THE NORTH FACE

YEAR TO CLIMB XPLR PASS CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.

1. Eligibility:

The North Face Year to Climb XPLR Pass Contest ("Contest" or "Promotion") is open only to legal residents of the United States, who are at least 18 or the age of majority in their jurisdiction of residence, whichever is older, and who are members of the XPLR Pass Rewards Program (if not a member, you may join the XPLR Pass Rewards Program and thereafter enter the Contest.)

The following persons are NOT eligible:

1. Employees, officers, directors and independent contractors of The North Face, a division of VF Outdoor, LLC ("Sponsor"), Probability LLC ("Administrator"), Any Road Inc. ("AnyRoad"), any health club, gym or other facility that is certified to offer indoor climbing activities in the United States (hereafter, "Climbing Gym"), their respective parent companies, divisions, subsidiaries and affiliated companies;
2. the immediate families (defined as parent, child, sibling, spouse), regardless of where they live, of such employees/officers/directors/independent contractors;
3. the members of the same household, whether related or not, of such employees/officers/directors/independent contractors;
4. individuals whose membership in XPLR Pass was terminated by Sponsor due to engaging in prohibited conduct; and
5. individuals who are otherwise not eligible to participate in XPLR Pass (including unauthorized resellers of The North Face products).

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s/Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor:

Sponsor: The North Face, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202.  

3. Administrator:

Administrator: Probability LLC, 2 Woodstock Meadows Ln, Woodstock, NY 12498.

4. Contest Schedule:

The Contest begins on or around 1:00 am Mountain Time ("MT") on June 11, 2024 and ends at 11:59 pm MT on August 26, 2024 ("Promotion Period" or "Contest Period"). AnyRoad’s computer is the official clock for this Promotion.

5. Promotion Entry:

To Enter, navigate the Internet to www.xplrpasscontest.com (the "Website"). On the Website, you must complete the entry form by providing: your full name, e-mail address, phone number, zip code and, an essay answering the question, "How does climbing inspire you?" ("Essay"). To submit Essay, the entrant must type their Essay completely in the text box portion of the entry form. Essay must be no more than 150 words. Essay must be submitted online as part of the entry form (e-mail attachments will not be accepted). ESSAY MUST BE SOLELY YOUR ORIGINAL WORK.

        

Entrant information and Essay must both be completed in the same Internet session.

TO ENTER THE CONTEST, CLICK THE CHECKBOX SIGNIFYING (A) YOU HAVE READ AND AGREE TO THE XPLR PASS TERMS AND CONDITIONS (https://www.thenorthface.com/en-us/xplrpass/terms) AND GIVE PERMISSION FOR THE NORTH FACE TO CREATE A FREE XPLR PASS MEMBER ACCOUNT ON YOUR BEHALF (IF YOU DO NOT HAVE ONE ALREADY) AND (B) YOU HAVE READ AND AGREE TO SPONSOR’S TERMS OF USE (https://www.thenorthface.com/en-us/help/terms), PRIVACY POLICY (https://www.thenorthface.com/en-us/help/privacy) AND THESE OFFICIAL RULES. IF YOU DO NOT CHECK THE BOXES INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO ALL OF THE ABOVE, YOU WILL NOT BE ENTERED IN THE CONTEST AND CANNOT WIN A PRIZE.

        

During the entry process, you may be asked to consent to receive promotional and reminder emails from Sponsor. Consenting to receive promotional and/or reminder emails is optional, does not have to be agreed to in order to be eligible to participate in the Contest and does not improve your chances of winning. In the event you do consent to receive these emails, the use of the e-mail address provided shall be subject to Sponsor’s privacy policy and you may opt out of receiving these emails at any time. 

An "Entry" consists of an individual’s registration information as well as their Essay. To submit your Entry, click the "Submit" button on the entry form. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor or Administrator of such Entry. Thank You Page merely indicates that your Entry has been received but does not constitute any representation that such Entry is eligible for the Contest. All entries must be received by 11:59 pm MT on 8/26/24.

Entry must be created for the sole purpose of this Contest (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). No part of an Entry can have been submitted to any other contest or competition (including Sponsor's 2023 Year to Climb XPLR Pass Contest) or be previously published or otherwise publicly disseminated through any media channel.

