ARC’TERYX Equipment, A Division of Amer Sports Canada Inc.

ARC’TERYX Monthly Subscriber Contest

Official Rules and Regulations

ARC’TERYX Equipment, A Division of Amer Sports Canada Inc., having its registered office at 110 - 2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8 and registered under N° BC1040997 at British Columbia, Canada (hereafter “ARC’TERYX”) is organizing a free contest named the ARC’TERYX MONTHLY SUBSCRIBER CONTEST (the “Contest”) on its website www.arcteryx.com.

Participation in the Contest implies that participants accept the provisions of these regulations. Any participant who do not accept the provisions of these regulations or who act in a fraudulent or unfair manner (to be determined at the sole discretion of ARC’TERYX) may be excluded from the Contest at any time.

Contest Period

The Contest begins at 12:01 AM PST on January 1, 2017 and ends 11:59 PM PST on December 31, 2017 (the “Contest Period”). Any entries sent and/or received after the closing time and date will not be considered.

Conditions of Participation

Participation to the Contest is free and no purchase is necessary to enter or win.

The Contest is open to participants (hereinafter referred to as “Participants”) who must be the age of majority in his or her state, country, or province of residence and are legal residents of Canada, the fifty (50) United States, including the District of Columbia, and Albania, Germany, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania , United Kingdom, San Marino, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Ukraine and Vatican.

The Contest is not open to anyone who does not meet the conditions referred to above or to directors, executives, employees, representatives, agents or mandataries of ARC’TERYX, AMER SPORTS SA or of any company that is under its control or that controls it, or to anyone involved in the implementation and promotion of the prize draw and / or the Contest including any members of their families (of any age) and any household members, and ARC’TERYX reserves the right to request that all Participants provide proof of the entry conditions. Anyone failing to fulfill the entry conditions or refusing to provide proof of them will be excluded from the Contest and may not claim the prize in the event that she/he wins it.

In order to participate, the Participants must have access to the internet and have a valid email address.

How to Participate

Eligible participants must enter the Contest by opting in as an ARC’TERYX email subscriber, through a variety of methods, including but not limited to via www.arcteryx.com, lithographica.arcteryx.com, ARC’TERYX store websites, the ARC’TERYX Facebook page, in ARC’TERYX Brand stores and through ARC’TERYX contests.

They may also enter by writing their name, address, phone number, and email address on a 3” X 5” card and mailing to ARC’TERYX, ATTN: CRM, 110-2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8. Write-in entries must be postmarked no later than December 31, 2017. Entries become the sole property of ARC’TERYX and will not be returned.

Participants must opt in as an ARC’TERYX email subscriber, or send their write-in entry during the Contest Period to be eligible.

A Participant’s name is entered automatically into the Contest each month of the Contest Period, on the condition that the Participant is eligible and complies with the Official Rules and Regulations, unless:

  1. they are no longer an ARC’TERYX email subscriber, or
  2. they are no longer eligible for the Contest or fail to comply with the Official Rules and Regulations.

Information about identity, address, quality or other information mentioned in the form is binding for the Participants. Any false entry will lead to disqualification. Moreover, any entry form which does not comply with the regulations can be invalidated by ARC’TERYX at its sole discretion.

Each Participant (same email address and/or same household address) is allowed to opt in as an email subscriber only one time during the Contest Period. Participants may not use any other device or artifice to register multiple times or as multiple registrants during the Contest Period. In the case of multiple opt-ins through the use of several e-mail addresses by the same person or through the use of a device or artifice, such person will be considered ineligible and will be disqualified from the contest.

For purposes of these Official Rules, "receipt" of an electronic opt-in occurs when ARC’TERYX’s servers record the entry information upon clicking the "Submit" or “Accept” button. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by ARC’TERYX’s of an opt-in for purposes of these Official Rules.

In the event of a dispute about the identity of an online entrant, each entry will be declared made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide ARC’TERYX or its contest administrators with proof that he/she is the authorized account holder of the email address associated with the winning entry.

ARC’TERYX reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

Privacy

By entering the Contest, Participants are agreeing to the collection, use and disclosure of their personal information for the purposes of administering the Contest and, if they have provided their consent, to receive ARC’TERYX marketing emails. Participants may unsubscribe at any time. ARC’TERYX will never sell, trade, rent, or loan this personal information to any other organizations. ARC’TERYX will protect the entrant’s Personal Information in a manner that is consistent with their Privacy Policy.

