CAIRN, INC. THE ULTIMATE SKI-CATION SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The The Ultimate Ski-Cation Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. PST on November 17, 2017 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. PST on December 1, 2017 (the “Sweepstakes End Date”), (such period referred to herein as the “Sweepstakes Period”). The Sweepstakes is sponsored by Cairn, Inc. (the “Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You are providing your information to the Sponsor and not to Facebook or Instagram. The information you provide will only be used for purposes of administering this Sweepstakes.
1. HOW TO ENTER: To enter:
a. Enter your email address at [https://www.getcairn.com/pages/ultimate-ski-cation-sweepstakes];
b. Log into your Instagram account (or create an Instagram account if you do not already have one) and follow Sponsor (@getcairn) and each of the following brands (“Brands”): Wagner Custom Skis (@wagnerskis), Deuter Sport GmbH (@deuter), ORTOVOX (@ortovox), Madeline Hotel & Residencies (@madelinetelluride) and Telluride Ski Resort (@tellurideski); and
c. Log into your Facebook account (or create a Facebook account if you do not already have one) and follow and like the Facebook pages of Sponsor and each Brand.
If you open the Facebook and/or Instagram applications on your mobile phone, standard data rates apply. Participation in the Sweepstakes is voluntary and does not require you to purchase anything from the Sponsor. To enter by mail, print your first and last name, complete address, city, state, zip code, daytime telephone number, date of birth, and e-mail address (if available) on a three-by-five-inch card. Put the card in an envelope, affix first-class postage, and send it to the Sponsor with attention to The Ultimate Ski-Cation Giveaway. No illegible, incomplete, forged or altered entries will be accepted. All entries must be received by the last day of the Sweepstakes Period. One entry per person. Mechanically reproduced entries not accepted. All entries become the property of the Sponsor and will not be returned.
2. PRIZE: There will be one (1) grand prize offered to one (1) winner of the Sweepstakes, consisting of the following:
· One (1) pair of custom skis from Wagner Custom Skis (approximate retail value (“ARV”) of $1,900). Winner’s choice of: (a) solid color graphic, stock graphic or Cairn graphic for design; (b) titanal or carbon fiber torsion for box construction; and (c) world cup or super durable for base. Wagner Custom Skis designer will assist winner through the selection process.
· One (1) Deuter Sport GmbH backpack (ARV of $169). Winner’s choice of Rise 32+ SL or Rise 34+.
· One (1) ORTOVOX outfit consisting of 185 Rock N Wool Long Sleeve (ARV of $110), 185 Rock N Wool Short Pants (ARV of $100), Merino Fleece Hoody Melange (ARV of $180), winner’s choice of La Grave or Alagna Jacket (ARV of $520), winner’s choice of La Grave or ALagna Pants (ARV of $430), each in winner’s size.
· Sponsor’s Obsidian Collection (ARV of $249).
· Two (2) night stay (one (1) room, double occupancy) at Madeline Hotel & Residencies in Telluride, CO (ARV of $[1,120]).
· Two (2) one (2)-day ski passes to Telluride Ski Resort in Telluride, CO (ARV of $[320]).
· One (1) $500 travel voucher (ARV of $500).
Odds of winning is affected by the number of eligible entries received by the Sweepstakes End Date. Total approximate retail value of all prizes: $[5,600] (actual value may vary). Allow 3-4 weeks after validation of arrangement for receipt of prize. The actual number of prizes awarded is based on the number of eligible entries received. There is no substitution, cash equivalent or transfer of prizes allowed. Winner will be solely responsible for all other expenses not specifically set forth herein. Additional terms and conditions may apply. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, winner may be required to provide proof of identification. Taxes on any prize, including income and/or sales taxes, are the sole responsibility of winner. The winner will be issued a 1099 U.S. Tax Form for the retail value of the prize.
3. ELIGIBILITY: Sweepstakes is only open to legal residents of the United States (excluding residents of New York and Florida) who are at least 18 years old at the time of entry and have Instagram and Facebook accounts. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that s/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes. SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
4. SELECTION OF WINNER: On or about December 1, 2017 the Sponsor will randomly select the winner. Winner will be selected from all eligible entries received by the Sweepstakes End Date. Winner will be notified by mail, telephone or email using the information provided on the official entry form, within 30 days of the drawing. In the event the winner does not accept the prize, the winner is ineligible, or the prize or prize notification is not deliverable an alternate winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner. Winner agrees to use of name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, winner may be required to sign and return a Publicity Consent and Liability Release.
5. CONDITIONS: The Sponsor, Facebook, Instagram and their agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond the Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the winner from all eligible, non-suspect entries received prior to such action. By participating in the Sweepstakes, participants and winner agrees to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Sweepstakes shall be governed by Oregon law.
6. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at orders@getcairn.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to Cairn, Inc., 70 SW Century Dr., Suite 100-150, Bend, OR 97702, Attention: [The Ultimate Ski-Cation Giveaway] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. Without limiting the severability provision in Section of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
7. WINNER LIST: The first name, last initial, city and state of the winner and a copy of these Official Rules will be available on-line at the Website on December 1, 2017, and for 90 days thereafter.
8. SWEEPSTAKES SPONSOR:
Cairn, Inc.
Winter 2017 Giveaway
70 SW Century Dr.
Suite 100-120
Bend, OR 97702
9. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
10. Copyright 2017 Cairn, Inc. All rights reserved. Cairn, Inc. and the associated logo are registered trademarks of Cairn, Inc. Any other trademarks (including Wagner Custom Skis, Deuter Sport GmbH, ORTOVOX, Madeline Hotel & Residencies and Telluride Ski Resort), in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.