Once submitted, Essay cannot be modified by entrant. Without limiting Sponsor’s Terms of Use, by submitting an Essay, entrant gives permission (and warrants and represents that they have obtained all rights necessary to give such permission and grant the license herein described, including [as applicable] from other persons referenced in the Essay, as applicable) to Sponsor, and its designees. Entrant hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license ("License") to use entrant's Essay, name, likeness and all other information about the entrant contained in the Essay on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant's Essay, name, likeness and all other information about entrant in the Essay and make derivative works therefrom, without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor’s products, and otherwise, as stated in these Official Rules (as solely determined by Sponsor and its designees) such License will be confirmed by potential winners upon Sponsor’s request and potential winners agree to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, may result in the disqualification of the Entry and the selection of another Entry as a potential winner.

LIMIT ONE (1) ENTRY PER PERSON DURING THE CONTEST PERIOD. Entries must be manually key-stroked by the entrant. Use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete, or misdirected entries or for technological, network, programming, or electronic error/failure/malfunction of any kind that prevent Sponsor and/or Administrator from accessing and properly viewing entries.

6. Content Guidelines for Entry:

In addition to complying with all other requirements of these Official Rules, each Entry must comply with the following guidelines ("Content Guidelines"). Essays must be original and created for the sole purpose of this Contest. Participation must be effected in accordance with these Official Rules. Once submitted, Entries cannot be modified or supplemented by entrant. 

The Essay (i) must be the wholly original and sole creation of the entrant, and all right, title and interest including but not limited to the copyright in any Essay, must be owned solely by the submitting entrant; (ii) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademarks/tradenames, or rights of privacy or publicity, or contain material that is or may be considered misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (iii) may not violate any law, rule or regulation; (iv) may not contain any virus, bugs, or other deleterious material; (v) may not contain content that, for example but is not limited to, reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or other controlled substances), defamatory statements, words or symbols widely considered offensive; (vi) may not be sexually explicit or suggestive, profane or pornographic; (vii) must have been created specifically for this Contest and not have been previously posted on any media or otherwise; and each entrant warrants and represents that his/her/their Essay complies with all of those conditions. Essays cannot contain, among other things, the trademark, tradename or logo of any third party or entity or product, cannot name or describe any person (living, dead, or fictional) other than the entrant, and cannot contain any material that is protected by copyright. Essay must be truthful, reflecting the entrant’s actual beliefs as to the positive effect of a year of climbing on their lives.

7. Judging (Finalist & Winner Determination):

Administrator will review all eligible Entries received during the Contest Period to determine the top fifty (50) Entries (the "Finalists") based on the judging criteria described below, and will forward such Entries to the Judging Panel (defined below). Administrator reserves the right to advance less than fifty (50) Entries to the Judging Panel if, in its sole discretion, it does not receive a sufficient number of eligible Entries of sufficient quality.

Judging will be based on the three (3) following weighted criteria to determine the Finalists:

• Interest or passion in climbing – extent to which the Essay showcases the entrants interest or passion in climbing. (45%)
• Positive Effect- extent to which the Essay showcases how climbing has helped the entrant overcome an obstacle and/or positively contributes to their life. (35%)
• Originality & Creativity - How well does the Essay stand out from the rest of the submissions? What makes this Essay in particular memorable and special? (20%)

In the event of a tie, the Entry from among all such tied entries with the higher/highest score in the "Positive Effect" criterion will be considered one of the Finalists. Decisions of the Administrator, the Judging Panel and any additional judges [defined below] (as applicable) are final and binding in all respects.

The Finalists will be judged by a judging panel consisting of representatives of Sponsor ("Judging Panel"). The Judging Panel will then determine the top twenty-five (25) Entries from among the Finalists based on the same judging criteria identified above (each a "Winner," collectively "Winners"). For the avoidance of doubt, the ranking of the Finalists by Administrator will not be taken into account in the Judging Panel’s evaluation of the Finalists. In the event a tie remains, an additional judge of the Sponsor’s choosing will reevaluate the tied Finalists (using the above criteria). For clarity, Finalists whose Entries are not ranked in the top twenty-five (25) by the Judging Panel will not receive any prize nor will they be notified of their status.

