Shift Into Winter Giveaway

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Official rules and guidelines below:

Winter is fast approaching and to celebrate the changing of the seasons, Bent Gate Mountaineering is teaming up with Atomic for the #ShiftintoWinter photo contest on instagram.  Tag your best ski photos from past seasons for entry. Best photo will win a pair of Atomic’s new Backland Shift Bindings! Contest runs now through October 2nd! Multiple entries are allowed and encouraged.

To enter a photo, take the following steps:

  1. Follow @bentgate_mountaineering on Instagram
  2. Post a ski related photo to your Instagram account
  3. Use hashtags #ShiftintoWinter and #weareskiing
  4. Tag with @Bentgate_mountaineering, @atomic, and your backcountry partner
  5. Pray for snow!

Bent Gate Mountaineering's #shiftintowinter Photo Contest Official Rules

PROMOTER:

The Bent Gate Mountaineering's #shiftintowinter Photo Contest Contest is promoted by Bent Gate Mountaineering Inc, 1313 Washington Ave, Golden, CO 80401(“Promoter”).

ELIGIBILITY:

NO PURCHASE NECESSARY TO ENTER OR WIN.

ENTRANTS:

Bent Gate Mountaineering's #shiftintowinter Photo Contest(“Promotion”) is open to legal residents of the U.S.A. and Canada (void in Quebec, U.S. overseas territories and where prohibited and/or restricted by law), who have reached the age of at least eighteen (18) years old as of the first day of the Entry Period as defined below (“Entrant”). This Promotion is subject to all applicable federal, state and local U.S. laws.

To enter Promotion, participant must be a qualified Entrant and must: (1) Have a valid Instagram handle (2) Not be a current or past employee, officer, director or agent of Promoter, or any of their respective affiliates, subsidiaries or advertising/promotion agencies (collectively “Promoter and Its Affiliates and Related Individuals”); and (3) Not be an immediate family member or living in the same household of any individual identified in (2) above.

CONTEST PERIOD:

The Promotion will begin at 12:00 PM Mountain Standard Time on Wednesday, Sept 5, 2018 and ends at 11:59 PM Mountain Standard Time on Tuesday, Oct 2, 2018  (“Contest Period”). Promoter’s computer is the official timekeeping device for the Promotion.

ENTRY PERIOD:

The Promotion Entry Period will begin at 12:00 PM Mountain Standard Time on Wednesday, Sept 5, 2018 2018 and ends at 11:59 PM Mountain Standard Time on Tuesday, Oct 2, 2018 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Promoter’s computer is the official timekeeping device for the Promotion.

HOW TO ENTER / ENTRIES:

All images must be submitted through the Instagram App or website (http://instagram.com) (“Website”) during the Entry Period by following the entry instructions on the @bentgatemountaineering profile or website (www.bentgate.com/shift-into-winter-giveaway/) Promoter (“Entry” or “Entries”). Incomplete Entries are void. Handwritten and emailed entries will not be accepted. Entries will be deemed made by the authorized account holder of the Instagram handle submitted at time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram handle by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning Instagram handle for the domain associated with the submitted e-mail address. The potentially winning Entry may be asked to provide the Promoter with proof that the potential Entrant is the authorized account holder of the Instagram handle and has rights to the submitted photos.

SUBMISSION OF PHOTOGRAPHS / SPECIFICATIONS:

All Entrants must complete the following steps to have Entries considered for Contest

  1. Follow @bentgate_mountaineering on instagram
  2. Post a Ski related photo.
  3. Use hashtags  #ShiftintoWinter and #weareskiing
  4. Tag with @Bentgate_mountaineering, @atomicski, and your backcountry partner.

All winning Entries must be made available for re-submission in their original size for the potential inclusion in both the Bent Gate Mountaineering's #shiftintowinter Photo Contest gallery.

Entrant must be able to disclose to the Promoter when and where the photograph appeared previously, upon request. Entrants may submit as many photographs as Entrant would like, but the same photograph may not be submitted multiple times. Any subsequent entries of a photograph entered will not be considered. Entry information will not be acknowledged or returned. Due to limited server capacities, Promoter suggests Entrants submit in advance of the deadline to avoid dropouts.

