Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Tested For Life Consumer Tryouts ("Promotion") begins at 9:00:00 AM Eastern Time (“ET”) on October 9, 2019 and ends at 8:59:59 AM ET on December 1, 2019 (“Entry Period”). All times referred to herein are U.S.A. times. The computer clock of Sponsor is the official time-keeping device in the Promotion. The promotion combines a contest of skill (“Contest”) and a game of chance (“Sweepstakes”).  Where appropriate, the Contest and Sweepstakes will be collectively referred to as the “Promotion”.

  1. ELIGIBILITY: The Promotion is open only to legal residents of forty-nine (49) United States and the District of Columbia (excluding Rhode Island and Puerto Rico), who are at least eighteen (18) (except Alabama and Nebraska, 19 and 21 in Mississippi) years of age or older at the time they enter the Promotion or cast a vote, as described below. Not eligible for any portion of the Promotion are employees, officers and directors of W.L. Gore & Associates Inc. (the “Sponsor”), Gore, Sitka, AKQA, Media Gravity, Carat, Dentsu Digital, The Stem, and any of their subsidiaries and affiliates, respective parent companies, advertising, fulfillment and marketing agencies, (collectively, “Promotion Parties”), their immediate family members (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not). By participating in the Promotion, you release, discharge and hold harmless the Promotion Parties, and their respective officers and employees, from any and all damages whether direct or indirect, which may be due to or arise out of your participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any prize you may receive. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation.

 

  1. TIMING:
    • Phase 1: Entry Period:  Begins at or about 9:00:00 AM ET on October 9, 2019 and ends at 8:59:59 AM ET on December 1, 2019
    • Phase 2: Voting:  Jury selection of five (5) finalists will occur from December 2 – 8, 2019.
    • Phase 3: Public Vote to determine grand prize winner:  Begins at or about 9:00:00 AM ET on December 9, 2019 and ends at 8:59:59 AM ET on December 15, 2019
    • Phase 5: Winner Announcement:  The Contest Grand Prize Winners will be announced on or about December 16, 2019

 

  1. HOW TO PARTICIPATE (Phase 1: Call For Contest Entries & Voting): Go to www.instagram.com and submit a photo or video using #TestedForLife and tag @goretexna. The hashtag must be used and the GORE-TEX brand channel must be tagged in order to constitute an entry. After your submission is approved by the Sponsor, based on compliance with the “Photo Requirements of Contest Entries” listed below, your entry will appear in the public gallery on www.gore-tex.com/my-tryout. Once your submission is approved, you will receive one (1) entry into the Contest (“Entry”). Limit of three (3) Entries per person throughout the Contest Entry Period. In the event that more than three (3) entries are received, only the first three (3) will be considered.

By submitting an Entry, you hereby grant permission for your Entry to be posted on one of the Promotion Websites other websites. You agree that Promotion Parties are not responsible for any unauthorized use of Entries by third parties. Promotion Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any other promotion, without the express consent of Sponsor in each instance.

By submitting an Entry, you represent and warrant that (a) the work submitted is original to you and you are the legal and beneficial owner of the copyright and all other intellectual property rights in and to the Entry and its contents, (b) that neither the Entry  nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property, (c) that you have the full right and are under no restriction to submit the Entry and participate in the Contest; and (d) that you have the full right to grant the license to Sponsor and its affiliates as set forth in these Rules; (e) the Entry has not been previously published, has not won previous awards. If your Entry includes likenesses of third parties or contains elements not owned by you, (such as, but not limited to, company logos other than GORE-TEX or one of our brand partners, any individual who is clearly seen that is not the entrant) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.

REQUIREMENTS OF CONTEST ENTRIES:  Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  • Is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or sexual orientation; profane or pornographic; contains nudity;
  • Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • Is obscene or offensive; endorses any form of hate or hate group;
  • Appears to duplicate any other submitted contest entries; 
  • Defames, misrepresents or contains disparaging remarks about other people or companies;
  • Contains trademarks, logos, or trade dress GORE-TEX and our brand partners (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
  • Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  • Contains any individual other than the you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
  • Contains look-alikes of celebrities or other public or private figures, living or dead;
  • Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
  • Violates any law.

By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Promotion that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.

 

  1. CONTEST FINALIST JUDGING:  Phase 2 Judging begins at or about 9:00:00 AM ET on December 2, 2019 and ends at 8:59:59 AM ET on December 8, 2019. The judging panel, selected by the Sponsor, will score the Entries up to the maximum amount of points allowed. Finalist Judging will be based on the following criteria:
  • Uniqueness of idea (50%)
  • Showcases GORE-TEX brand product and product benefits clearly – for example, windproof, waterproof, breathable (50%)

The Finalists will be posted on Instagram in a news feed post for public voting during Phase 3.