8. Winner Notification & Verification

Potential winners will be notified by email and/or mobile phone (if provided as part of XPLR Pass membership information) on or about September 10, 2024. To remain eligible for Contest, a potential winner must still be a member of XPLR Pass at time of winner notification. Failure to respond to the initial verification email within three (3) business days after notification or return of email notification as undeliverable after three (3) attempts will result in disqualification. (If applicable, failure to respond to phone call after two [2] attempts will result in disqualification; for clarity, messages will NOT be left). Potential winners will be required to complete, sign and return within three (3) business days of date of notification an Affidavit of Eligibility, Liability Release and Indemnification, and a Publicity Release where allowed by law, W-9 tax from as well as other documents that Sponsor may require (collectively the "Prize Claim Documents").† If the Prize Claim Documents are not returned to Administrator within the specified time period, or if any prize notification or prize is returned as non-deliverable, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or declines a prize for any reason prior to award, prize may be forfeited and potential winner may be disqualified and an alternate winner may be selected (i.e. the Entrant with the next highest score from the Judging Panel round as per Rule 7 above.)

†Prize Claim Documents are in addition to any waivers/releases that may be required by designated Climbing Gym in conjunction with activating membership.

In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized account holder of the e-mail account used to register for XPLR Pass. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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.

9. Prizes and Approximate Retail Values ("ARV")

Grand Prize (Twenty-Five [25] Winners): Twenty-five (25) Grand Prize winners will each receive a one (1) year basic, standard membership for one (1) person (i.e. the Grand Prize winner) to a Climbing Gym of their choosing as approved by Sponsor in its sole discretion. Grand Prize may be awarded as a membership to a designated Climbing Gym itself, as a gift card issued by a Climbing Gym, a gift card issued by a third party financial institution, or otherwise in Sponsor’s sole discretion; the form in which Grand Prize is awarded will depend on various factors, including the availability of Climbing Gyms near winner’s residence. ARV of each Grand Prize: up to $1,500.00. 

Membership is valid only for winner and is subject to any and all policies of applicable Climbing Gym. Such policies may include auto-renewal for an additional one (1) year term unless winner expressly opts-out; restrictions on locations and/or times where and/or when Climbing Gym’s facilities may be used; limitations on available programming and equipment at Climbing Gym. A valid credit card may be required to activate membership at designated Climbing Gym. If, prior to the conclusion of the one (1) year term, if (a) winner cancels membership for any reason, (b) fails to activate membership for any reason; or (c) Climbing Gym terminates winner’s membership for any reason, no alternate prize or compensation will be provided.

If a one (1) year membership is less than $1,500, the Winner will NOT receive the difference in value.

Grand Prize Winners understand and agree that climbing features certain inherent risks/dangers which may result in injury/death even with the participation of an instructor/supervisor and following all appropriate safety protocols. By way of example only, these risks include slips and falls as well as collisions with animate objects and perhaps other persons caused by climbing walls, holds, ropes, equipment; carelessness, inattention and misjudgments of winner in conjunction with engaging in climbing activity; and over-exertion. YOU ARE ADVISED NOT TO ENTER THE CONTEST IF YOU ARE NOT COMFORTABLE ACCEPTING SUCH RISKS SHOULD YOUR ENTRY BE SELECTED AND YOU ARE CONFIRMED AS A PRIZE WINNER.

A certain level of health and fitness is needed in order to participate in climbing. DO NOT ENTER THE CONTEST IF YOU DO NOT REASONABLY BELIEVE THAT YOU ARE CAPABLE OF ENGAGING IN CLIMBING ACTIVITY SHOULD YOUR ENTRY BE SELECTED AND YOU ARE CONFIRMED AS A GRAND PRIZE WINNER.

Limit one (1) Prize per person. All details of Prizes will be determined in Sponsor's sole discretion. Sponsor reserves the right to substitute Prize with a similar prize of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of the Winners; the preceding includes but is not limited to the cost of rental or purchase of necessary gear to engage in climbing activity, travel to and from designated Climbing Gym, the costs of any desired medical consultation and insurance, and any membership maintenance and/or delinquency fees that may be assessed by Climbing Gym. Prizes cannot be transferred by Winners or redeemed for cash** and is valid only for the services detailed above, with no substitution of Prize by Winner.

