Win $1000 in Gear Rules and Regulations:
The Clymb’s: “Win $1000 In Gear” Official Rules NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility: The Clymb’s: “Win $1000 In Gear” (the “Sweepstakes Prize Drawing”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, officers, and representatives of The Clymb and/or its parent, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. If asked, entrant must provide valid proof of age by way of valid picture identification (driver’s license, passport, state identification card, or military identification card). Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes Prize Drawing. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor: The Clymb, 1440 NW Overton Ave., Portland, OR 97209. Timing: The Sweepstakes Prize Drawing begins on Friday, June 14, 2013 at 8:00 a.m. Pacific Time (“PST”) and ends on Sunday, June 30, 2013 at 11:59 p.m. PST (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes Prize Drawing. 4. How to Enter: During the Promotion Period, you can enter the Sweepstakes Prize Drawing by [a] signing up and becoming a member of The Clymb during the month of June 2013 or [b] by inviting 10 (ten) people to join The Clymb to become new members. Invitations must be submitted through The Clymb’s invitation landing page at https://www.theclymb.com/invitations/new. Invitees much accept invitation through https://www.theclymb.com/invitations/new and join The Clymb as a member. Limit: Each participant may enter one (1) time during the Promotion Period by becoming a new member in the month of June 2013 and one (1) time during the Promotion Period by inviting ten (10) people to join and become new members of The Clymb. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. 5. Prize Drawings: The Clymb will randomly select the potential Sweepstakes Prize Drawing winner from all eligible entries received during the Promotion Period, on or around Monday, July 1, 2013. If a potential winner cannot be contacted, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Prizes will be fulfilled approximately three (3) days after the conclusion of the Sweepstakes Prize Drawing by crediting the winning Clymb member’s account. 6. Prize: ONE (1) GRAND PRIZE: “Win $1000 In Clymb Gear” includes a $1,000 merchandise credit to The Clymb to be solely used on the purchase of merchandise sold on www.theclymb.com. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The $1,000 merchandise credit to The Clymb will expire in one year on: July 1, 2014. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. 7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, The Clymb, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes Prize Drawing or receipt or use or misuse of any prize. 8. Publicity: Except where prohibited, participation in the Sweepstakes Prize Drawing constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes Prize Drawing, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes Prize Drawing, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes Prize Drawing or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes Prize Drawing may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes Prize Drawing; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes Prize Drawing; (4) technical or human error which may occur in the administration of the Sweepstakes Prize Drawing or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes Prize Drawing or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes Prize Drawing, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes Prize Drawing, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes Prize Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Oregon or the appropriate Oregon State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes Prize Drawing, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon. 12. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy. 13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than November 1, 2013. For the Winner List, send an email with subject line: “The Clymb’s: “Win $1000 In Clymb Gear” to contests@theclymb.com.