The Nor'easter Powered By Eastern Mountain Sports
Gear for a Year Video Contest
Sponsored By Eastern Mountain Sports, Inc. ("Sponsor")
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Void outside the United States and where prohibited by law.
All United States federal, state, and local laws and regulations apply.
Eligibility:
The Contest is open to residents of the United States, who are 18 years of age or older as of date of entry.
Employees of Eastern Mountain Sports or its advertising promotional and marketing agencies and their families and partners ("EMS Insiders") may only enter the separate EMS Insiders Pool. See below.
The Two Separate Contest Pools:
The Contest is divided into two pools of eligible entries – the General Entry Pool of all entries other than those submitted by EMS Insiders and the EMS Insider Pool for entries by EMS Insiders.
Directions will be provided at http://www.emscontest.com for the format requirements and uploading instructions for your Video submission ("Video").
Entries will not be returned and Sponsor will not acknowledge receipt of entries.
Entrant's Agreements:
By entering the Contest and in consideration of the possibility of having your Video considered for selection as the Prizewinner, you:
1) Warrant that (a) your Video is your original creation and has not been copied in whole or in part from any other work; (b) you have all rights necessary to enter your Video in the Contest and to grant the rights to use your Video specified below; (c) no other person (including individuals pictured in your Video) claims rights in your Video or has any objection to your entry of your Video or the uses authorized by you in connection with the Contest; (d) your Video does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (e) your Video has not been entered, and will not in the future be entered, in any other contest other than a contest of the Sponsor's; (f) your Video has not been published or publicly distributed or displayed previously, and will not be published, publicly distributed or displayed, in any medium for any commercial purpose; (g) you have not granted and will not grant any permissions or rights in or to your Video to any other party for such party's use for any commercial purpose;
2) Irrevocably grant to Sponsor, Vimeo LLC ("Vimeo"), and their respective agents and licensees and assigns, the unconditional and perpetual right and permission to reproduce, copy, transmit, publish, post, broadcast, display, edit, modify, alter, add to, adapt, exhibit and/or otherwise use or reuse, your Video (including any ideas, concepts, excerpts) in any media throughout the world, for any purpose, without limitation, and without compensation to you;
3) Convey and transfer to Sponsor all copyright and other rights, title and ownership in and to your Video;
4) Agree that Sponsor, Vimeo and their respective agents, licensees and assigns may use your name, city and state of residence, age, and likeness in connection with the operation and administration of the Contest and for trade, advertising, promotional and all other purposes;
5) Release and discharge the Sponsor, Vimeo, the providers of merchandise included as contest prizes, and their agents and licensees (collectively the "Contest Parties") and their respective parent, subsidiary and affiliate companies, officers, directors, and Insiders (collectively with the Contest Parties, the "Releasees") from any and all claims arising in any way from your participation in the Contest or the use of your Video (including but not limited to claims for infringement of copyright, trademark or other intellectual property rights, privacy and publicity rights) and agree to never sue or assert any claim against any of the Releasees that arises in any way from your participation in this Contest or the use of your Video;
6) Indemnify and hold Sponsor each of the other Releasees harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of your participation in this Contest or the use of your Video, including but not limited to claims of infringement or violation of copyright, trademark or other intellectual property rights, rights of publicity, or rights of privacy;
7) Agree to the Vimeo Terms of Service and related privacy policies posted on the Vimeo.
8) Agree that these Official Rules and Sponsor's interpretations of them and decisions related to the Contest are final and binding;
8) Agree that if your Video is selected as a Prizewinner, as a condition to the award of the prize, you:
In-Store and Internet Use Of Videos:
Without limiting the ways in which Sponsor may use your Video, Sponsor may, in its discretion, display and perform in its stores, on its website and on other websites, including social networking or social utility websites, with or without your name, for viewing and comment by the public.
Selection of the Prizewinner(s):
For General Entry Pool entrants:
All Videos considered eligible by Sponsor in the General Entry Pool will be posted for public voting at http://emscontest.com during the period from August 9, 2010 to August 20, 2010. A total of 2 Finalists in each category (sport/music/conservation) will be chosen based on the following criteria: Creativity and Originality, Appeal to EMS Customers, and Overall Entertainment Value, as follows:
All Videos considered eligible by Sponsor in the General Entry Pool will be posted for voting at http://intranet.ems.com (the "Insider Contest Page") during the period from August 9, 2010 to August 20, 2010. A total of 2 Finalists in each category (sport/music/conservation) will be chosen based on the following criteria: Creativity and Originality, Appeal to EMS Customers, and Overall Entertainment Value, as follows:
Final selection of the Prizewinners will take place on or about September 24, 2010. The six Finalists in each of the General Entry Pool and the EMS Insider Pool (2 per category) will be screened at the Nor’easter Gear for a Year Festival on September 24, 2010.