All photographs should accurately reflect the subject matter and the scene as it appeared. Photographs in the Entry that have been digitally altered beyond standard optimization (standard optimization includes removal of dust, cropping, reasonable adjustments to exposure, color and contrast, etc.) will be disqualified from Promotion. Entries may originate in any format — including, but not limited to digital files, digital prints, color transparencies, color prints, or black and white prints — so long as they are submitted electronically on Instagram. Multiple exposures that have been combined to produce a single “High Dynamic Range” image are acceptable. Digital images that are sent via mail or email will not be accepted.

SELECTION OF  WINNER:

Judging will be conducted by a panel of the Promoter’s employees (the “Panel”). There will be a total one (1) Winner selected from all valid Entries. The Panel will evaluate all valid Entries and All judging decisions are final. Please do not contact Promoter about the status of Entries or judging. The one (1) Winner, will be notified on or around Thursday, Octorber 4th, 2018 by instagram handle provided via Winner’s Entry.

PRIZES:

One (1) Winner chosen by the Panel from the pool of “entries” will recieve an 2018 Atomic Backland Shift Binding and free mount from Bent Gate Mountaineering.  Prizes are NON-TRANSFERABLE AND MAY NOT BE SOLD; no substitutions or cash awards allowed. All federal, state and local taxes (if any) are the sole responsibility of the Winner and Grand Winner. All details of any Prizes not specified herein shall be determined solely by Promoter.

Except where prohibited, Winners will be required to complete and return an affidavit of eligibility, including proof of age, and liability/publicity release within 10 days of the first notification attempt on Oct 4th, 2018. If a Winner fails to return these documents on time, an alternate Winner will be selected per the Promotion’s Official Rules 

To claim Prizes, the Winner must respond as directed within (72) seventy-two hours of the first notification attempt on Oct 4th, 2018. If the Winner cannot be reached or fail to timely respond or comply with any of these requirements, or if Promoter determines the Winner ineligible or disqualified, then, in Promoter’s sole discretion, the Prizes forfeited. In such event, an alternate Winner will be selected out of the remaining entries. Promoter’s computer is the official timekeeping device for the Promotion.

By accepting Prizes, the Winner grants permission for Promoter’s use of the name, likeness, photograph,for advertising/publicity purposes without further compensation or permission, unless prohibited by law. Winner assume sole responsibility for all costs and other expenses associated with the Prizes not explicitly outlined above.

QUALIFYING CRITERIA:

By submitting photograph(s) as Entry to the Promotion, Entrant confirms:

That Entrant has permission from any individual photographed or depicted within the Entry, and Entrant has obtained the necessary releases from the individuals depicted, and must be able to provide copies of those releases to Promoter upon request;

That any individual photographed or depicted within the Entry was at least eighteen (18) years old when the photo was taken.

That Entrant agrees not to submit any Entries of a pornographic or illegal nature as well as skiing specific photos, and that the Promoter reserves the right to remove and disqualify any Entries of such nature;

That Entrant agrees that Entrant is the sole owner and copyright owner of the Entries;

That Entrant grants the Promoter and Sponsors of the Promotion and its associated agencies, permission to use Entrant’s name and/or Entries for promotion, marketing or other purposes - including but not limited to publishing Entries in Bent Gate Mountaineering's #shiftintowinter Photo Contest issue and any of Promoter’s other media - in perpetuity across all media.

Promoter and Its Affiliates and Related Individuals will not accept correspondence or telephone inquiries regarding the status of Entries or the administration of the Promotion. All early, late, lost, misdirected, incomplete, undelivered, scrambled or destroyed Entries are ineligible Entries, regardless of the reason or party responsible. False or deceptive Entries or acts will render the Entrant ineligible. Entries become the official property of the Promoter and will not be acknowledged or returned.

By entering the Promotion, Entrant hereby warrants that all information submitted by Entrant is true, complete and current. Entries that do not comply with the requirements stated in these Official Rules of the Promotion will be disqualified. The Promoter may collect a photograph’s metadata upon Entry.

By entering the Promotion, Entrant agrees that Entrant’s photographic Entry and any other personally identifiable information collected or used in connection with the Promotion may be used by the Promoter and Sponsors of the Promotion in accordance with the Official Rules.

