the use of the Photo Entry by Contest Organizer; and
(vii) It must NOT have been previously published, submitted to another contest, won any other award, been broadcast on a media network, or submitted to any entertainment entity.
Additionally, Photo Entries are subject to Contest Organizer’s and the Instagram website’s terms and conditions regarding user generated content, which if not set forth on those websites is set forth in Section 15 below.
(c) Without limiting the generality of Section 15 below or any applicable terms and conditions of the Instagram website, each entrant agrees that Contest Organizer, its affiliates, and each of their respective successors and assigns shall each have the perpetual, royalty-free, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s Photo Entries and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any Photo Entry or submission (or any part thereof) or information or ideas contained within any Entry or submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right to use the Photo Entries and Photo Entry materials on Contest Organizer’s and its affiliates’ websites and social media outlets (the timing of any posting shall be as determined by Contest Organizer in its sole discretion, and there is no guarantee a Photo Entry will be used). Contest Organizer does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. CONTEST ORGANIZER AND ITS AFFILIATES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS FOR ANY REASON PRIOR TO USE.
(d) Each Photo Entry and all Photo Entry materials must be posted on the Instagram website during the Entry Period. Failure to post all required information and submissions in the manner required in these Official Rules may result in disqualification. ENTRY MATERIALS (INCLUDING PHOTO ENTRIES) WILL NOT BE ACKNOWLEDGED OR RETURNED, AND, IN FACT, MAY BE DELETED OR DESTROYED. RETAIN COPIES OF WHATEVER YOU SUBMIT. All entrants, participants and entries are subject to verification by Contest Organizer. Any submission that does not comply with any aspect of these Official Rules, as determined by Contest Organizer in its sole discretion, may be rejected by Contest Organizer and the entrant disqualified.
4.2 TO ENTER VIA THE FREE ALTERNATIVE METHOD OF ENTRY:
LIMIT: One (1) entry per person, per day in the Contest (regardless of method of entry). Contest Organizer will not be responsible for incomplete, lost, late, misdirected or illegible registration or failure to receive entry. Any entry that does not comply with any aspect of these Official Rules, as determined by Contest Organizer in its sole discretion, may be rejected by Contest Organizer and the entrant disqualified. Proof of submission will not be deemed proof of receipt of entry by Contest Organizer. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Wireless carrier’s data rates may apply if an entrant enters the Contest using a mobile device. All entries become the exclusive property of Contest Organizer and none will be acknowledged or returned. Entrants will cooperate with Contest Organizer and its representatives in connection with any and all verification activities. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Rules (defined below) may be disqualified by Contest Organizer.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS: The Contest will be run in accordance with these Official Rules, subject to amendment by Contest Organizer (the "Official Rules"). Entrants must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counter-offer, except as set out herein. Contest Organizer's decisions with respect to the Contest (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and awarding of a Prize) are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
7.1 Drawings; Odds. On or about September 5, 2023 at approximately 10:00a.m. ET, a random drawing from among all eligible entries received by Contest Organizer during the Entry Period will be conducted under Contest Organizer’s supervision at Contest Organizer’s offices located in Blue Mountains, Ontario. Odds of winning a prize depend on the number of eligible entries received by Contest Organizer in the Entry Period.
7.2 Notification. Three (3) potential winners will be notified by direct message on Instagram from the verified @bluemtnresort account (@bluemtnresort) on or about September 5, 2023. Each potential winner may be required to execute and return to Contest Organizer a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collective, an “Affidavit/Release”) in the form(s) provided by Contest Organizer in order to claim his/her prize. The Affidavit/Release must be returned to Contest Organizer by the date and/or time indicated within the Affidavit/Release. Each potential winner will also first be required to correctly answer, without assistance of any kind whatsoever mechanical or otherwise, a mathematical skill-testing question in no more than five (5) minutes, the test to be administered by telephone, in order to be eligible to win a prize. If a potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if a potential winner fails to correctly answer the skill testing question in the manner prescribed, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with these Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Contest Organizer in his/her place at random from among all eligible non-winning entries received by Contest Organizer for the Contest. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Contest Organizer as described above; provided, however, Contest Organizer may alter the above timing to meet its Contest schedule. Contest Organizer is not responsible for the failure of a potential winner to receive the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Contest or any prize without the express prior written permission of Contest Organizer.
