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Official Contest Rules

GoPro Family Cross Photo Competition

ELIGIBILITY:  GoPro Family Cross Photo Competition (the “Competition”) is open to residents of Canada (excluding Quebec), the United States of America and the United Kingdom.

SPONSOR: The Sponsor of this Competition is Whistler Blackcomb, with an address at 4545 Blackcomb Way, Whistler BC V0N 1B4 Canada.

HOW TO ENTER:  No purchase necessary to enter or win. A purchase will not improve your chances of winning. The Competition will begin at 12:00:01 a.m. (Pacific Time (“PT”)) on July 28, 2016 and will end at 11:59:00 p.m. (PT) on August 23, 2016 (the “Competition Period”).

To enter,

-take a photo anywhere in Whistler Mountain Bike Park during the period from July 28, 2016 – August 23, 2016.

-submit the photo to your Instagram account (must be a public account)

-include the hashtag #GoProFamilyCross

-include handle @GoPro

Each properly completed and received photo submission (“Entry”) will receive one entry into the Competition.  Once submitted, an entry cannot be deleted, cancelled or modified.

All Entries must be received during the Competition Period in order to be eligible.

The more photos you submit, the more chances you have to win.

If a submitted Entry contains any material or elements that are not owned by the entrant and/or are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the Entry by Whistler Blackcomb in the manner set forth in these Rules, including, without limitation, name and likeness releases for any person who is mentioned within the Entry (collectively, the “Clearances”). By submitting a completed Entry, the Entrant warrants and represents that he or she consents to the submission and use of the Entry in the Competition, and to its posting on the Internet in connection with the Competition.

Entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than entrant or for which the entrant has not obtained owner’s permission to use; ii) Materials which contain profanities, or bearing the name or likeness of any celebrity, living or dead; iii) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; iv) Materials which contain behaviour inappropriate for a general audience; v) Materials which contain nudity or any depiction of real or simulated sexual acts; vi) Materials which contain extensive or gratuitous violence; vii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; viii) Materials which are derogatory to Whistler Blackcomb, or any affiliated entity or person; ix) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; x) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xi) screen grabs from videos; xii) Materials which do otherwise meet the Entry requirements. Entries which do not conform to these guidelines will be disqualified. Whistler Blackcomb further reserves the right, in its sole and unfettered discretion, to verify at any time during the Competition that all necessary Clearances have been obtained and to disqualify and remove any Entry if it believes that the necessary Clearances have not been obtained.

All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of these Rules may be disqualified by Whistler Blackcomb.  Whistler Blackcomb takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical, production or other errors.  Whistler Blackcomb is not responsible for any errors or omissions in printing or advertising the Competition or in these Official Rules.

PRIVACY: By entering the Competition, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Competition and for the purposes of understanding the needs and preferences of individuals or to develop, enhance, market and/or provide products and services, as more particularly described in the Whistler Blackcomb privacy policy. Whistler Blackcomb will collect, use and disclose such personal information in accordance with the Whistler Blackcomb privacy policy, which can be found at http://www.whistlerblackcomb.com/privacy/index.htm and the Rules.

RULES:  The Competition will be run in accordance with these Official Rules (the “Rules”).  Entrants must comply with the Rules, and will be deemed to have received and understood the Rules by participating in the Competition.  Whistler Blackcomb may, at their discretion, cancel, terminate, suspend and/or amend the Competition and the Rules.  The terms of the Competition, as set out in the Rules, are not subject to amendment or counter-offer, except as set out herein.  Whistler Blackcomb's decisions with respect to the Competition are final and binding.  If any provisions of the Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

WINNER DETERMINATION:  At the conclusion of the Competition Period, each Entry will be reviewed by a judge or panel of judges appointed by Whistler Blackcomb.  Each Entry will be judged based on content and visual and aesthetic criteria, and will be ranked by the panel of judge or panel of judges.  The winning Entry will be chosen at the sole discretion of the judge(s).  All decisions by Whistler Blackcomb (and appointed judge(s)) are final and binding.  The person who submitted the Entry selected to be the winner will be notified by in via direct message Instagram on August 24, 2016. 

GRAND PRIZE

The grand prize is a GoPro Hero 4 Session (approximate retail value $199.99), two Top of the World Bike Park tickets ($100) and an après session at Dusty’s Bar and Grill ($100).

The winning Entry may also be shared through GoPro social media channels.

PRIZE CONDITIONS:

Any difference between stated approximate retail value and actual prize value will not be awarded.  The above prize description constitutes the expected prize and all aspects thereof are subject to availability and subject to change. Winner will be provided with any additional details at time of prize fulfilment.

ODDS:  The odds of winning the Grand Prize depend on the number of eligible Entries received during the Competition Period.

