OUTSIDE MAGAZINE "READER OF THE YEAR" CONTEST
OFFICIAL RULES
THIS CONTEST IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Outside Magazine "Reader of the Year" Contest ("Contest") begins at 12:01 PM Eastern Standard Time ("EST") on 11/15/10 and ends at 11:59:59 AM EST on 7/1/11 ("Contest Period").
HOW TO ENTER ONLINE: Submit an original essay explaining why you (herein "Entrant") or someone you know (herein "Nominee") deserves to be Outside's Reader of the Year. Essay must be in English. Beginning at 12:00:01 PM EST on 11/15/10, you may submit your Entry (defined below) by following the instructions on www.outsidereaderoftheyear.com. Entries may optionally be accompanied by a photo, and it must be in color and in JPEG or GIF file format (500k or less) ("Photo"). Essay and Photo are collectively referred to herein as "Entry." Enter as often as you wish, but each Entry entered must be substantially different. Entrants must be the sole creators of the Entries submitted in this Contest. Modifying, enhancing or altering a third party's preexisting work does not qualify as Entrant's original creation. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of submission will be considered the Entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
Entry must conform to these additional Entry Requirements in Sponsor's sole discretion:
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Entry cannot be obscene or offensive, endorse any form of hate or hate group;
• Entry cannot defame, misrepresent or contain disparaging remarks about Mariah Media, Inc. ("Sponsor") or its products, or other people, products or companies;
• Entry cannot contain trademarks, logos owned by others (except trademarks and logos owned by Sponsor), or advertise or promote any brand or product of any kind (other than those owned by Sponsor), without permission, or contain any personal identification, such as license plate numbers, personal names (without permission), e-mail addresses or street addresses;
• Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
• 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 wishes to associate; and
• Entry cannot depict, and cannot itself, be in violation of any law.
Entry must be suitable for publication at Sponsor's sole discretion. Entry may not have won previous awards, may not have been published previously, and the use of the Entry by Sponsor as outlined herein must not infringe upon any other person's rights. Any such Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. Person depicted in any photo submitted must be the Entrant or the Nominee for Outside's "Reader of the Year." If the person depicted in the photo is the not the Entrant, Entrant may be required to obtain written permission to use Nominee's photo. Proof of submission does not constitute proof of receipt. Entries must be submitted by an individual, eligible Entrant only; no group Entries allowed. All Entries become the property of Sponsor and none will be returned. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation; that Sponsor is free to disclose the ideas contained in your Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By accepting the Grand Prize, the winner agrees that his or her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion.
Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from his/her Nominee an irrevocable assignment and transfer to Sponsor all of Nominee's right, title and interest in and to the winner's Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The Nominee may be required to waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that the Nominee or may now or later have in the Entry. Should Sponsor fail to request the said Nominee's assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment(s).
ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States and D.C. who are eighteen (18) years of age or older at the time of submission. Entrant and, if applicable, Entrant's Nominee must be eighteen years of age or older. Void outside of the 50 United States, D.C., and wherever prohibited. Employees, agents, successors, and assignees of Sponsor, its advertising agencies and promotional companies involved in this Promotion, as well as family and household members of same, shall be ineligible to participate in the Promotion and shall be ineligible for any prize covered herein.
JUDGING: Entries will be judged by a qualified panel of judges, including representatives of the Sponsor, based upon the following criteria: Entrant's (or his/her Nominee) demonstrated thirst for fun/adventure OR Entrant's (or his/her Nominee) demonstrated commitment to improving the lives of others through achievements in such areas as travel, fitness, sport, environmental work, exploration, or innovation (75%); the Entrant's (or his/her Nominee) capacity to inspire others via their words or personal example (15%); and the clarity and convincing nature of essay (10%). The decisions of the judges will be final and binding on all matters relating to this Contest. Winner will be notified on or about 12/1/2011 by email, telephone and/or express mail. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.
