Official Rules

Eagle Creek/Topo Athletic Runner Sweepstakes

NO PURCHASE NECESSARY.
Sponsor: Eagle Creek, a division of VF Outdoor, LLC, 5935 Darwin Court, Carlsbad, CA
920081
Open only to legal residents of the United States, 18 or over, who own or have
lawful access to a mobile device that supports the free Instagram app.
Employees of Sponsor, Topo Athletic, LLC, their respective parent companies, divisions,
subsidiaries, affiliates and agencies are not eligible to enter or win a prize. Void where
prohibited by law.
1. SWEEPSTAKES PERIOD: Sweepstakes starts December 6, 2016 at 12:00 a.m.
PT and ends December 8, 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) and the official Topo Athletic Instagram account,
www.instagram.com/topoathletic (@topoathletic) [if you do not already]. A photo
will be posted on both @eaglecreekgear and @topoathletic. Comment by liking
the photo and tagging one (1) of your friends who is a runner who you believe
would benefit from wearing Topo Athletics Terraventure trail shoe and using
Eagle Creeks Pack-It Sport packing organizer system. You may also include
original content when commenting, but doing so will not increase your chances of
winning nor will it be taken into account in the winner selection procedure (see
Rule 5 below); but, if you choose to include original content, such content must
be in compliance with the restrictions set forth in Rule 3(d) below in order for your
comment to be an eligible entry.
3. ENTRY RESTRICTIONS:
(a) To result in entry, comment must be posted on the same Instagram page
as the photo posted by Sponsor and Topo Athletic, LLC (that is, either
@eaglecreekgear or @topoathletic, as the case may be).
(b) Only tag a person who

(i)

is eligible for the Sweepstakes as set forth above;

(ii)

you know personally; and

(iii)

you believe is interested in Eagle Creek (and, specifically, its

Pack-It Sport products) and Topo Athletic (and, specifically, its
Terraventure product) and the Sweepstakes.

As Eagle Creek seems to be running point on this project, I made the Company the sole sponsor. Please
confirm that this is accurate.

Entrants must secure a friends permission before tagging him/her.

(c) Entry will be void if (i) more than one (1) friend is tagged in comment; or (ii) no
friends are tagged in comment. (You cannot tag yourself.)
(d) Should you choose to include original content when commenting on posted
photo, an entry will not be received if Sponsor or Topo Athletic, LLC (as
applicable) determine in their sole discretion that such content:
(I)

is inappropriate, obscene, hateful or otherwise unfit for publication;

(II)

advocates the use of alcohol or drugs, acts of violence or illegal

behavior;

(III)

disparages or damages the goodwill and/or business reputation of

Sponsor (or its products) and/or Topo Athletic, LLC (or its products); or

(IV)

is not related to the Sweepstakes theme (i.e., the posted photo and
tagging a friend who could benefit from use of the Terraventure trail
shoe and the Pack-It Sport packing organizer system.)

Grant of Rights. Should a person choose to include original content when

commenting, such individual grants to Sponsor and its designees (including,
specifically, Topo Athletic, LLC) the non-exclusive, irrevocable, perpetual, worldwide,
royalty-free, transferable, sublicenseable right and license to use, perform, exhibit,
reproduce and/or otherwise exploit such original content in any manner and in any
and all distribution channels, venues or media now known or hereafter devised,
without further notice or any compensation to such individual. The preceding grant of
rights is subject to any rights retained by Instagram in its social media platform. Such
individual further (a) waives any Moral Rights of Authors or similar natural rights of
ownership he/she may have in such original content; and (b) agrees, upon the
request of Sponsor and/or its designees (including Topo Athletic, LLC) [as applicable]
and without compensation of any kind, to execute any additional documents so as to
effect, record or perfect the grant of rights contemplated by this section.
Individuals posting original content also understand and agree that (a) Sponsor and its
designees (including Topo Athletic, LLC) have wide access to ideas, stories, designs
and other literary/artistic materials submitted to each of them from outside sources or
being developed by their own employees and that such
ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or
even identical to) the original content and that Sponsor and its designees (including
Topo Athletic, LLC) shall have no liability to such individual or any third party in
conjunction therewith; and (b) Sponsor and its designees (including Topo Athletic, LLC)
do not have any duty of confidentiality or other fiduciary duty to such individual relative
to the original content.
ORIGINAL CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE
APPLICABLE PROSPECTIVE ENTRANT AND DO NOT REFLECT THE
VIEWS/OPINIONS OF SPONSOR OR TOPO ATHLETIC, LLC IN ANY MANNER, EVEN
IF MAINTAINED ON @eaglecreekgear AND/OR ON @topoathletic, AS APPLICABLE.

