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Official Rules

EAGLE CREEK PACK-IT ORIGINAL COMPRESSION CUBE SET GIVEAWAY FOR


#BREASTCANCERAWARENESSMONTH
NO PURCHASE NECESSARY.
Sponsor: Eagle Creek, a division of VF Outdoor, LLC, Carlsbad, CA 92008
Open only to legal residents of the United States, 18 years of age or older, who as
of October 3, 2016, own or have lawful access to a mobile device that supports
the Instagram application (app.) Employees of Sponsor, The Breast Cancer
Research Foundation, their respective parent companies, subsidiaries, affiliates, or of
any agencies/entities involved in the development, production or administration of the
Giveaway are not eligible to enter the Giveaway or win a prize (or receive a prize as the
tagged friend of a winner, as discussed below). Giveaway is offered only in the United
States. Void where prohibited by law.
For the avoidance of doubt, volunteers at The Breast Cancer Research Foundation
are eligible to participate in the Giveaway.
1. GIVEAWAY PERIOD: October 3, 2016 at 9:00 AM a.m. Pacific Time (PT)
October 7, 2016 at 11:59 p.m. PT.
2. HOW TO ENTER. Log into your public Instagram account, follow the official
Eagle Creek Instagram account, www.instagram.com/eaglecreekgear
(@eaglecreekgear) [if you do not already], tag one (1) of your friends and include
the hash tag #Giveaway (entry). You may include a comment when tagging a
friend, but doing so is not required nor will it increase your chances of winning.
However, if you choose to include a comment when tagging a friend, if the
comment does not comply with the content requirements set forth in Section 4
below, you will NOT be entered in the Giveaway (even if you tagged a friend and
otherwise complied with these Official Rules.)
STANDARD DATA & MESSAGE RATES MAY APPLY; CHECK WITH YOUR
WIRELESS CARRIER FOR DETAILS. Wireless service may not be available in all
areas.
3. ENTRY RESTRICTIONS. Limit of one (1) entry per person, regardless of the
number of Instagram accounts you have. (A given person may only use
one [1] Instagram account to participate in the Giveaway.) Violation of the
entry limit will result in voiding all but the initial entry (if eligible), but Sponsor
reserves the right in its sole discretion to disqualify an individual outright and void
all of his/her entries if such individual is determined by Sponsor in its sole
discretion to be engaged in egregious, blatant or excessive violations of the entry
limit. Any dispute as to identity of entrant will be resolved by Sponsor based on

its determination in its sole discretion of the owner of the e-mail address
associated with the Instagram account used to enter the Giveaway. Sponsor is
not responsible for late, lost, illegible/garbled, incomplete (including but not
limited to omission of prescribed hash tag), corrupted, jumbled, inaccessible,
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 Giveaway (including the accessibility of entries once posted on
Instagram). Only persons who are eligible for the Giveaway as per Section 1
above (generally, legal U.S. residents who are 18 or over), whom entrant knows
personally and whom entrant believes are interested in Eagle Creek products
and/or the charitable mission of The Breast Cancer Research Foundation should
be tagged by entrant. Entrants are also strongly encouraged to secure a friends
permission before tagging him/her and entering the Giveaway. Entrants must
comply with the Terms of Use of Instagram at all times.
4. CONTENT RESTRICTIONS. Should a person include a comment when tagging
a friend, such person will not receive an entry in the Giveaway if the comment in
Sponsors sole discretion (a) is copied (in whole or in part) from any source; (b)
violates the trademark, copyright, right of publicity, right of privacy, other
intellectual property rights or any other rights of any third party; (c) is
inappropriate for publication, objectionable or offensive (including but not limited
to obscenity or hate speech); (d) adversely affects the business
reputation/goodwill of Sponsor (including its Eagle Creek brand) or The Breast
Cancer Research Foundation, including disparaging any individual who endorses
Eagle Creek products and/or the charitable mission of The Breast Cancer
Research Foundation; or (e) advocates alcohol/drug use, violence or illegal
conduct of any kind.
POSTED COMMENTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE
INDIVIDUAL (PROSPECTIVE) ENTRANT AND DO NOT REFLECT THE
VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING
AS A PASSIVE CONDUIT FOR THE POSTING OF COMMENTS AND
DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR
REVIEWING COMMENTS AS POSTED BY (PROSPECTIVE) ENTRANTS.
SPONSOR WILL NOT EDIT COMMENTS POSTED BY (PROSPECTIVE)
ENTRANTS IN CONJUNCTION WITH THE GIVEAWAY.
5.

RIGHTS IN COMMENT. Should a person include a comment when tagging a friend,


subject only to the rights retained by Instagram as the operator of its social media
platform, such person grants to Sponsor and its designees 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. Such person also waives
in favor of Sponsor and its designees, all rights of Droit Moral or Moral Rights of

