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Revised Draft-SAS

Official Rules

NO PURCHASE NECESSARY.

Sponsor: Eagle Creek, a division of VF Outdoor, LLC, 5935 Darwin Court, Carlsbad,
CA 92008.

Open only to legal residents of the United States, 18 years of age or older, who
own or have lawful access to a mobile device that supports the free Instagram
“app.” Employees of Sponsor, its parent company, subsidiaries, affiliates, or of any
agencies/entities involved in the development, production or administration of the
Sweepstakes are not eligible to enter or win the prize. Persons who won a prize in a
sweepstakes or contest sponsored by Eagle Creek within the past six (6) month period
are also not eligible to enter or win the prize in this Sweepstakes. Sweepstakes is
offered only in the United States. Void where prohibited by law.

1. SWEEPSTAKES PERIOD: Sweepstakes begins on December 12, 2018 at or


after 8:00 a.m. PT (actual start time depends on when Sponsor publishes the
Sweepstakes post) and ends on December 13, 2018 at 7:59 a.m. PT.

2. HOW TO ENTER: Log into your public Instagram account, follow the official
Eagle Creek Instagram account, www.instagram.com/eaglecreek (@eaglecreek)
[if you do not already]; like the Sweepstakes post and comment on the
Sweepstakes post by tagging only one (1) friend who is eligible for the
Sweepstakes as set forth above and whom you believe is interested in Eagle
Creek products and this Sweepstakes (“comment”).** BE SURE TO OBTAIN
THE CONSENT IN WRITING OF YOUR FRIEND BEFORE POSTING THE
COMMENT TAGGING HIM/HER AND SUBMITTING A SWEEPSTAKES ENTRY.

**If you like, in addition to tagging one (1) friend, you may include other content in
your comment. While doing so is not required and will not increase your chances
of winning the prize, any such additional content must be in compliance with the
restrictions set forth in Rule 3(c) below in order to result in Sweepstakes entry.

3. ENTRY RESTRICTIONS: CONTENT OF COMMENT:


(a) Comment must appear on the Eagle Creek Instagram account page in reply to
the Sweepstakes post. If posted on one’s private Instagram account (or
elsewhere), comment will NOT result in Sweepstakes entry.
(b) Only one (1) friend may be tagged in the comment (You MAY tag the same friend
as you did in entering a previous EAGLE CREEK Sweepstakes offered on
Instagram; but, if MORE THAN one (1) friend is tagged, posting of comment will
not result in Sweepstakes entry.) Also, you will not be entered in the
Sweepstakes if your comment does not tag an eligible friend.
(c) Posting of comment also will not result in Sweepstakes entry if Sponsor
determines in its sole discretion that the comment (to the extent applicable):
(I) violates or infringes upon the rights of any party (including copyright,
trademark, right of privacy, right of publicity), including but not limited to
the rights of the tagged friend;
(II) is inappropriate, obscene, hateful or otherwise unfit for publication;
(III) advocates the use of alcohol or drugs, acts of violence or illegal behavior;
(IV) disparages or damages the goodwill and/or business reputation of
Sponsor or its Eagle Creek brand.
Grant of Rights. An individual who posts content other than tagging one (1)
friend grants to Sponsor the non-exclusive, irrevocable, perpetual, worldwide,
royalty-free, transferable, sublicenseable right and license to use, perform,
exhibit, reproduce and/or otherwise exploit the comment in any manner and in
any and all distribution channels, venues or media now known or hereafter
devised, without further notice or any compensation to such individual. The
preceding grant of rights is subject to any rights retained by Instagram in its
social media platform. Such individual further (a) waives any “Moral Rights of
Authors” or similar natural rights of ownership he/she may have in the comment;
and (b) agrees, upon the request of Sponsor and without compensation of any
kind, to execute any additional documents so as to effect, record or perfect the
grant of rights contemplated by this section.

Individuals posting content other than tagging one (1) friend also understand and agree
that (a) Sponsor has wide access to ideas, stories and other literary/artistic materials
submitted to it from outside sources or being developed by its own employees and that
such ideas/stories/literary/artistic materials may be competitive with, similar to (or even
identical to) the posted comment and that Sponsor shall have no liability to such
individual or any third party in conjunction therewith; and (b) Sponsor does not have any
duty of confidentiality or other fiduciary duty to such individual relative to his/her
comment.

COMMENT (INCLUDING CONTENT OTHER THAN TAGGING [1] FRIEND)


REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE
PROSPECTIVE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF
SPONSOR IN ANY MANNER. SPONSOR IS MERELY ENCOURAGING PERSONS TO
COMMENT UPON THE SWEEPSTAKES POST BY TAGGING (1) FRIEND AND
PERHAPS INCLUDING ADDITIONAL CONTENT; SPONSOR DISCLAIMS ANY AND
ALL LIABILITY IN CONJUNCTION WITH ANY SUCH COMMENT. SPONSOR WILL
NOT EDIT OR MODIFY COMMENTS SUBMITTED FOR THE SWEEPSTAKES.