The winner in the General Entry Pool will receive one new Eastern Mountain Sports brand item each month from October 2010 until September 2011 (approximate retail value of $2000). The winner from the EMS Insider Pool will receive a mutually agreed upon prize in October 2010 (approximate retail value not to exceed $2000.) Winners will also have their Videos posted on www.ems.com. The Contest (and the awarding of prizes) is expressly contingent upon a sufficient number of eligible entries being received by the Sponsor, as determined by the Sponsor in its sole discretion. Prizes are not transferable; no substitutions or cash equivalents are allowed except by the Sponsor who reserves the right to award a prize (or portion of prize) of equal or greater value if the advertised prize (or portion of prize) is unavailable or if, for any reason beyond Sponsor's control, the stated prize is unable to be awarded. Potential winners will be notified by mail or e-mail at Sponsor's discretion. At Sponsor's request, the Prizewinners will be required to sign and return a Certification of Eligibility, Assignment of Rights, and Release and Indemnity Agreement within three (3) days of notification attempt, which will be sent via overnight UPS with a pre-paid UPS overnight return enclosed, or prize will be forfeited and an alternate winner selected. Return of any prize or prize notification as undeliverable may result in disqualification and alternate winner determination. Taxes related to the prizes are the sole responsibility of the individual winners. Sponsor assumes no responsibility or liability, for damages, losses or injury resulting from acceptance or use of any prize.
General Rules:
Contest participation constitutes permission for Sponsor and Vimeo, Inc. to share the participants' information with other companies providing services or prizes in connection with the Contest for use in connection with prize fulfillment and marketing programs. All entries will be treated as made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on line service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or Web Site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL SEEK CRIMINAL PROSECUTION OF AND CIVIL REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL AS SPONSOR DEEMS APPROPRIATE. Sponsor and its agents are not responsible for technical, hardware, or software malfunctions, telephone failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate or by any human error which may occur in the processing of the submissions in this Contest. Sponsor reserves the right to cancel the Contest if it becomes technically corrupted, and judge entries from the eligible online entries received prior to cancellation.
Limitation of Liability:
NEITHER SPONSOR, VIMEO NOR ANY OF THE OTHER CONTEST PARTIES, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR, VIMEO, INC., AND THE OTHER CONTEST PARTIES SHALL BE LIMITED TO THE APPROXIMATE RETAIL VALUE OF THE PRIZES AS STATED ABOVE.
Applicable Law / Dispute Forum and Limitation:
This Contest is offered only in the United States and is governed by the laws of the state of New Hampshire. Any claims by an Entrant relating in any manner to this Contest must be asserted in the federal or state courts located in New Hampshire within one year of the end of the Entry Period.
List Of Winner(s):
For the names of the Finalists or Prizewinner(s), send a stamped self-addressed envelope (VT residents may omit return postage) postmarked no later than November 2, 2010 to: Eastern Mountain Sports, Inc., 1 Vose Farm Road, Peterborough, NH 03458-2122, Attn: Video Contest.
Sponsor: Eastern Mountain Sports, Inc., 1 Vose Farm Road, Peterborough, NH 03458-2122.
Gear for a Year Video Contest
Sponsored By Eastern Mountain Sports, Inc. ("Sponsor")
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Void outside the United States and where prohibited by law.
All United States federal, state, and local laws and regulations apply.
Eligibility:
The Contest is open to residents of the United States, who are 18 years of age or older as of date of entry.
Employees of Eastern Mountain Sports or its advertising promotional and marketing agencies and their families and partners ("EMS Insiders") may only enter the separate EMS Insiders Pool. See below.
The Two Separate Contest Pools:
The Contest is divided into two pools of eligible entries – the General Entry Pool of all entries other than those submitted by EMS Insiders and the EMS Insider Pool for entries by EMS Insiders.
- How To Enter:
For General Entry Pool entrants:
The Entry Period begins at 12:00:01 AM Eastern Time on July 7, 2010 and ends at 11:59:59 PM Eastern Time on August 8, 2010 ("Contest Period").
To enter, follow the following 3 steps during the Entry Period:
- 1. Become a member of Vimeo at www.vimeo.com (Click here for instructions on joining Vimeo if you are not already a member).
- 2. Upload your video to the Video Contest group at vimeo.com/groups/noreaster2010
- 3. Complete the entry form at http://www.emscontest.com to register for the contest.
- To enter, follow the following instructions:
- 1. Email your video to Beth Marchand at bmarchand@ems.com. Include the following information:
- a. First and Last Name
- b. Store Number
- c. Email address
- d. Video name
- e. Category video is being entered into (sport, music, or conservation)
- 2. Email must be sent before 11:59:59 PM Eastern Time on August 8, 2010.