SPONSOR AND TOPO ATHLETIC, LLC ARE MERELY ENCOURAGING PERSONS TO

COMMENT ON A DESIGNATED POSTED PHOTO AND, AT THEIR SOLE OPTION, TO
POST ORIGINAL CONTENT WHEN COMMENTING; AND, SPONSOR AND TOPO
ATHLETIC, LLC DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.
SPONSOR AND TOPO ATHLETIC, LLC WILL NOT EDIT OR MODIFY ANY ORIGINAL
CONTENT THAT MAY BE SUBMITTED IN CONJUNCTION WITH SWEEPSTAKES
ENTRY.
4. ADDITIONAL ENTRY RESTRICTIONS: Limit of two (2) entries per person (one [1]
entry on @eaglecreekgear and one [1] entry on @topoathletic), regardless of the
number of comments posted2. (A given Instagram account may only be used by one
(1) person to enter the Sweepstakes.) Violation of this limit may result in disqualification
of all entries. Maintenance of a posted comment on the @eaglecreekgear or
@topoathletic does not constitute any representation by Sponsor or Topo Athletic, LLC
(as applicable) as to eligibility; maintenance of a posted comment does not constitute
any representation as to selection as a potential winner in the Sweepstakes. In the
event of a dispute, the owner of the Instagram account used to submit the entry (i.e.,
post the comment), as determined by Sponsor/Topo Athletic, LLC in their sole
discretion, will be deemed to be the entrant. Sponsor and Topo Athletic, LLC are not
responsible for late, lost, illegible/garbled, inaccessible, corrupted, damaged or
misdirected entries/comments, all of which are void. (The preceding includes but is not
limited to posted comments that are in compliance with these Official Rules but are not
captured/recorded by Sponsor and/or Topo Athletic, LLC for any reason.) Sponsor and
Topo Athletic, LLC are 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 Sweepstakes, including but not limited to filtering by
Instagram or other operation of the functionality of Instagram.
Standard message and data rates and/or wireless Internet access charges may
apply when participating in the Sweepstakes. You may be charged by your
wireless carrier in conjunction with entering the Sweepstakes. Be sure to check your
wireless carrier's pricing plan before participating in the Sweepstakes. Wireless
Internet access may not be available in all areas.
5.WINNER DETERMINATION: The winners will be selected via random drawing.
There will be one random drawing from among all eligible entries/comments
received on @eaglecreekgear and a second, separate random drawing from among
all eligible entries/comments received on @topoathletic. The @eaglecreekgear
drawing will be conducted by Sponsor; the @topoathletic drawing will be conducted
by Topo Athletic, LLC. Both drawings will occur on or about December 9, 2016.
Potential winners will be notified via direct message on Instagram (from either
@eaglecreekgear or @topoathletic, as applicable) and must respond to same within
two (2) days in order to remain eligible to win a prize. IT IS THE ENTRANT'S SOLE
RESPONSIBILITY TO CONFIGURE HIS/HER PRIVACY SETTINGS ON
2

I inserted this limit since I generally advise against unlimited entry as it creates an opportunity for
fraud/inappropriate conduct by entrants. Alternatively, we could create a somewhat softer entry limit
(e.g., 5 per person for each Companys Instagram page).

