Adventure Story Contest Rules

  

1. NO PURCHASE NECESSARY TO PLAY OR WIN. THE PURCHASE OF ANY GOOD AND/OR SERVICE WILL NOT INCREASE AN ENTRANT'S CHANCE OF WINNING. This sweepstakes is sponsored by Sierra Designs (2011 Cherry St., Suite 202, Louisville, CO 80027; www.sierradesigns.com.) ("Sponsor"). The contest entry period starts on January 1, 2008 at 12:00 a.m. Pacific Standard Time ("PST") and ends on December 31, 2008 at 11:59 p.m. PST. Write in entries must be postmarked on or before December 31, 2008 and e-mail entries must be received by 11:59 PM EST on December 31, 2008 to be eligible to win. Eligibility for the contest will cease at such time and date and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive your entry for any reason, including without limitation those specified below, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible for the prize.

2. ELIGIBILITY: ONLY LEGAL RESIDENTS OF THE 50 US STATES AND THE DISTRICT OF COLUMBIA ARE ELIGIBLE TO PLAY OR WIN, EXCEPT FOR THOSE STATES WHERE THIS CONTEST IS PROHIBITED BY LAW. Neither Sponsor nor any of its affiliates warrants that this contest is valid in any particular jurisdiction. The contest winner is not required to purchase anything to claim his or her Prize. Each participant can enter only once. If multiple entries are submitted by any person, only one entry will be entered into the contest. Accordingly, each entry must include the name and mailing address or e-mail address of the participant. In the event of a dispute, an e-mail entry will be deemed to have been submitted by the owner of the e-mail account from which it was sent. For these purposes, an e-mail account holder shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. Employees of Sponsor, Kellwood Company, or any of their affiliates, subsidiaries, retailers, advertisers, advertising and promotion agencies, or any company retained by Sponsor to promote, administer or provide advice with respect to the contest (and their respective affiliates), and members of any of their immediate families are not eligible to enter.

3. PRIZE (12 Monthly Prizes): Twelve (12) monthly winners will be chosen to receive a Flex Arrow Rock 30° sleeping bag at a price not to exceed $219.00 retail. Each of the twelve (12) monthly winners will be chosen from all entries received between January 1, 2008 and the last day of the month prior to the month in which the monthly winner is being announced.

   The twelve (12) monthly prizes will be awarded to twelve (12) of the best stories as judged by the judging panel. All of the stories will be judged by evaluating the stories' backcountry achievement, interesting or funny outcome, creativity, originality, and/or triumph with nature.

   The judging panel will be comprised of Sierra Design marketing personnel. All decisions of the judges will be final and binding in all respects. The winner will be required to sign and return an affidavit of eligibility, liability release, and publicity release (where legal) within 14 days of prize notification. In the event of non-compliance with any of the rules set forth herein, or any prize notification returned as undeliverable, the winner's prize may be forfeited and awarded to an alternative winner. Sierra Designs is not responsible for, and shall not be liable for, late, lost, misdirected or unsuccessful efforts to notify the winner.

   The reporting and payment of all tax liabilities incurred by any winner as a result of the contest are the sole responsibility of the winner. All federal, state, and local laws and regulations apply and entry in this contest is void where prohibited by law. Residents of jurisdictions where this contest is prohibited are ineligible to participate in the contest and cannot win the Prize. The Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except for any manufacturers warranty. No substitution of the Prize will be permitted except by Sponsor, which may substitute a prize of equal or greater value if advertised Prize becomes unavailable. The Prize is non-transferable and may not be redeemed for cash. Odds of winning will be dependent upon number of entries received.

4. ENTRY: There are two ways to enter: Either (1) by visiting the Sponsor's website (www.sierradesigns/news.adventures.html), submitting your story in 200 words or less, following all instructions, and submitting your entry by clicking on the "Submit" button as required; or (2) enter by mail by submitting your story in 200 words or less, printing your name, address, daytime telephone number and e-mail address, age, gender, city of residence, state of residence, where you were when the adventure took place and what were you doing, what makes your adventure stand out, what is your favorite Sierra Designs product and which one(s) were involved in the adventure and mail it to: Sierra Designs Adventure Story 2011, Suite 202 Cherry St. Louisville, CO 80027. A mail-in entry will be treated in the same manner as an entry received through the website. Sponsor reserves the right and at its sole discretion to reject any request of entry for failure too fully comply with the mail-in entry rules.