Directions will be provided at http://www.emscontest.com for the format requirements and uploading instructions for your Video submission ("Video").
- Videos must be no longer than two (2) minutes in length.
- Video must be filmed outdoors.
- Video must be relevant to and submitted to one of three categories: sport, music, or conservation.
- You may enter as often as you wish but each entry must be unique.
- Videos must be in the format indicated on the site and all videos must meet the submission rules on the site.
- Any trademark, logo, brand name or trade name (or variations or parodies of them) of any company or person, other than the Sponsor's trademarks,
- Any copyrighted work, including music, other than your work.
- Any defamatory material, obscene material, nudity, profanity, or violent or threatening images,
- Any depiction of illegal conduct, or
- Words, symbols or other material considered in the opinion of Sponsor to be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or to be likely to harm Sponsor's or another company's or person's reputation.
Entries will not be returned and Sponsor will not acknowledge receipt of entries.
Entrant's Agreements:
By entering the Contest and in consideration of the possibility of having your Video considered for selection as the Prizewinner, you:
1) Warrant that (a) your Video is your original creation and has not been copied in whole or in part from any other work; (b) you have all rights necessary to enter your Video in the Contest and to grant the rights to use your Video specified below; (c) no other person (including individuals pictured in your Video) claims rights in your Video or has any objection to your entry of your Video or the uses authorized by you in connection with the Contest; (d) your Video does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (e) your Video has not been entered, and will not in the future be entered, in any other contest other than a contest of the Sponsor's; (f) your Video has not been published or publicly distributed or displayed previously, and will not be published, publicly distributed or displayed, in any medium for any commercial purpose; (g) you have not granted and will not grant any permissions or rights in or to your Video to any other party for such party's use for any commercial purpose;
2) Irrevocably grant to Sponsor, Vimeo LLC ("Vimeo"), and their respective agents and licensees and assigns, the unconditional and perpetual right and permission to reproduce, copy, transmit, publish, post, broadcast, display, edit, modify, alter, add to, adapt, exhibit and/or otherwise use or reuse, your Video (including any ideas, concepts, excerpts) in any media throughout the world, for any purpose, without limitation, and without compensation to you;
3) Convey and transfer to Sponsor all copyright and other rights, title and ownership in and to your Video;
4) Agree that Sponsor, Vimeo and their respective agents, licensees and assigns may use your name, city and state of residence, age, and likeness in connection with the operation and administration of the Contest and for trade, advertising, promotional and all other purposes;
5) Release and discharge the Sponsor, Vimeo, the providers of merchandise included as contest prizes, and their agents and licensees (collectively the "Contest Parties") and their respective parent, subsidiary and affiliate companies, officers, directors, and Insiders (collectively with the Contest Parties, the "Releasees") from any and all claims arising in any way from your participation in the Contest or the use of your Video (including but not limited to claims for infringement of copyright, trademark or other intellectual property rights, privacy and publicity rights) and agree to never sue or assert any claim against any of the Releasees that arises in any way from your participation in this Contest or the use of your Video;
6) Indemnify and hold Sponsor each of the other Releasees harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of your participation in this Contest or the use of your Video, including but not limited to claims of infringement or violation of copyright, trademark or other intellectual property rights, rights of publicity, or rights of privacy;
7) Agree to the Vimeo Terms of Service and related privacy policies posted on the Vimeo.
8) Agree that these Official Rules and Sponsor's interpretations of them and decisions related to the Contest are final and binding;
8) Agree that if your Video is selected as a Prizewinner, as a condition to the award of the prize, you:
- will execute and deliver to Sponsor a Certification of Eligibility, Assignment of Rights, and Release and Indemnity Agreement, provided by Sponsor in which you will confirm the above representations, warranties and agreements, as required by Sponsor and
- will deliver to Sponsor all working files in any media, related to your Video and such additional files in formats required by Sponsor to allow Sponsor's use of your Video;
In-Store and Internet Use Of Videos:
Without limiting the ways in which Sponsor may use your Video, Sponsor may, in its discretion, display and perform in its stores, on its website and on other websites, including social networking or social utility websites, with or without your name, for viewing and comment by the public.
Selection of the Prizewinner(s):
For General Entry Pool entrants:
All Videos considered eligible by Sponsor in the General Entry Pool will be posted for public voting at http://emscontest.com during the period from August 9, 2010 to August 20, 2010. A total of 2 Finalists in each category (sport/music/conservation) will be chosen based on the following criteria: Creativity and Originality, Appeal to EMS Customers, and Overall Entertainment Value, as follows:
- 1. Fan vote - The one video in each category (sport/music/conservation) of the General Entry Pool receiving the most votes from visitors to the Contest Page will be Finalists. If there is tie vote for the Finalist in any category of either pool, all tied entries will be considered Finalists.
