Terms and Conditions
test (the "Event") begins on or about 5/9/2021 8:26:00 AM Mountain Time ("MT") and ends on 5/31/2021 8:26:00 AM MT (the "Event Period”). During the Event Period, entrants will have the opportunity to track their movement while Hiking, Biking, or Running (the "Activity"). The entrants will submit their recorded Activity (the "Track") for consideration as more fully set forth below. The top ten (10) finalists (each, a "Finalist") from each Activity will be selected from the total points from a collection of GPS locations (the "WayPoints") and as more fully set forth below. By participating in the Event, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of MountainMap, 9673 S. CANDLEWOOD DR, SANDY, UT, 84092, ("Sponsor") which shall be final and binding in all respects.
Only legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry are eligible to enter. Officers, directors and employees, of Sponsor, and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively as the "Event Entities"), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Event or win a prize.
Only one Track per user per day will be counted in the event results. If more than one track is submitted in a day, the Track with the highest score will be counted. All other WayPoints will be discarded for that day.
HOW TO ENTER
To enter, visit the web site www.MountainMap.com (the "Website"), create a MountainMap account, and complete the entry form on the Website.
WINNER SELECTION AND NOTIFICATION
On or about 6/1/2021 8:26:00 AM, a final count of the WayPoints collected and the total points. The top 10 leaders will be displayed (the "Leaderboard") on the Website. The entrants will use a mobile device with external or built-in GPS (the "Device") to track their movement with the mobile app (the "App").
Sponsor shall have no liability for any Grand Prize Winner notification that is lost, intercepted or not received by the potential Grand Prize Winner for any reason. If a potential Grand Prize Winner does not respond within the time required by Sponsor, or if the notification is returned as unclaimed or undeliverable to any potential Grand Prize Winner, such potential Grand Prize Winner will forfeit his or her potential prize and an alternate Grand Prize Winner may be selected. If any potential Grand Prize Winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Grand Prize Winner will be disqualified and the next highest scoring Submission may be selected.
GENERAL PRIZE CONDITIONS
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Event materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Grand Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Event. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
By participating in the Event, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Event, each entrant irrevocably grants the Event Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Event or other promotions, and hereby release the Event Entities from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Entrants agree that the Event Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Event or any Event-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Event, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Event or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Event, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Event if it determines, in its sole discretion, that the Event is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Event as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Event as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Event. If the Event is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the Finalists and Grand Prize Winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Event Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Event does not place the Event Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Event Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Event Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Event Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Event Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Event, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE
Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by any Grand Prize Winner (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
If Sponsor shall desire to secure additional assignments, releases from third parties appearing in the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF UTAH WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
By participating in this Event, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Event Entities relating to, arising out of or connected in any way with (a) the Event, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Salt Lake City, Utah; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Event; (v) the arbitrator shall apply Utah law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNER’S LIST/OFFICIAL RULES
To obtain a copy of any legally-required winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: MountainMap's "test" Event, 9673 S. CANDLEWOOD DR, SANDY, UT 84092. All such requests must be received within six (6) weeks after the end of the Event Period. These Official Rules will be posted on the Website during the Event Period.
TERMS AND CONDITIONS
PURCHASE IS NECESSARY. REGISTRATION FEES ARE NON-REFUNDABLE. VOID WHERE PROHIBITED. The test competition (the "Promotion") begins on or about 5/9/2021 8:26:00 AM Mountain Time ("MT"). The Sponsor of this Promotion is OnSite Mapping, LLC, 9673 S. Candlewood Dr, Sandy, UT, 84092 ("Sponsor"). The top ten (10) individuals in each Activity to enter the test will each receive a voucher or token in exchange for product or service (the “Prize”) selected by Sponsor. Limit one (1) Prize per person. The potential winners will be notified via email and required to respond to the notification within twenty four (24) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the Prize and Sponsor may award the Prize to an alternate individual.
All Prize details are at the sole discretion of Sponsor. If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater value may be awarded. Sponsor (A) shall not be responsible or liable for, and is hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or from entrants’ acceptance, receipt, possession and/or use or misuse of the Prize, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose.
This promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, or Twitter.