CONDITIONS OF WINNING:  

Before being declared a winner of a prize, the selected entrant will be required to sign and return to Whistler Blackcomb within the period indicated thereon a declaration and release form, notably: confirming compliance with the Rules and acceptance of the applicable prize as offered; acknowledging the non-responsibility of Whistler Blackcomb and their respective employees, directors, officers, representatives and agents with respect to liability, damage, injuries, accident, loss or misfortune relating to (i) participation in the Competition or any related activity, and (ii) acceptance, possession, use or misuse of the applicable prize or any component thereof, to the extent permitted by law; and acknowledging the right of Whistler Blackcomb’s and their respective employees, directors, officers, representatives and agents to collect and publish or broadcast the winner’s likeness, name, address, voice and statements made in relation to the Competition in any publicity, promotion or advertisement carried out by Whistler Blackcomb or its authorized agents worldwide without further notice or compensation, other than the prize offered.

In the event that a selected entrant is not eligible to claim the Grand Prize, or is unwilling or unable to comply with the Rules, or any prize notification is returned as undeliverable, his/her entry will be disqualified and an additional Entry will be chosen from among remaining eligible entries received during the Competition Period (as applicable) until such time that the prize has been successfully awarded.

Winner is solely responsible for the reporting and payment of any applicable taxes on or associated with the acceptance and use of a prize.  Winner may waive his/her right to receive a prize or any component thereof.  The Grand Prize is non-transferable, non-exchangeable, and non-refundable, has no cash value and must be accepted by the winner as awarded.  Upon selection of winning entrant, Whistler Blackcomb will deliver the prize to the winner.  If the winner choses, the prize can also be made available for pick up by the winner at 4545 Blackcomb Way, Whistler, BC, V0N 1B4, Canada. Whistler Blackcomb and the prize suppliers reserve the right to substitute a prize or a component thereof with a prize of equal or greater value in the event that a prize or a component thereof is unavailable due to circumstances beyond their control. 

Entrants acknowledge that the Competition is sponsored by Whistler Blackcomb.  Instagram is a registered trademark of Instagram, Inc.  The Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.  Entrants acknowledge that they are providing their information to Whistler Blackcomb and not to Instagram.  By entering the Competition, entrants acknowledge that they have read, understood and agreed to be bound by the Rules. 

RELEASE:  By entering the Competition, entrants acknowledge that they are releasing Whistler Blackcomb, GoPro, Instagram their respective directors, officers, employees, representatives, agents, affiliates, prize suppliers, advertising and promotion agencies (collectively, the “Releasees”) from any liability whatsoever for any claims, costs, injuries, losses, liability or damages of any kind arising out of or in connection with (i) participation in the Competition or any related activity, or (ii) the acceptance, possession, use or misuse of a prize or any component thereof, (including, without limitation, those related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), to the extent permitted by law.  By entering the Competition, entrants also agree to fully indemnify the Releasees and hold each of them harmless from any and all claims, costs, losses, liability or damages of any kind arising out of or in connection with (i) participation in the Competition or any related activity, or (ii) the acceptance, possession, use or misuse of a prize or any component thereof, by any third party.

Winner acknowledges that the Releasees are not responsible for: (a) any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any entry to be received by Whistler Blackcomb on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer, related to or resulting from playing or downloading materials in this promotion including the recording of game results; (b) any incomplete or inaccurate information, whether caused by the website users or by any equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of entries; or (c) the theft, destruction or unauthorized access to, or alteration of, entries or the contest website.  Whistler Blackcomb reserves the right, in their sole discretion, to cancel, modify or suspend the Competition should a virus or bug or other cause beyond the reasonable control of Whistler Blackcomb corrupt the security or proper administration of the Competition.  Any attempt to deliberately damage any website or to undermine the legitimate operation of the Competition is a violation of criminal and civil laws, and should such an attempt be made, Whistler Blackcomb reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.  Whistler Blackcomb reserves the right to forbid the framing of any of the contents of the contest website and, in their sole discretion, to disqualify any individual who tampers with the entry process.

All Entries become the property of Whistler Blackcomb and may be used by Whistler Blackcomb and GoPro for any proper promotional purpose. 

If the identity of an online entrant is disputed, the authorized account holder of the applicable Instagram account will be deemed to be the entrant.  A selected entrant may be required to provide proof that he/she is the authorized account holder of the Instagram account associated with the selected entry.   The sole determinant of time for the purposes of receipt of a valid entry in the Competition will be the server(s) of Whistler Blackcomb.

DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition, any prize awarded or any use of any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the province of British Columbia, Canada to the extent permitted by law.  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 Whistler Blackcomb in connection with the Competition, any prize awarded or any use of any prize awarded, shall be governed by, and construed in accordance with, the laws of the province of British Columbia, Canada, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the province of British Columbia, Canada.

*NOTE: All prize values are quoted in Canadian currency (CDN).