4. ADDITIONAL ENTRY RESTRICTIONS: Limit of one (1) entry per person,


regardless of the number of comments posted. (A given Instagram account may
only be used by one (1) person to enter the Sweepstakes; a person may, however,
submit an entry him/herself as well as being the tagged friend of one [1] or more
other entrants.) Violation of this limit may result in disqualification of all entries. In the
event of a dispute, the owner of the Instagram account used to submit the entry (i.e.,
post the comment), as determined by Sponsor in its sole discretion, will be deemed
to be the entrant. Sponsor is not responsible for late, lost, illegible/garbled,
inaccessible, corrupted, damaged or misdirected entries, all of which are void.
Sponsor is also not responsible for programming, electronic, technological,
telephonic, network or other malfunction, error or failure which in any way affects or
interferes with the operation of the Sweepstakes; or for entries not timely received or
that are not received in a usable format due to filtering by Instagram (or any other
cause).
Standard message and data rates and/or wireless Internet access charges may
apply when participating in the Sweepstakes. You may be charged by your
wireless carrier in conjunction with Sweepstakes entry. Be sure to check your
wireless carrier's pricing plan before participating in the Sweepstakes. Wireless
Internet access may not be available in all areas.
5. WINNER DETERMINATION: The winner will be selected via random drawing from
among all eligible entries received. The drawing will be conducted by Sponsor on or
about December 14, 2018. To the extent applicable, the content of an entrant's
comment will not be taken into account in the winner selection procedure, provided
that the comment is in full compliance with these Official Rules including the content
requirements in Rule 3 above. The winner will be notified via direct message on or
after date of random drawing and may be required to sign and return an Affidavit of
Eligibility, a Liability Release and a Publicity Release (where legal), all within (3)
business days. If winner cannot be contacted for any reason (including due to
privacy settings not allowing Sponsor to contact winner via direct message), is
determined to be ineligible or not in compliance with these Official Rules or fails to
timely sign/return Affidavit/Release (if applicable), the Grand Prize will be forfeited. If
Grand Prize is forfeited, an alternate winner will be selected from among all
remaining, non-winning eligible entries received. Entrants agree to these Official
Rules and the decisions of Sponsor, which are final and binding in all
respects.

6. GRAND PRIZE (1): Gear Warrior™ AWD 29 (concord color) [Approximate Retail
Value: $329.00], Gear Warrior™ AWD International Carry-on (concord color)
[Approximate Retail Value: $259]. Total Approximate Retail Value of Grand Prize: $588.
Prize may differ from prize images in Sweepstakes advertising, including postings on
the official Eagle Creek page on Instagram; and, Sponsor expressly disclaims any and
all liability in conjunction therewith. Grand Prize is not transferable except with
Sponsor’s permission, which may be granted or withheld in Sponsor’s sole discretion
and without liability of any kind. Prize must be accepted as awarded. No prize
substitution permitted except by Sponsor due to unavailability of prize/prize component
for any reason and only then for prize/prize component of equal or greater value. Prize
is NOT redeemable or exchangeable by winner for cash. Prize will only be shipped to
winner at a street address in the United States; each prize element may be shipped
separately. Applicable taxes on prize and unspecified expenses related to
acceptance/use of prize are winner’s sole responsibility. Limit of one (1) prize per
family/household/address in any Eagle Creek promotion within the past six (6) month
period. Odds of winning depend on the total number of eligible entries received.

7. CONDITIONS OF PARTICIPATION. For details regarding the collection/use of your


personal information in conjunction with the Sweepstakes, please review Sponsor’s
privacy policy at www.eaglecreek.com/customer-service/privacy-policy.html. By
accepting the prize, where legal, winner agrees to the use of his/her name and image
for advertising/trade/publicity purposes by Sponsor and its designees without further
compensation or notice. By participating, entrant releases and agrees to hold harmless
Sponsor, its parent company, affiliates, subsidiaries, and their respective directors,
officers, employees and agents of any of the above organizations, as well as Facebook,
Inc./Instagram, from any and all liability arising from the Sweepstakes or the receipt,
acceptance, use or misuse of prize. If Sweepstakes cannot be conducted as originally
planned due to any cause beyond Sponsor’s control (e.g., computer virus, act of fraud,
natural disaster), Sponsor may cancel/suspend/modify Sweepstakes and pick the
winner from among all eligible entries received prior to and/or after action taken by
Sponsor or otherwise in any manner determined by Sponsor in its sole discretion to be
fair, appropriate and consistent with these Official Rules; notice of such action by
Sponsor will be posted on the Eagle Creek Instagram page. Tampering with
Sweepstakes or violation of Rules will result in disqualification; but, disqualification shall
not represent the sole remedy available to Sponsor. (By way of example only, tampering
includes use of programmed or automated methods of Sweepstakes entry; posting a
comment that violates the rights of tagged friend or other third party or otherwise is not
in compliance with the content guidelines in Rule 3 above [to the extent applicable],
and/or violation of the entry limit). Sponsor’s failure to enforce any provision of these
Official Rules is NOT a waiver of such provision. Any dispute or claim regarding the
Sweepstakes will be resolved pursuant to internal, substantive law of California. Any
such dispute/claim must be brought individually (NOT as part of a class action) in U.S.
federal or state court in San Diego County, California, with recovery being limited to
one’s actual costs in participating in the Sweepstakes (if any) with all damages or other
forms of recovery being expressly waived. If any 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.

8. WINNER’S LIST. For names of winner (first name, last initial), send an e-mail request
to EagleCreekPR@vfc.com with Eagle Creek Dec1213 Sweepstakes in the subject line.
Winner’s list will be available after January 7, 2019; winner’s list requests must be
received by December 26, 2018 at 9:00 a.m. PT.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED


BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM OR FACEBOOK.

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