Montrail Ultra Cup Series 2012/2013
No Purchase Required to Enter or Win
- ELIGIBILITY: The Montrail Ultra Cup Series 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 Province of Quebec); and (b) are eighteen (18) years of age or older at the time of entry. Employees of Sponsor and any of its affiliate companies, subsidiaries, agents, distributors/wholesalers, retailers and their advertising and promotional agencies, as well as the spouse, parents, siblings and children and household members of each such employee, are not eligible. The Montrail Ultra Cup Series is subject to all federal, state/provincial, and local laws and regulations and is void where prohibited by law.
- SPONSOR: The Montrail Ultra Cup Series is sponsored by Montrail, a division of Columbia Sportswear USA Corporation, 1414 Harbour Way South Suite 1005, Richmond, CA, U.S.A. ("Sponsor").
- AGREEMENT TO OFFICIAL RULES: Participation in the Montrail Ultra Cup Series 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.
- ENTRY PERIOD: To qualify, you must complete the 2012/2013 Montrail Ultra Cup series online registration form within two weeks of the completion of your first race. Registration begins July 26, 2012 at 12:01 a.m. Pacific Time ("PT") and ends June 1, 2013 at 11:59 p.m. PT (the "Entry Period").
- ENTRY: Visit ultracup.montrail.com and follow the instructions to complete the online entry form. To enter, you will be required to provide your first and last name, E-mail address, and certain other information. Online entry must be completed during the Entry Period and within two weeks of the completion of the first Montrail Ultra Cup race, you intend to receive points for. You are solely responsible for third-party race entry fees, equipment and internet access required to enter or participate in the Montrail Ultra Cup Series. Sponsor reserves the right to restrict participation in the Montrail Ultra Cup Series to any person 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 third-party race organizer, service provider, Internet, or Website/usenet conduct, accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.
- WINNING: Within two (2) weeks following the conclusion of the Western States 100 event, the top five male and top five female competitors will qualify for a Montrail Ultra Cup Series prize. Ranking will be determined based on the following scoring system: for each event included in the Ultra Cup Series, entrants will receive points equal to the event winner's finishing time divided by entrant's finishing time, multiplied by the maximum points available for the event (50k (31 points); 50 miles (50 points); 100k (62 points); and 100 miles (100 points)). The winner will receive 10 bonus points, second place will receive 5 bonus points and third place will receive 3 bonus points. Each race distance may be scored only once. To be eligible to include an Ultra Cup score, you must compete in at least two events. Your series score will be the sum of your best individual score for each distance. You are not a winner until your event results have been verified, your prize claim is validated and you receive official written notification from Sponsor. All potential winners are subject to verification by Sponsor, whose decision is final and binding in all matters related to the Montrail Ultra Cup Series. You are not a winner of any prize, even if the Montrail Ultra Cup Series website should so indicate, unless and until your eligibility and the potential of winning has been verified and you have been notified that verification is complete. Sponsor's decision is final and binding in all matters relating to the Montrail Ultra Cup, including but not limited to winner selection. If a potential winner cannot be reasonably notified, verified or confirmed after three (3) attempts (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.
- REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (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. The 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.
Except as expressly set forth above, selection of the style, color, and size of prize product is in Sponsor's sole discretion. All expenses and costs not expressly listed in the prize description above, including all applicable taxes, are the sole responsibility of the winner. Prize is 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.
- TWO (2) FIRST PLACE WINNERS: One female entrant and one male entrant will each receive a prize package that includes $5,000 cash, recognition as the Montrail Ultra Cup champion, and a prize package from Montrail and Mountain Hardwear. Approximate Retail Value (including cash): $5,250
- TWO (2) SECOND PLACE WINNERS: One female entrant and one male entrant will each receive a prize package that includes $2,000 cash and a prize package from Montrail and Mountain Hardwear. Approximate Retail Value (including cash): $2,250
- TWO (2) THIRD PLACE WINNERS: One female entrant and one male entrant will each receive a prize package that includes $1,000 cash and a prize package from Montrail and Mountain Hardwear. Approximate Retail Value (including cash): $1,250
- TWO (2) FOURTH PLACE WINNERS: One female entrant and one male entrant will each receive a prize package that includes a pair of Montrail shoes and other prizes from Mountain Hardwear. Approximate Retail Value: $300
- TWO (2) FIFTH PLACE WINNERS: One female entrant and one male entrant will each receive a prize package that includes prizes from Montrail and Mountain Hardwear. Approximate Retail Value: $250
- "COMMUNITY" PRIZES: Entrants who complete at least two Ultra Cup Series events will receive an iron-on patch that reflects the number of completed events (2 races - silver, 3 races - gold, 4 or more races – top runner). Entrants who complete four or more Ultra Cup races will receive a special Montrail Ultra Cup embroidered Mountain Hardwear jacket.
- WESTERN STATES 100 QUALIFIER PRIZES: The top two female and top two male entrants in each individual Ultra Cup Series event except the 50K event(s) will automatically qualify for entry into the Western States 100 event. Each qualifying winner must deliver his/her Western States 100 entry packet to the Western States 100 office within two weeks of completion of the event that qualifies him/her for automatic entry. Entry packets must include (1) a completed entry form, available by request from the Race Director, (2) payment of the entry fee, and (3) completion of the eight-hour service requirement form, available at www.ws100.com/serviceform.pdf.
- GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify the Montrail Ultra Cup Series if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the contest, as determined by Sponsor in its sole discretion. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the 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 Montrail Ultra Cup Series 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. All activity arising out of and relating to the Montrail Ultra Cup Series 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 Montrail Ultra Cup Series at any time.
- PUBLICITY: Except where prohibited, by participating in the Montrail Ultra Cup Series and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, promote, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise and publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, written and other entry materials, as well as photographic and video footage that Sponsor may take of you, in whole or in part, in any manner 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 other than that expressly specified in these Official Rules.
- PRIVACY: By participating in the Montrail Ultra Cup Series, 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 Montrail Ultra Cup Series, and may be further publicized as described in these Official Rules and related materials.
- LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: 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 Montrail Ultra Cup Series; (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 Montrail Ultra Cup Series 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 Montrail Ultra Cup Series 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 MONTRAIL ULTRA CUP SERIES 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, GUARNATEES OR WARRANTIES THAT THE MONTRAIL ULTRA CUP SERIES OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MONTRAIL ULTRA CUP SERIES. 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 MONTRAIL ULTRA CUP SERIES OR INDIVIDUAL EVENTS, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY PARTICIPATING IN 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 DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE OF ANY ENTRY, PARTICIPATION IN THE MONTRAIL ULTRA CUP SERIES, OR ANY OTHER CLAIM OR CAUSE OF ACTION. SOME STATE DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
- DISPUTES: Sponsor reserves the right to make all decisions, in its discretion, arising out of or relating to the Montrail Ultra Cup Series, and the decisions by Sponsor are final and binding on all matters relating to the Montrail Ultra Cup Series. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Montrail Ultra Cup Series 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 Montrail Ultra Cup Series, but in no event attorneys' fees; and (c) 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 Montrail Ultra Cup Series, 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 Montrail Ultra Cup Series, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
- OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules will be posted on www.ultracup.montrail.com. You may obtain Montrail Ultra Cup Series results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Montrail, Attn: Montrail Ultra Cup Series Team, 1414 Harbour Way South Suite 1005, Richmond, CA 94804. Records may not be available beyond two years. Vermont residents may omit return postage for Official Rules requests.