- 2. Jury vote - A panel of judges from Eastern Mountain Sports will choose a video in each category in the General Entry Pool to be a Finalist.
All Videos considered eligible by Sponsor in the General Entry Pool will be posted for voting at http://intranet.ems.com (the "Insider Contest Page") during the period from August 9, 2010 to August 20, 2010. A total of 2 Finalists in each category (sport/music/conservation) will be chosen based on the following criteria: Creativity and Originality, Appeal to EMS Customers, and Overall Entertainment Value, as follows:
- 3. Fan vote - The one video in each category (sport/music/conservation) of the EMS Insider Pool receiving the most votes from visitors to the Insider Contest Page will be Finalists. If there is tie vote for the Finalist in any category of either pool, all tied entries will be considered Finalists.
- 4. Jury vote - A panel of judges from Eastern Mountain Sports will choose a video in each category in the EMS Insider Entry Pool to be a Finalist.
Final selection of the Prizewinners will take place on or about September 24, 2010. The six Finalists in each of the General Entry Pool and the EMS Insider Pool (2 per category) will be screened at the Nor’easter Gear for a Year Festival on September 24, 2010.
- 1. Viewers at the film festival will vote for their favorite video in each of the two pools; this will result in two finalists.
- 2. A panel of judges from NE2C Productions and Nor’easter sponsors will then select the winning video for each of the General Entry Pool and the EMS Insider Pool. The Finalists will be evaluated and the Prizewinners selected according to the following judging criteria: Creativity and Originality, Appeal to EMS Customers, and Overall Entertainment Value. The Prizewinners will be announced on or about September 25, 2010.
The winner in the General Entry Pool will receive one new Eastern Mountain Sports brand item each month from October 2010 until September 2011 (approximate retail value of $2000). The winner from the EMS Insider Pool will receive a mutually agreed upon prize in October 2010 (approximate retail value not to exceed $2000.) Winners will also have their Videos posted on www.ems.com. The Contest (and the awarding of prizes) is expressly contingent upon a sufficient number of eligible entries being received by the Sponsor, as determined by the Sponsor in its sole discretion. Prizes are not transferable; no substitutions or cash equivalents are allowed except by the Sponsor who reserves the right to award a prize (or portion of prize) of equal or greater value if the advertised prize (or portion of prize) is unavailable or if, for any reason beyond Sponsor's control, the stated prize is unable to be awarded. Potential winners will be notified by mail or e-mail at Sponsor's discretion. At Sponsor's request, the Prizewinners will be required to sign and return a Certification of Eligibility, Assignment of Rights, and Release and Indemnity Agreement within three (3) days of notification attempt, which will be sent via overnight UPS with a pre-paid UPS overnight return enclosed, or prize will be forfeited and an alternate winner selected. Return of any prize or prize notification as undeliverable may result in disqualification and alternate winner determination. Taxes related to the prizes are the sole responsibility of the individual winners. Sponsor assumes no responsibility or liability, for damages, losses or injury resulting from acceptance or use of any prize.
General Rules:
Contest participation constitutes permission for Sponsor and Vimeo, Inc. to share the participants' information with other companies providing services or prizes in connection with the Contest for use in connection with prize fulfillment and marketing programs. All entries will be treated as made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on line service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or Web Site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL SEEK CRIMINAL PROSECUTION OF AND CIVIL REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL AS SPONSOR DEEMS APPROPRIATE. Sponsor and its agents are not responsible for technical, hardware, or software malfunctions, telephone failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate or by any human error which may occur in the processing of the submissions in this Contest. Sponsor reserves the right to cancel the Contest if it becomes technically corrupted, and judge entries from the eligible online entries received prior to cancellation.
Limitation of Liability:
NEITHER SPONSOR, VIMEO NOR ANY OF THE OTHER CONTEST PARTIES, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR, VIMEO, INC., AND THE OTHER CONTEST PARTIES SHALL BE LIMITED TO THE APPROXIMATE RETAIL VALUE OF THE PRIZES AS STATED ABOVE.
Applicable Law / Dispute Forum and Limitation:
This Contest is offered only in the United States and is governed by the laws of the state of New Hampshire. Any claims by an Entrant relating in any manner to this Contest must be asserted in the federal or state courts located in New Hampshire within one year of the end of the Entry Period.
List Of Winner(s):
For the names of the Finalists or Prizewinner(s), send a stamped self-addressed envelope (VT residents may omit return postage) postmarked no later than November 2, 2010 to: Eastern Mountain Sports, Inc., 1 Vose Farm Road, Peterborough, NH 03458-2122, Attn: Video Contest.
Sponsor: Eastern Mountain Sports, Inc., 1 Vose Farm Road, Peterborough, NH 03458-2122.