Diva and Conquer

Official Rules

1. ELIGIBILITY:  The Mountain Hardwear Diva and Conquer Contest is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia or Canada (excluding the Provence of Quebec) and (b) are eighteen (18) years of age or older at the time of entry.  Employees or contractors of Mountain Hardwear, Inc. or a competitor of Mountain Hardwear or any of its respective affiliate companies, subsidiaries, agents, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible.  The Mountain Hardwear Diva and Conquer Contest is subject to all federal, state/provincial, and local laws and regulations and is void outside of the U.S./Canada and where prohibited by law.

2. SPONSOR:  The Mountain Hardwear Diva and Conquer Contest is sponsored by Mountain Hardwear, Inc., 14375 N.W. Science Park Drive, Portland, Oregon 97229, U.S.A. ("Sponsor").

3.AGREEMENT TO OFFICIAL RULES:  Participation in the Mountain Hardwear Diva and Conquer Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding.  Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.

4. ENTRY PERIOD:  The Mountain Hardwear Diva and Conquer Contest begins on September 24, 2007 at 12:01 a.m. Pacific Time ("PT") and ends on November 5, 2007 at 11:59 p.m. PT (the "Entry Period").

5.ENTRY: Visit http://blog.mountainhardwear.com/divas and complete the online entry form.  You must include on the entry form complete and accurate information as requested. Online entry into the Mountain Hardwear Diva and Conquer Contest must be completed in a single, continuous session during the Entry Period.  To qualify, your submission, in whole and in part, must:
a. Include an essay that is 300 words or less and at least one photo.
b. Be originally created by you.
c. Be authorized by the person you are nominating (if you are nominating someone other than yourself).
d. Not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
e. Not, in the sole discretion of Sponsor, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Mountain Hardwear Diva and Conquer Contest as described in these Official Rules and related materials.
f. Not have been previously published, made publicly available in any manner whatsoever, or submitted in connection with any other contest or promotion.
g. Not include a photographer's name on any photographic image itself.

There is no limit on the number of original entries that you may submit, however, you may not submit the same entry more than once.  No automated entry devices or programs are permitted.  You are solely responsible for the equipment and internet access required to enter or participate in the Mountain Hardwear Diva and Conquer Contest. Sponsor reserves the right to, in its sole discretion, restrict participation in the Mountain Hardwear Diva and Conquer Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason.

Any attempted entry by any means except as permitted in these Official Rules is void.  Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.   Proof of submission will not be deemed to be proof of receipt by Sponsor.

6. JUDGING:  Entries will be posted at http://blog.mountainhardwear.com/divas.  Winners will be selected by Sponsor based on a variety of criteria, including strength of essay and creativity. By participating in the Mountain Hardwear Diva and Conquer Contest, you agree that Sponsor and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to, publicly or privately, use, review, assess, evaluate, score, verify and judge your entry in any manner they elect.  The entrants whose eligible entries are selected by Mountain Hardwear as potential winners will be subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of documentation specified herein) and satisfaction of any prize-related conditions or specifications.  There is a limit of one prize per entrant or household.  Sponsor's decisions are final and binding in all matters relating to the Mountain Hardwear Diva and Conquer Contest, including but not limited to eligibility and winner selection.  If a potential winner cannot be reasonably notified, verified or confirmed within five (5) days of first notification attempt (and further attempts at Sponsor's sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be chosen in accordance with these Official Rules.

7. REQUIREMENTS OF THE POTENTIAL WINNER:  Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification.  Such liability waiver will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Sponsor and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party.

8. PRIZES:  ONE (1) GRAND PRIZE: $1,000 Mountain Hardwear Shopping Spree (the category(ies), style(s), and color(s) of the products available will be selected by Sponsor in its discretion based on availability), a training day with Mountain Hardwear athlete Lindsay Yaw, and mention in our ad in Outside magazine's Spring 2008 Buyer's Guide. Approximate Retail Value: $1,800.00 U.S.  Four (4) FIRST PLACE PRIZES:  $500 Mountain Hardwear shopping spree and mention in our ad in Outside magazine's Spring 2008 Buyer's Guide. Approximate retail value:  $500.00 U.S.  Prizes will be awarded to "diva" described in the entry, who may be different than the person submitting the entry.  Prizes are nontransferable and non-refundable and must be accepted as awarded.  No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion.  Winner is responsible for all applicable taxes associated with receipt of a prize.

9. GENERAL CONDITIONS:  Sponsor reserves the right to cancel, suspend, and/or modify the Mountain Hardwear Diva and Conquer Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Mountain Hardwear Diva and Conquer Contest, as determined by Sponsor in its sole discretion.  In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment.  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 Mountain Hardwear Diva and Conquer Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to undermine the legitimate operation of the Mountain Hardwear Diva and Conquer Contest 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.  In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant.  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.  All activity arising out of and relating to the Mountain Hardwear Diva and Conquer Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing.  All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing.  If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Mountain Hardwear Diva and Conquer Contest at any time.

10. PUBLICITY:  Except where prohibited, by participating in the Mountain Hardwear Diva and Conquer Contest and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Sponsor may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission.  You shall not claim or be entitled to receive any compensation or credit for such use.

11. PRIVACY:  All personal information submitted by you as part of this Mountain Hardwear Diva and Conquer Contest will be treated in accordance with Sponsor's Privacy Policy (accessible from www.mountainhardwear.com), except as otherwise described in these Official Rules and Mountain Hardwear Diva and Conquer Contest materials.  By participating in the Mountain Hardwear Diva and Conquer Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of the Mountain Hardwear Diva and Conquer Contest, and may be further publicized as described above.  If you are nominating someone other than yourself, you further acknowledge and agree that your nominee has authorized you to submit her information to Sponsor as provided herein.  In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.

12. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE:</b>  The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Mountain Hardwear Diva and Conquer Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Mountain Hardwear Diva and Conquer Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Mountain Hardwear Diva and Conquer Contest or receipt of any prize.
 
SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE.  UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES.  RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST.  RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.

BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

13. DISPUTES:  Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Mountain Hardwear Diva and Conquer Contest, and the decisions by Sponsor are final and binding on all matters relating to the Mountain Hardwear Diva and Conquer Contest.  Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Mountain Hardwear Diva and Conquer Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Mountain Hardwear Diva and Conquer Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Mountain Hardwear Diva and Conquer Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and 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 State of Oregon.  By participating in the Mountain Hardwear Diva and Conquer Contest, you agree that Oregon will be the exclusive forum for any formal dispute resolution.

14. OFFICIAL RULES AND WINNERS LIST:  A copy of these Official Rules will be posted on http://blog.mountainhardwear.com/divas. You may obtain Mountain Hardwear Diva and Conquer Contest results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Mountain Hardwear, Attn: Mountain Hardwear Diva and Conquer Contest Team, Mountain Hardwear, 4911 Central Avenue, Richmond, CA  94804.  Records may not be available after two years.  Vermont residents may omit return postage for Official Rules requests.

By submitting a Diva & Conquer nomination, you agree to the Diva & Conquer Contest Rules listed above, as well as the Terms of Use and Privacy Policy of the Mountain Hardwear website.

Click Here for a web printable version of the Diva & Conquer Official Rules

Diva and Conquer

While they divide and conquer work and family lives, today’s outdoor divas still find time to climb, bike, hike, swim, surf, trail run and paddle. We thought it high time to celebrate these amazing women.