By entering the Promotion, each Entrant agrees to be bound by these Official Rules and by all decisions of Promoter, whose decisions regarding all aspects of the Promotion shall be final. Winners’ and Grand Winner’s name, city and state of residence may be posted on the Website. Entrant’s Instagram handlewill be shared with contest Sponsors for marketing and advertising purposes. The Promoter is in no way responsible for ensuring that any photograph submitted in an Entry meets the qualifying criteria outlined above.

CONDITIONS OF PARTICIPATION:

BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT RELEASES AND HOLDS HARMLESS PROMOTER AND ITS AFFILIATES AND RELATED INDIVIDUALS FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, EXPENSES, INJURIES, CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THIS PROMOTION OR FROM ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON DEATH, PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.

By participating in this Promotion, each Entrant further agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a state court within the State of Colorado. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Promoter in connection with the Promotion, 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 or provisions (whether the State of Colorado or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Colorado.

Promoter reserves the right, at its sole discretion, to disqualify any Entrant found or believed to be tampering with the entry or voting process or the operation of this Promotion or any website related to this Promotion, acting in violation of these Official Rules or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or Entrant. Any use of robotic, automatic, programmed or the like entry or voting methods will void all such entries by such methods, and disqualify any Entrant using any such method. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Promoter is not responsible for any incorrect or inaccurate information, whether caused by users of any website or media related to this Promotion, by any of the equipment or programming associated with or utilized in this Promotion or by any technical or human error which may occur in the processing of submissions in this Promotion. Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, any website related to this Promotion or any technical failure or malfunction. Promoter is not responsible for any injury or damage to Entrant’s or to any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of any website related to this Promotion. If, for any reason, this Promotion is not capable of running as planned, including, without limitation, by reason of infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in Promoter’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Promotion, and select winners from entries received prior to action taken as Promoter, in its sole judgment, deems fair and in accordance with these Official Rules without notice to Entrants. In the event that any legal or regulatory authority challenges this Promotion, Promoter reserves the right to discontinue or modify this Promotion, or to disqualify Entrants residing in any affected geographic areas. In such event, Promoter shall not have any liability to any Entrants who are disqualified as a result of such an action.

IN NO EVENT WILL PROMOTER AND ITS AFFILIATES AND RELATED INDIVIDUALS (EITHER JOINTLY OR INDIVIDUALLY) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS PROMOTION, ANY PRIZES WON, ACCESS TO AND USE OF THE PROMOTER’S WEBSITES OR THE DOWNLOADING OR COPYING FROM AND/OR PRINTING OF ANY MATERIAL OBTAINED FROM SUCH WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTER’S WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

ENTRANT’S RIGHTS:

By submitting photograph(s) as Entry to the Promotion, each Entrant grants Promoter and Sponsors of the Promotion and its associated agencies, a world-wide, royalty-free, non-exclusive, non-transferable, absolute and irrevocable license, right and permission to:

Use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce the information including any photograph entered as part of this Promotion, the Entrant’s name, address, Instagram handleaddress, statements, video, voice, photograph, or other likeness, in whole or in part, individually and/or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to publicity, promotion, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage, which, without limitation, includes the Promoter’s and/or Sponsors’ (including but not limited to Bent Gate Mountaineering's #shiftintowinter Photo Contest), websites and Social Media including but not limited to Instagram, Facebook, Twitter, Vimeo and YouTube pages. Each Entrant consents to any infringement of their moral rights. Nothing herein shall obligate the Promoter or the Sponsors to use the Entrant’s name, address, Instagram handle, statements, video, voice, photograph, or other likeness.

Each Entrant represents and warrants that Entrant has the right to grant Promoter and Sponsors of the Promotion the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity.

Each Entrant hereby waives any right they may have to inspect and approve the finished product and the publicity copy that may be used, and hereby release and discharge, indemnify and hold harmless the Promoter and Sponsors and their officers, directors, employees, contractors, agents, and any designees, including without limitation, the Promoter’s and Sponsors’ licensees, successors, and assigns, from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising out of or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement.

Promoter reserves the right to change or amend any of the Official Rules outlined above with adequate and fair notification to all participants involved in the promotion, and in no way is held responsible for any consequential actions stemming from these changes.