Any Participant has the right to access, rectify and remove data concerning them. In order to do so, Participant may contact customer services at the following address: ARC’TERYX – 110 - 2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8

Prize

There is one (1) prize available each month, to be drawn and given away each month from January 2017 – December 2017, for a total of twelve (12) prizes during the Contest Period. The prize consists of the winner's choice of any one (1) piece of in-stock ARC’TERYX outdoor performance product, as seen on www.arcteryx.com. The prize must be chosen from stock available at the ARC’TERYX Vancouver Warehouse at the time of selection. A member of the ARC’TERYX team will facilitate this selection of the prize for the winner, by informing the winner what product is in stock to select from. A member of the ARC’TERYX team will then arrange for the prize to be shipped to the winner. Approximate Retail Value of the prize may vary based on winner’s choice of product in accordance with the terms above, but in no case shall the Approximate Retail Value exceed $850.00 CDN / €900.00 EUR, for a total Approximate Retail Value of $10,200 CDN / €10,800 EUR for the contest period.

The Winner(s) are solely responsible for the reporting and payment of any applicable taxes, customs fees or freight charges on the Prize or any portion of the Prize. Winner(s) may waive their right to receive all or a portion of the Prize. The Prize is non-transferable, non-exchangeable, and non-refundable, has no cash value and must be accepted by the Winner as awarded. If, due to circumstances beyond its control, ARC’TERYX is not able to provide the stated prize, it reserves the right to replace it with another prize, subject to an approval of the Régie des alcools, des courses et des jeux in Quebec.

Winner Selection

The Winner(s) shall be selected as follows:

One (1) potential winner will be selected by random draw at 2am (Pacific Standard Time), the first day of each month during the Contest Period. A total of 12 winners will be drawn during the Contest Period. The draw will be made by a member of the ARC’TERYX team in North Vancouver, British Columbia at the ARC’TERYX headquarters. The chances of being selected depend upon the number of eligible participants. The selected participant will be notified by email within five (5) business days of the draw.

Each Participant shall be eligible to win only one (1) prize. Participants do not have to be present at the draw in order to qualify to win.

The Winner(s) acknowledge the right of ARC’TERYX, and their respective agents' to publish or broadcast the winners’ pictures, names and statements without charge or further compensation other than the prize offered.

CANADIAN RESIDENTS ONLY: If an eligible Canadian entrant is selected as a potential winner, he/she will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered by telephone at a pre-arranged, mutually convenient time before being declared a winner. If a selected Canadian potential winner cannot be reached by telephone within a reasonable time period or fails to correctly answer the skill-testing question, as determined at the sole discretion of ARC’TERYX, he/she may be disqualified, and ARC’TERYX will select another potential winner from the pool of eligible entries for that drawing.

Redeeming the Prize

The Winner will then be contacted by email by a member of the ARC’TERYX team. Upon notification, the Winner(s) must respond to the email or to the contact number provided in the notification within ten (10) business days. If the Winner doesn’t respond in accordance with the Contest Rules and don’t give all the compulsory information as detailed hereafter, his/her prize will be forfeited.

To be declared a winner, a selected participant may be required to sign a declaration and release to: (a) confirm compliance with the official rules and regulations; (b) release ARC’TERYX from all liability; (c) accept the prize as awarded; and (d) consent to the use of the Winner’s name, city of residence, likeness and/or image, and statement for publicity purposes in all medium and without further compensation to the Winner.

Assumption of Risks and Release of Liability

Participants understand that the use of ARC’TERYX’s outdoor performance products involves certain risks (including the risk of personal injury or death, or property loss or damage) some of which are foreseeable but others of which are not. Participants voluntarily accept and assume full responsibility for any risks, loss, or property damage that they may sustain, or any loss or damage to their property resulting from the use of ARC’TERYX’s outdoor performance products.

By entering, all participants agree to abide by the official rules and regulations and decisions of the contest organizers which are final.

ARC’TERYX reserves the right in its sole discretion to cancel or suspend the contest for any reason or should causes beyond the control of ARC’TERYX corrupt the administration, security, fairness, integrity or proper conduct of the Contest.