Authors or any similar rights or principles of law that he/she may now or later have to
the comment. Such person further agrees, upon Sponsor's (or its designees) request
and without compensation, to sign any additional documents that Sponsor (or its
designees) may require so as to perfect, record, or effect such grant of rights. Such
person expressly acknowledges that Sponsor and its designees do not owe him/her a
duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of
privacy as to the comment. Such person also acknowledges that Sponsor and its
designees have wide access to ideas, stories, designs and other literary/artistic
materials submitted to them from outside sources or being developed by their own
employees and that such ideas/stories/literary/artistic materials may be competitive
with, similar to (or even identical to) his/her comment and that Sponsor and its
designees shall have no liability to him/her or any third party in conjunction therewith.
6. WINNER DETERMINATION. Winners will be selected in a random drawing from
among all eligible entries received; the random drawing will be conducted by
Sponsor on or about October 10, 2016. For the avoidance of doubt, to the extent
applicable, the content of comments included as part of entries will not be taken
into account in the winner selection process, provided that the comment is in
compliance with these Official Rules (specifically, the content restrictions set forth
in Section 4 above.) Each potential winner will be notified via direct message
from @eaglecreekgear on Instagram. IT IS THE ENTRANTS SOLE
RESPONSIBILITY TO CONFIRM THAT HIS/HER PRIVACY SETTINGS ON
INSTAGRAM ALLOW FOR SPONSOR TO NOTIFY HIM/HER VIA DIRECT
MESSAGE. Potential Winner may also be required to sign an Affidavit of
Eligibility, a Liability Release and a Publicity Release (where lawful) within an
indicated time period. In the event of noncompliance with this requirement (if
applicable), if potential winner cannot be contacted for any reason (including but
not limited to because of potential winners Instagram privacy settings), if
potential winner is ineligible or otherwise not in compliance with these Official
Rules, the prize will be forfeited without compensation and an alternate winner
selected in a random drawing from among all remaining eligible entries received.
By participating in the Giveaway, entrants agree to these Official Rules and
the Sponsors decisions, which are final and binding in all respects.
7. PRIZES/ODDS OF WINNING (50): two (2) limited edition Pack-It Original
Compression Cube Sets created by Sponsor in honor of Breast Cancer
Awareness Month. Approximate Retail Value of each prize (pair of Pack-It
Original Compression Cube Sets): $79.90. Total Approximate Retail Value of all
prizes: $3,995.00. Sponsor intends for winner to keep one (1) Pack-It Original
Compression Cube Set for him/herself and to give the second Pack-It Original
Compression Cube Set to the friend tagged in the winners entry. (In such case,
as a condition of receiving the Pack-It Original Compression Cube Set as the
tagged friend of a prize winner, an individual agrees to release and hold
harmless Sponsor from any liability in conjunction with same under any legal
theory.) However, sharing of the second Pack-It Original Compression Cube Set
with the tagged friend is not required. (Should winner choose to keep both Pack-

It Original Compression Cube Sets for him/herself, Sponsor shall not have any
liability under any legal theory to the tagged friend.) Prize must be accepted by
winner as awarded. Pack-It Original Compression Cube Set subject to
availability as to color. Actual item may differ from prize images in Giveaway
advertising, including postings on @eaglecreekgear; and, Sponsor expressly
disclaims any and all liability in conjunction therewith. Prizes are not transferable
except as expressly set forth herein or with Sponsors permission, which may be
granted or withheld in Sponsors sole discretion and without liability of any kind.
No prize substitution permitted except by Sponsor due to unavailability of prize
for any reason and only then for prize of equal or greater value. Prize is NOT
redeemable or exchangeable by winner for cash. Applicable taxes on prize (if
any) and unspecified expenses related to the acceptance/use of prize are
winners sole responsibility. Award of prize does not entitle winner to claim a
charitable deduction or like favorable tax treatment (regardless of whether or not
winner gives the second Pack-It Original Compression Cube Set to his/her
tagged friend.) Prize will only be shipped to a street address in the United States.
Limit of one prize per family/household/address; for the avoidance of doubt, a
prize winner may also receive a Pack-It Original Compression Cube Set as the
tagged friend of another prize winner. Odds of winning a prize depend on the
total number of eligible entries (i.e., tagging of friend along with use of
hash tag #Giveaway) received.
7. CONDITIONS OF PARTICIPATION. By accepting prize, where legal, winner
agrees to the use of his/her name, image, likeness, voice and other indicia of
persona 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, The Breast Cancer Research Foundation,
their respective parent companies, affiliates, subsidiaries, and their respective
directors, officers, employees and agents, as well as Instagram and
Facebook, from any and all liability under any legal theory arising from the
Giveaway or the acceptance, receipt, possession or use/misuse of prize. If
Giveaway cannot be conducted as originally planned due to any cause
beyond Sponsors control (e.g., computer virus, fraud, natural disaster, civil
commotion, governmental intervention or other incident of force majeure),
Sponsor may cancel/suspend/modify Giveaway and pick the winners from
among all eligible entries received prior to and/or after the action taken by
Sponsor or otherwise in a 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 @eaglecreekgear.
Tampering with the Giveaway (including but not limited to tagging as a friend
an individual not known personally by entrant) or violation of these Official
Rules will result in disqualification from the Giveaway; but, disqualification
shall not represent the sole remedy available to Sponsor. Sponsors failure to
enforce any provision of these Official Rules in a given instance is NOT a
waiver of such provision.

8. Dispute Resolution/Choice of Law. To the fullest extent permitted by law,


you agree that:
(a) any and all disputes regarding the Giveaway or these Official Rules shall
be governed by the internal, substantive law of the State of California (i.e.,
without regard to choice of law/conflict of law rules of California or of any
other jurisdiction);
(b) you are subject to the personal and exclusive jurisdiction of the courts of
the United States District Court for the Southern District of California or
California state court situate in San Diego County, California;
(c) you waive any right of change of venue, inconvenient forum or the like;
(d) any action will be brought by you individually (NOT as part of a class
action);
(e) your recovery in any such action is limited to actual costs involved in
participating in the Giveaway (if any), with all rights to attorneys fees and any
and all damages (including special, compensatory, punitive, consequential
damages) being expressly waived.
9. WINNERS LIST. For names of winners (first name, last initial, city/state of
residence), send an e-mail request to EagleCreekPR@vfc.com with Eagle
Creek #BreastCancerAwarenessMonth Pack Winners in the subject line.
Winners list request must be received by October 12, 2016 at 9:00 a.m. PT.
DO NOT SEND ENTRIES OR OTHER CORRESPONDENCE TO THIS EMAIL ADDRESS AS THEY WILL BE DISCARDED.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED
BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM OR FACEBOOK.

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