Outside Awards Official Rules

Published May 1, 2023 08:54AM

Official Rules

Here at Outside, our mission is to get everyone outside. We are searching for storytellers to reach a larger and more diverse generation of skiers and snowboarders. The Outside Awards aims to shine the spotlight on up-and-coming creators and celebrate emerging voices in the snowsports world.

Photographers and filmmakers can submit entries in three categories: Thrill (chasing action), Purpose (highlighting activism), and Awe (capturing wonder) (each, a “Category”) for a judging panel of pro athletes and well-known filmmakers to then determine one film winner and a photo winner in each Category, for a total of six winners (collectively, the “Contest”). Each of the six winners will receive a $5,000.00 USD cash prize. The three film winners will have the opportunity to earn an additional $10,000.00 USD cash prize as part of a People’s Choice round of voting in conjunction with Outside’s live Warren Miller and Get Outside Tour.

Here are a few other guidelines and the rules for submissions applicable to the Contest (the “Rules”) hosted by Outside Interactive, Inc. (“Sponsor”):

All entrants must pay a non-refundable entry fee of $30 USD per Submission (defined below). Price raises to $35 USD after July 1, 2023, and again to $40 USD after Aug 1st, 2023. Payment of the entry fee does not guarantee selection as a finalist or winner. All entrants will receive a redemption code for one year of Outside+. Limit one (1) redemption code per entrant, regardless of number of Submissions. Terms at checkout apply.

The Submission must be the entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including, without limitation, third party copyrighted material, or AI-generated imagery or materials). The entrant must secure and provide, upon request, all appropriate clearances, permissions and releases for the Submission (including but not limited to those relating to talent, likeness, music rights, and location). In the event that the entrant cannot provide all requested releases, Sponsor reserves the right, in its sole discretion, to disqualify the applicable Submission or seek to secure the release and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Contest. The Submission must not contain images that are obscene, libelous or otherwise objectionable. The Submission must not include any corporate logos. Any Submission that, in the sole discretion of Sponsor, violates the requirements of the Contest will be disqualified. No substitutions or new versions of the Submission will be accepted under any circumstances once the original Submission is formally submitted for consideration. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt by Sponsor of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.

IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at their own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on https://www.outsideinc.com/terms-of-use/ which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the contest because of such infringement, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion,that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

At the end of the Promotion Period, Sponsor will select up to three Film and Photography finalists for each Category based on the following criteria (the “Judging Criteria):

After the finalists are selected, a panel of pro athletes and well-known filmmakers selected by Sponsor will re-evaluate and score the finalists, based on the Judging Criteria. One (1) winner for each Category, in film and photography respectively, will be the highest scoring finalist in each Category. Winners will be selected by approximately August 28, 2023 and notified via email.

People’s Choice Prize: Each of the three (3) film winners will have the opportunity for one (1) additional $10,000 USD People’s Choice prize (the “People’s Choice Winner”). The People’s Choice Winner is based solely on the total number of votes each Category film winner receives. For more information on the voting process, please visit the link here. The People’s Choice winner will be selected by approximately January 28, 2024 and notified via email.

Sponsor shall have no liability for any finalist or winner notification that is lost, intercepted or not received by the potential finalist or winner for any reason. All potential winners are subject to verification. The winner may be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility/liability and publicity release (except where prohibited) in order to claim their prize if applicable. If the winner cannot be contacted, or fails to sign or return the affidavit of eligibility/liability and publicity release within the required time period, the prize or prize notification is returned as undeliverable, or the potential winner is deemed ineligible, the potential winner forfeits prize, and Sponsor may award the applicable prize to an alternative winner selected from all remaining eligible entries. Prizes will be awarded in accordance with these Rules. Sponsor’s determination of eligibility and selection of winners is binding on all participants.

Prizes are nontransferable and nonassignable. All costs, fees, expenses, and taxes (including, without limitation, federal, state, and local taxes) associated with any element of a prize are the sole responsibility of the winner.

Sponsor has no obligation (other than as stated in these rules or on our website) to disclose any of the following information: i) identities of screeners or judges; ii) notes, feedback, or information relating to any Submission; and/or iii) details regarding the Submission review or selection process.

Once a Submission is entered in the Contest it may be made available for viewing by the general public and any such entry will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.