9. PUBLICITY: Except where prohibited by law, acceptance of a prize constitutes a winner’s consent to Contest Organizer’s (and its successors’ and assigns’) use of a winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown and province for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
10. GENERAL CONDITIONS: Contest Organizer reserves the right to require entrants to complete, execute and deliver to Contest Organizer additional documents at any time as required, in the forms provided, and within the timeframe required by Contest Organizer, or the entrant and participants may be disqualified. Contest Organizer reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Contest Organizer’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Contest Organizer’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Contest Organizer reserves the right (but does not have the obligation) in its sole discretion to award the Prize at random. Contest Organizer 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Contest Organizer reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Contest Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
11. RELEASE: By entering the Contest, each entrant forever and irrevocably releases and holds harmless Contest Organizer, Blue Mountain Resorts GP Inc., Intrawest ULC dba Alterra Mountain Company Canada, Columbia, Instagram and their respective subsidiaries and affiliates, and each of their respective directors, officers, employees, representatives, shareholders, successors-in-interest, and agents (collectively, the “Released Parties”) from any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). Entrant also agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest.
12. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) technical failures of any kind, including but not limited to the malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail entry to be received by Contest Organizer or Alterra Mountain Company Canada on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer, related to or resulting from playing or downloading materials in this promotion; (b) any incomplete or inaccurate information, whether caused by the website users or by any equipment of programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; (c) the theft, destruction or unauthorized access to, or alteration of, entries or the website; or (d) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize, or from viewing, playing or downloading any material from Contest Organizer’s website(s), regardless of whether the material was prepared by Contest Organizer or a third party, and regardless of whether the material is connected to Contest Organizer’s websites by a hypertext link. Contest Organizer and Alterra Mountain Company Canada reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus or bug or other cause beyond the reasonable control of Contest Organizer and Alterra Mountain Company Canada or their agents corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Contest Organizer and Alterra Mountain Company Canada reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Alterra Mountain Company Canada and Contest Organizer reserve the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process.
13. DISPUTES: Entrant agrees that, except to the extent prohibited by law: (a) 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 solely and exclusively in the Province of Ontario; entrant submits to sole and exclusive personal jurisdiction to said courts in the Province of Ontario for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in connection with entering this Contest but in no event legal or attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Contest Organizer in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the Federals laws of Canada, without giving effect to any choice of law or conflict of law rules or provisions, which would cause the application of the laws of any jurisdiction other than the Province of Ontario.
Certain sections of the websites to be used in this Contest (“Sites”) allow you to submit or upload reviews, videos, photographs, or other content for viewing by the general public (collectively “User Generated Content”).
You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on the Sites. Under no circumstances will Contest Organizer or the operator of any other Site be liable in any way for any User Generated Content posted to such Sites. Such User Generated Content may be posted on or accessed through such Sites in their respective sole discretion.
Because the Sites do not control the User Generated Content posted on such Sites, they cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing such Sites, you may encounter User Generated Content that you may consider to be objectionable. No Site shall have any responsibility for any User Generated Content, including without limitation any errors or omissions therein. Such Sites are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on such Sites, whether by Contest Organizer, Site operators, individual users of the Sites, or third party contractors or licensors.
You own User Generated Content you submit, but we may use it. If any User Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Sites, you are granting the applicable Site owners and their subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through the Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through the Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
Each Site may disclose and/or remove User Generated Content. Each Site reserves the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. Each Site also reserves the right, but does not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in its sole discretion. In addition, each Site reserves the right, but does not assume the obligation, to terminate your access to and use of such Site, or to censor, edit or block your transmissions thereto, in its sole discretion. You agree that the exercise by a Site of such discretion shall not convert or transform User Generated Content to Content owned or provided by such Site, and the user who made such User Generated Content available on the Site will retain ownership thereof as described above.
It is a condition of these Terms and Conditions that you do not:
• post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
• post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission in writing or (ii) that person is fewer than eighteen (18) years old but you are his/her parent or legal guardian;
• post or transmit any User Generated Content soliciting any personal or private information from any individual;
• post or transmit any User Generated Content which contains a virus or other harmful component; or
• post or transmit any User Generated Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
16. OFFICIAL RULES: These Official Rules are available at https://www.bluemountain.ca/contests or by sending a self-addressed postage-stamped envelope to Blue Mountain Resort, Attention: Marketing, 190 Gord Canning Drive, Blue Mountains, Ontario, L9Y 1C2.