5. CONTEST WINNERS: On the fifteenth (15th) of each month, commencing February 15th, and continuing throughout the contest term with the last winner be chosen on January 15, 2009, one monthly prize winner will be chosen and shall be final and binding in all matters pertaining to this contest. The name of the winner will be posted at Sponsor's website (www.sierradesigns.com) each month, and the identity of the winner can be obtained by writing to Sierra Designs, 2011 Cherry Street, Louisville, CO 80027. Each monthly winner will be notified via certified mail, return receipt requested and/or by e-mail within approximately seven (7) days of choosing a winner. In the event of non-compliance with any of the rules set forth herein, or any Prize notification returned as undeliverable, the winner's Prize may be forfeited and awarded to an alternative winner. Sponsor is not responsible for, and shall not be liable for, late, lost, misdirected or unsuccessful efforts to notify the winner.

6. GENERAL: The contest and these rules are governed and to be construed under the laws of the State of Colorado. These rules will be posted at the Sponsor website. The name of the winner and a copy of these rules may be obtained at the Sponsor website or by sending a self-addressed stamped envelope to: Sierra Designs, 2011 Cherry Street, Louisville, CO 80027 within 60 days of the contest's deadline date. Residents of Vermont may omit return postage. Questions regarding this contest may be sent to Sierra Designs, 2011 Cherry Street, Louisville, CO 80027. By entering the contest, you agree to these rules and all eligibility requirements and all decisions of Sponsor. In addition, by entering the contest you agree that, if you are the winner, Sponsor (or any of its affiliates) shall have the right to use your name, address, likeness, photograph, Prize information, statements and story for all purposes, including on-line announcements and promotional purposes, advertising purposes and marketing purposes, without compensation of any kind, except to the extent prohibited by law. The winner will be required to sign a separate affidavit and release acknowledging and accepting the foregoing.

   If Sponsor does not receive your entry for any reason, including without limitation those specified below, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible for the Prize.

   Sponsor reserves the right, in its sole discretion, to adjust the dates or cancel this contest for any reason including, but not limited to, technical failure and/or unauthorized intervention. Sponsor and its affiliates, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, stolen, delayed, damaged, misdirected, inaccurate, incorrect, incomplete, or unintelligible entries or entry information, whether due to human error of technical malfunctions; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation the inability to access the Sponsor website; (iii) failed, incomplete, interrupted, garbled, or delayed transmissions; (iv) any condition caused by events beyond the control of Sponsor that may cause the contest to be disrupted or corrupted; (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 contest, or (vi) any printing or typographical errors in any materials associated with the contest. Sponsor reserves the right, in its sole discretion, to change these rules, upon proper legal notice if required by law.

   In the event the administration, security, or proper conduct of the contest is compromised in any way, electronically or otherwise, that is beyond the control of Sponsor, Sponsor reserves the right to withdraw the transmission of the contest and award Prizes only among entries received prior to the date of withdrawal. All entries become the exclusive property of Sponsor.

   By entering the contest, participant agrees to release and hold harmless Sponsor and its affiliates, partners, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the contest or acceptance, possession, or use or misuse of any Prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Participant further agrees that all rights under Section 1542 of the California Civil Code, and any similar law of any state or territory of the United States, are hereby expressly waived. That section, in pertinent part, provides: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of the executing of the release, which if known by him must materially affect his settlement with the debtor." The winner will be required to sign a separate release acknowledging and accepting the foregoing.

   Sponsor reserves the right to disqualify the entry and eligibility of any individual found to be tampering with or abusing the operation of the contest or the Sponsor website or, to be acting in violation of these rules, as solely determined by Sponsor.

   All entrants must provide name and mailing address. Additional information (i.e. telephone number) is optional. Before providing any such information, please read our Privacy Policy, which is available at www.sierradesigns.com, or can be obtained by requesting it from Sierra Designs, 2011 Cherry Street, Louisville, CO 80027. By submitting a completed entry form, you consent to the collection, processing, use and disclosure of the information contained in your entry form according to our Privacy Policy.

    

   Right of Non-Participation: Pursuant to federal law, any individual has the right to notify the Sponsor of this contest that he/she does not wish to be contacted by the sponsor regarding any future sweepstakes or contests or mailings and that Sponsor may not use any information provided to it by such individual for any purposes other than as need for this contest. The Sponsor may be so notified by mail at 2011 Cherry Street, Louisville, CO 80027 (or by calling toll free number 800-635-0461).

   If no winner qualifies for this prize, then the prize or its equivalent cash value will be awarded to a charity of the Sponsor's choice.