ARC’TERYX shall accept no responsibility whatsoever if, in the case of force majeure or events beyond its control or out of justified necessity, it is obliged to cancel, curtail, defer, postpone or amend the conditions of the said prize draw and / or contest, its responsibility will not be invoked in such circumstances. In all events it reserves the right to prolong the length of the Contest. In particular, ARC’TERYX assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction to or unauthorized alteration of the entries. ARC’TERYX is not responsible for (i) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software; (ii) the failure of any e-mail or entry to be received by ARC’TERYX on account of technical problems or traffic congestion on the Internet or at any web site; or (iii) any combination thereof, or if the information provided by Participants should be destroyed for any reason beyond its control.

By entering the Contest, entrants release ARC’TERYX and their respective affiliates, sponsors, advertising and promotion agencies and the immediate family and household members of the above, and each of their respective affiliated companies, directors, officers, employees, representatives and agents, where permitted by law, from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light).

In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.

It is specified that ARC’TERYX cannot be held responsible for any direct or indirect damage from any interruption or malfunction whatsoever, suspension or the end of the contest, for any reason whatsoever or from any direct or indirect damage which may occur, in any way whatsoever, from logging on to the website. Each Participant takes responsibility for taking all appropriate measures to protect their own data and / or software stored on their computer equipment against any external violation or attack. Accessing the Website and participation in the contest is entirely the responsibility of the individual Participant.

ARC’TERYX reserves the right to take legal action against any fraudulent person or anyone attempting to commit fraud. It shall not incur responsibility of any kind with regard to players in the event of any fraud being committed.

ARC’TERYX may cancel all or part of the contest if it appears that fraud has taken place in any form whatsoever, particularly computerized, in the context of participating in the contest or determining the winners. In such an event, it reserves the right not to award prizes to fraudsters and / or to take legal action against any fraudsters before the competent jurisdictions.

Required Equipment

In order to enter and participate in the Contest, Participants must have access to the following:

Conditions for Refund of Entry Fees

No financial outlay is required to participate in the Contest.

Expenses related to participation in the Contest shall be refunded upon request sent by post to the following address: ARC’TERYX, 110 - 2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8. Refund requests sent by e-mail will not be considered.

The refund of expenses arising from participation in the Contest is subject to the following conditions:

Any request that is incomplete, incorrect or sent to the wrong address will not be considered. No refund request sent by email will be taken into account.

For Participants using a broadband internet connection:

  1. The refunded amount is set at a fixed sum of $0.90 CDN or € 0.61 EUR.
  2. No further refund is possible given that no other financial outlay is required. Broadband Internet subscriptions cover general use of such services and, consequently, participation in the Contest / prize draw does not incur any further expenses.

Postage costs incurred by the winner when sending proof of identity will be refunded upon request sent by post enclosed with the supporting documents, at the applicable 2nd class rate for a 20g letter.

Availability of the Regulations

The regulations can be obtained in full and free of charge from ARC’TERYX Equipment, A Division of Amer Sports Canada Inc., having its registered office at 110 - 2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8.

The regulations can also be viewed on www.arcteryx.com

Complaints, Disputes and Interpretation

The Contest and these regulations have been drawn up and interpreted pursuant to the Canadian laws in force. If one or more provisions of these regulations are declared void or inapplicable, the other clauses shall retain their force and scope.

The contest is subject to all applicable Canadian federal and British Columbia provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable Canadian federal and British Columbia provincial and municipal laws or the policy of any other entity having jurisdiction over ARC’TERYX.

Participant agrees that:

  1. any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action;
  2. Any objection pertaining to the Contest or these regulations must be submitted in writing, within ninety (90) days from the Contest closing date, to the following address: ARC’TERYX Equipment, A Division of Amer Sports Canada Inc., 110 - 2220 Dollarton Highway, North Vancouver, British Columbia, Canada, V7H 1A8.
  3. In the event of any dispute, claims and causes of action arising out of or connected with the contest, or any prize awarded, the opposing parties shall attempt to reach an amicable settlement. If the parties do not succeed in reaching an amicable settlement, the disagreement shall fall under the exclusive jurisdiction of the competent court where the defendant is resident.
  4. any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and
  5. under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and ARC’TERYX in connection with the Contest, shall be governed by, and construed in accordance with the Canadian federal and British Columbia provincial and municipal laws without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the laws of Canada.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

The parties have expressly requested that this agreement and any related document be prepared in the English language

Les parties aux présentes ont expressément demandé à ce que cette convention et les documents qui s’y rapportent soient rédigés en anglais.