By entering this Contest and in consideration for the same, the winner grants Sponsor, its successors, assigns and licensees, a worldwide, irrevocable, non-exclusive, fully paid license to reproduce, publicly perform, broadcast, stream, distribute (including theatrical), publish, promote, exploit and otherwise use the Submission and all content submitted in connection therewith in perpetuity, in any and all media, without further notice to, consent by, or payment to entrant. Each entrant irrevocably waives any and all moral rights they may have in the Submission. Without limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit or alter the Submission as deemed necessary by Sponsor. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the submission requirements.

The winner agrees to sign documents deemed necessary by Sponsor to confirm and document the license. The license granted pursuant to this paragraph does not divest the winner of ownership of the Submission.

By participating in the Contest, each entrant irrevocably grants Sponsor and its respective successors, assigns and licensees, the right to use such entrant’s name, likeness, picture and/or hometown and state information, and Submission, and any individual(s) participating therein, in any and all media, worldwide, for advertising and promotional purposes, as well as in or in connection with the Contest or other promotions, and hereby release Sponsor from any liability with respect thereto. Entrants agree to sign documents deemed necessary by Sponsor to confirm permission and authorization if applicable. Entrants agree to be contacted by Sponsor, including via email, in the future (and shall have the opportunity to “opt out” of such emails).

Sponsor shall have no obligation to use any Submission and may at any time abandon the use of the Submission for any reason, and entrants shall not be entitled to any damages or other relief by reason thereof.

All personally identifiable information collected in connection with the Contest shall be used by Sponsor in accordance with its online privacy policy, located at: https://www.outsideinc.com/privacy-policy/ Sponsor may engage a third party platform or application provider (for ease of reference, a “Third Party Application Provider”) to administer certain aspects of the Contest, including without limitation, the online collection of entry information. Such Third Party Application Provider will provide your personally identifiable information to Sponsor, who will use such information in accordance with its privacy policy as set forth above. Third Party Application Providers may also use your information for their own independent purposes in accordance with their own independent privacy practices. Sponsor is not responsible for the storage or any use of your entry information by any Third Party Application Provider. You should carefully review the privacy practices of any third party to determine their specific privacy policies. Sponsor is not responsible for the storage or any use of your entry information by any Third Party Application Provider.

By participating, the entrant agrees to waive, release, hold harmless, and indemnify Sponsor; its current and former officers, directors, owners, employees, agents, representatives, affiliates; and the judges (“Released Parties”) from and against any and all liability or causes of action (however named or described) and for any injuries, losses, and/or damages caused by or resulting from entry or participation in this Contest, any Contest-related activity, entrant’s breach of these Rules, or from entrant’s acceptance, receipt, possession and/or use of misuse of any prize, including without limitation: (1) any incorrect or inaccurate information, whether caused by entrants, any Released Party, printing errors, by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest during the Promotion Period. Released Parties are not responsible for any expenses incurred by entrant in connection with participation in this Contest.

This waiver and release is intended to waive all rights I may have under Section 1542 of the Civil Code of California, as well as any similar law of any other state or territory, that I may have. Section 1542 states that a “general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by him or her, must have materially affected their settlement with the debtor.”

Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public. Each entrant acknowledges and agrees that Sponsor has wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed. 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. Entrant acknowledges that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical content.

Sponsor reserves the right to modify any term of this Contest and these Rules at any time at Sponsor’s sole discretion.

Sponsor reserves the right to modify, extend, suspend or cancel the Contest or any part of it, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have impaired the integrity, administration, security, proper play and/or feasibility of the Contest 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 Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or pandemic 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), Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.

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.

This Contest and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules shall be conducted in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules or provisions.

By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, Sponsor relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of these Rules 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 Denver, Colorado; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; and (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Any attempt to enter this Contest in a manner other than in compliance with and as provided in these Rules shall be VOID. Entries received from persons not meeting eligibility requirements will be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, all of which will be disqualified.

To obtain a copy of any legally-required winners list or a copy of these Rules, send a self-addressed stamped envelope to: Outside Interactive, Inc. ATTN: Outside Awards, 1600 Pearl St., Boulder, CO 80302. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Rules will be posted on [link] during the Promotion Period.

VOID WHERE PROHIBITED BY LAW. Participation constitutes full and unconditional agreement to these Rules and Sponsor and its and judges’ decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein and is not guaranteed.