INSTAGRAM SO THAT THE APPLICABLE ENTITY MAY NOTIFY HIM/HER VIA

DIRECT MESSAGE. Winner may also be required to sign and return an Affidavit of
Eligibility, a Liability Release and a Publicity Release (where legal) within five (5)
days. If winner cannot be contacted for any reason, is determined to be ineligible or
not in compliance with these Official Rules or fails to timely sign/return
Affidavit/Release (if applicable) and/or other required documents that Sponsor and/or
Topo Athletic, LLC may require, the Grand Prize will be forfeited and an alternate
winner selected from among all remaining, non-winning eligible entries/comments
received for the applicable random drawing. Entrants agree to these Official Rules
and the decisions of Sponsor and Topo Athletic, LLC, which are final and
binding in all respects.
6. GRAND PRIZE (8; 4 from @eaglecreekgear entries; 4 from @topoathletic entries): a
Trail Venture Prize Pack, consisting of one (1) pair of Topo Athletic Terraventure trail
shoes, one (1) Eagle Creek Pack-It Sport Wet Dry Fitness Locker and one (1) Eagle
Creek Pack-It Sport Shoe Locker.3 Total Approximate Retail Value of each prize:
$157.00. Total Approximate Retail Value of all prizes: $1256.00.
Winner will choose color of prize; size of Terraventure trail shoes may be subject to
availability. Prize must be accepted by winner as awarded. Actual items may differ from
prize images in Sweepstakes advertising (including posted photos on @eaglecreekgear
and @topoathletic); and, Sponsor and Topo Athletic, LLC expressly disclaim any and all
liability in conjunction therewith.
Prize is not transferable or with Sponsors and/or Topo Athletic, LLCs permission, which
may be granted or withheld in the sole discretion of Sponsor and/or Topo Athletic, LLC
and without liability of any kind. No prize substitution permitted except by Sponsor
and/or Topo Athletic, LLC due to unavailability of prize/prize component for any reason
and only then for prize/prize component of equal or greater value. Prize is NOT
redeemable or exchangeable for cash. Taxes on prize (if any) and unspecified
expenses related to the acceptance/use of prize are winners sole responsibility. Prizes
will only be shipped to street addresses in the United States. Sponsor and Topo Athletic,
LLC reserve the right to ship separately the two items comprising the Trail Venture Prize
Pack. Limit of one (1) prize per family/household/address in any Eagle Creek promotion
within the last six (6) month. Odds of winning a prize depend on the total number of
eligible entries/comments received for applicable drawing.
7. CONDITIONS OF PARTICIPATION. For details regarding the collection/use of
personal information by Sponsor in conjunction with the Sweepstakes, please review
Sponsors privacy policy at shop.eaglecreek.com/privacy; Topo Athletic, LLCs privacy
policy can be reviewed at www.topoathletic.com/privacy-policy. By accepting prize,
where legal, winner agrees to the use of his/her name and image for
advertising/trade/publicity purposes by Sponsor and its designees (including Topo
3

Notwithstanding the fact that the winner is tagging a friend when entering, there will be no matching prize
for the tagged friend. Please confirm that this is accurate.

Athletic, LLC) without further compensation or notice. By participating, entrant releases

and agrees to hold harmless Sponsor, Topo Athletic, LLC, their respective parent
companies, divisions, affiliates, subsidiaries, and the directors, officers, employees and
agents of any of the above organizations, as well as Instagram, from any and all liability
arising from the Sweepstakes or the receipt, acceptance, use or misuse of the prize. If
Sweepstakes cannot be conducted as originally planned due to any cause beyond
Sponsors control (e.g., computer virus, act of fraud, natural disaster), Sponsor may
cancel/suspend/modify Sweepstakes and pick the winner(s) for affected drawing(s) from
among all eligible entries/comments received for affected drawing(s) prior to and/or after
action taken by Sponsor or otherwise in any 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 and on @topoathletic.
Tampering with Sweepstakes or violation of Rules will result in disqualification; but,
disqualification shall not represent the sole remedy available to Sponsor and/or Topo
Athletic, LLC. (By way of example only, tampering includes use of programmed or
automated methods of Sweepstakes entry; posting original content that violates the
rights of a third party or otherwise is not in compliance with the content guidelines in
Rule 3[d] above, tagging a friend in ones entry/comment without the friends prior
consent and/or violation of the entry limit). Sponsors and/or Topo Athletic, LLCs failure
to enforce any provision of these Rules is NOT a waiver of such provision. Any dispute
or claim regarding the Sweepstakes will be resolved pursuant to internal, substantive
law of California. Any such dispute/claim must be brought individually (NOT as part of a
class action) in U.S. federal or state court in San Diego County, California, with recovery
being limited to ones actual costs in participating in the Sweepstakes (if any) with all
damages or other forms of recovery being expressly waived. If any provision of these
Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or
unenforceable, it shall be replaced by a substitute provision that most closely
approximates the original intent of Sponsor and is valid, legal and enforceable. The
invalidity/illegality/unenforceability of a given provision shall not affect the remainder of
these Official Rules.
8. WINNERS LIST. For names of prize winners (first name, last initial), send an e-mail
request to EagleCreekPR@vfc.com with Eagle Creek/Topo Athletic Runner
Sweepstakes Winners in the subject line. Winners list will be available after December
30, 2016; winners list request must be received by December 13, 2016 at 9:00 a.m. PT.
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