**If Grand Prize is awarded as a gift card (whether issued by a Climbing Gym or a third party) cash redemption of the gift card is allowed to the extent required by applicable law. Terms and conditions of gift card issuer apply to use of gift card.

All applicable federal, state and/or local taxes are the sole responsibility of the Winners. Grand Prize Winner will receive an IRS Form 1099 reflecting the actual final retail value of the Grand Prize. Grand Prize Winner may be required to submit a validly executed IRS Form W-9 and further agrees to otherwise fully cooperate with the Sponsor/Administrator as to their compliance with governmental tax-reporting requirements.

10. Entry Conditions and Release

By entering, each entrant releases and agrees to hold harmless Sponsor, Administrator, AnyRoad, Meta Platforms, Inc., X (formally Twitter, Inc.), each of their respective parent companies, divisions, subsidiaries and affiliated companies, and all of their respective officers, directors, employees, agents, shareholders and representatives (collectively, the "Released Parties") from and against any and all claims, expenses and liability, including but not limited to negligence, damages, or injury of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, participation in the Promotion, acceptance or use or misuse of prize (if applicable); and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize (if applicable). To the fullest extent permitted by law, entrant agrees that, by entering the Promotion, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or the award of prizes, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any), but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses (if any) as well as waiving any right to equitable relief.

11. Publicity

Except where prohibited, acceptance of prize constitutes winner’s consent to Sponsor’s and its agents’ use of winners’ name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or review/approval of any kind.

12. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it, if any fraud, technical failures, pandemic/epidemic, materials shortage, civil commotion, riot, strike, natural disaster of any kind or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest, as determined by Sponsor/Administrator in their sole discretion. In such event, to the extent feasible, Sponsor shall endeavor to conduct the Contest and select the prize winners via judging as set forth above from all eligible Entries received prior to and/or after the action taken by Sponsor (as appropriate) or otherwise in a manner which Sponsor/Administrator determines in their sole discretion is fair, appropriate and consistent with these Official Rules. Notification of such action by Sponsor will be posted on the XPLR Pass "dashboard". Sponsor reserves the right in its sole discretion to disqualify any individual Sponsor and/or Administrator find to be tampering with the procedure of participating in the Contest or the operation of the Contest, seeking to defraud Sponsor and/or Administrator as to membership in XPLR Pass (or otherwise) or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike, belligerent, anti-social or disruptive manner. Sponsor’s/Administrator’s failure to enforce any term of these Official Rules in a given circumstance shall not constitute a waiver of that provision.

13. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Promotion; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Contest, including but not limited to use of any website; (d) technical or human error, which may occur in the administration of the Contest or the processing of XPLR Pass memberships and/or Contest Entries; or (e) 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 Contest or receipt or use or misuse of any prize (if applicable).

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 Contest to the extent feasible; and, if not feasible, Released Parties shall not have any liability of any kind. No more than the stated number of prizes (i.e., fifty [50] prizes) will be awarded.

14. Disputes; Choice of Law

Except where prohibited, entrants agree that any and all disputes, claims, and causes of action arising out of or connected with this Contest , or the awarding of prizes/determination of prize winners, shall be resolved pursuant to the internal, substantive law of Colorado (i.e., without regard to choice of law/conflict of law rules of Colorado or of any other jurisdiction) in the United States District Court for the District of Colorado (in Denver) or Colorado State court situate in Denver, Colorado and you agree to the personal and exclusive jurisdiction of such courts as well as waiving any right of change of venue, inconvenient forum or the like.

If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.

15. Entrant’s Personal Information

By entering the Contest, you consent to the collection, use and disclosure of your personal information for the purpose of administering this Contest, including prize fulfillment (if applicable) and membership in the XPLR Pass Rewards Program. You are strongly advised to review The North Face’s privacy policy, accessible at https://www.thenorthface.com/en-us/help/privacy , BEFORE entering the Contest (and, if applicable, joining XPLR Pass).

16. Winners’ List

For the names of winners, mail a self-addressed, stamped envelope to: The North Face Year to Climb XPLR Pass Contest Winners, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by September 20, 2024.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or X. You understand that you are providing your information to Sponsor and not to Facebook, Instagram or Twitter.