PRIZE: One (1) Grand Prize: Winning Entrant will receive a selection of 2011 Gear of the Year-winning products valued at approximately $1,800, and including a tent, sunglasses, luggage, storm shell, sleeping bag, backpack, boots, trail and road running shoes. Winning Entrant will also receive a 3-year subscription to Outside Magazine. Total approximate retail value of prizes: $1,800.00. All prizes are subject to availability and are at Sponsor's sole discretion. Any difference between the estimated value and the actual value will not be awarded.
All other expenses on the receipt and use of the Grand Prize not specifically mentioned herein, including applicable taxes, are solely the responsibility of the Grand Prize winner. Prize is subject to availability. Any portion of this prize not accepted by Grand Prize winner will be forfeited. Prize is non-transferable and no cash equivalent or substitution of Grand Prize is offered, except at the sole discretion of the Sponsor.
NOMINEE RECOGNIZATION: Entrant's Nominee may have his/her name appear on Outside's masthead as the "Chief Inspiration Officer" until December 2012, at Sponsor's sole discretion. If the winning Entrant has designated a Nominee other than himself/herself, Nominee will not have any right or claim to the prize other than recognition by Sponsor, at its sole discretion, as "Chief Inspiration Officer.
GENERAL TERMS & CONDITIONS: Potential Grand Prize winning Entrant must execute and return an Affidavit of Eligibility and Liability/Publicity Release (where permissible) within fourteen (14) days of receipt of notification or Grand Prize will be forfeited. Potential Nominee, if not same person as the Entrant, must also execute and return an Affidavit of Eligibility and Liability/Publicity Release (where permissible) to be publicly recognized by Sponsor as "Chief Inspiration Officer" or such recognition, as described in the above, will be forfeited. If the potential Grand Prize winner (or Nominee) is considered an eligible minor in his/her state of residence, potential Grand Prize winner's (or Nominee's) parent/legal guardian must execute the Affidavit of Eligibility and Liability/Publicity Release (where permissible) on behalf of the eligible minor. If Grand Prize or prize notification is returned as undeliverable, Grand Prize will be forfeited. Submission of an Entry will constitute and signify the Entrant's agreement and consent that the Sponsor and/or the Sponsor's assignees may use the Entry, Entrant's name, photograph, likeness and/or Grand Prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited. Name and likeness of Grand Prize winner may be used by Sponsor and Sponsor's designee(s) for promotional purposes without further compensation to Sponsor or the Grand Prize winner. If the Grand Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. By submitting an Entry, Entrants agree to these Official Rules, which are final and binding in all respects. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the Entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without time limitation and without further consideration to the Entrant. Winner is solely responsible for any local, state, or federal taxes on Grand Prize. Contest is subject to all federal, state and local laws and restrictions. If, for any reason, this Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend this Contest and determine the winner from Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than one (1) Grand Prize, as stated in these Official Rules, will be awarded. By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with this Contest, will be governed by, and construed in accordance with, the laws of State of Illinois, without giving effect to any choice of law or conflict of law rules.
Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring Entrants who do not comply with these Official Rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Cook Country, Illinois. Please see the privacy policy located at www.outsidereaderoftheyear.com for details of Sponsor's policy regarding the use of personal information collected in connection with this Contest.
LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, mutilated, incomplete, or non-delivered Entries, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the submission process or operation of this Contest, or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor or its agents. As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors and each of their officers, directors, employees and agents ("Contest Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of Grand Prize, including any traveling related thereto (b) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or Grand Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
WINNER'S NAME: For the name of the Grand Prize winner available after 12/1/11, send a self-addressed stamped envelope with proper postage affixed to: Outside Magazine's "Reader of the Year" Winner, 444 N. Michigan Ave., Suite 2050, Chicago, IL 60611. Requests must be received by 1/1/12. Winner's name will be sent after winner has been verified.
SPONSOR/ADMINISTRATOR: Mariah Media, Inc., 400 Market Street, Santa Fe, NM 87501.