 

  1. PUBLIC VOTE (Phase 3: Finalist Gallery & Public Vote for Contest & Sweepstakes Entry): To vote, you must be at least the age of majority of your state/province/nation of residence at the time of voting. Voting for Phase 3 begins at or about 9:00:00 AM ET on December 9, 2019 and ends at 8:59:59 AM ET on December 15, 2019. To place a vote, visit www.instagram.com/goretexna during Phase 3 and “like” the photo of the finalist you wish to vote for. Comments will not be counted as votes. Limit one vote per person.  You are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.  Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process will be void. Any attempt to exceed the limited number of votes, shall give the Sponsor the right to void the votes in question and disqualify the Entry, at its sole discretion. 

The Entry with the highest number of votes (“likes”) will be deemed the potential Contest Grand Prize winner for the Promotion. A total of One (1) Contest Grand Prizes will be awarded to the winner selected from the United States Entries. In the event of a tie, an additional “tie-breaking” judge will be brought in to evaluate the tied entries, based on the highest score for Public Votes above. Sponsor reserves the right not to award any of the Contest Grand Prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.

 

  1. PRIZE NOTIFICATION FOR CONTEST AND SWEEPSTAKES WINNERS: Prizes will be awarded only after a winner’s eligibility is verified by Sponsor. The potential Contest AND Sweepstakes winners will be notified by email and the Contest Grand Prize winner will be sent a Declaration of Eligibility/Liability Release via email. All forms must be completed, signed and returned to Administrator within fourteen (14) business days of date of issuance. If the potential winner of any prize cannot be contacted, is ineligible, fails to claim the prize, if the Prize Notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner from among all non-winning eligible Entries received. Contest Winners will be announced on the Promotion Websites or about June 26, 2019.

 

  1. PROMOTION PRIZES/PRIZE LIMITATIONS:

A total of One (1) Contest Grand Prizes and six (6) Random Weekly Prizes will be awarded to the winners selected from the United States Entries during the Promotion as detailed below.

CONTEST GRAND PRIZES (1): One (1) Contest Grand Prize will be awarded for the United States. Each United States Contest Grand Prize winner will receive:

  • An all-inclusive 7 day trip for two (2) people to Glacier National Park with National Geographic Tours. Trip package will include:
    • Round-trip air transportation for winner from a major airport, as determined by Sponsor, near the winner’s home within the continental U.S.
  • All meals and lodging included in the trips as outlined here: https://www.nationalgeographic.com/expeditions/destinations/north-america/land/glacier-national-park/
  • One (1) GORE-TEX jacket
  • One (1) pair of GORE-TEX gloves
  • One (1) pair of GORE-TEX shoes

The Approximate Retail Value (“ARV”) of the Contest Grand Prize is $15,000.

CONTEST GRAND TRIP PRIZE RESTRICTIONS: Actual prize value depends on the location of the winner’s residence and dates of travel. Travel must be chosen from dates available through National Geographic Tours as listed here: https://www.nationalgeographic.com/expeditions/destinations/north-america/land/glacier-national-park/. Any difference between stated value and actual value will not be awarded. Winner is responsible for any transportation not specifically noted in these rules. Winner is responsible for obtaining all necessary travel documents prior to travel. Certain restrictions, as determined by Sponsor, may apply. Sponsor will attempt to accommodate winner’s preferred itinerary, but all specifics thereof will be at Sponsor’s discretion. If winner cannot comply with these restrictions or any other portion of these Official Rules, the prize will be forfeited in its entirety and an alternate winner will be chosen. Winner must travel from major airport closest to the winner’s residence, as determined by Sponsor, in its sole discretion. Any picture identification requirements associated with air travel are the winner’s responsibility. In the event the winner lives within 100 miles from the travel destination list above, ground transportation only (not air transportation) will be provided to and from the hotel. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice and trip must be taken on a date of the Sponsor’s choosing. If winner cannot travel on the dates specified by Sponsor, the prize will be forfeited in its entirety and the prize may be awarded to an alternate winner selected in a random drawing from among all remaining eligible entries. Flight details are subject to availability and airline carrier’s regulations and conditions apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Promotion Entities are not responsible for lost or mutilated tickets and none will be replaced. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. Prize details and inclusions will be determined at the sole discretion of Sponsor. If any portion of the prize is not available for any reason then the Sponsor reserves the right to substitute that portion of the prize with another prize of comparable or greater value. All federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not listed herein as part of the prize including, without limitation, ground transportation (other than that specified above as included in prize), luggage fees, souvenirs, miscellaneous hotel expenses, and gratuities are the sole responsibility of winner.

GENERAL PRIZE LIMITATIONS: Limit of one (1) Grand Prize and one (1) Sweepstakes Prize per person/per household. A Contest Grand Prize Winner is eligible to win a Sweepstakes Prize. A Sweepstakes Prize winner is eligible to win the Contest Grand Prize. All prizes will be fulfilled in approximately six (6) to eight (8) weeks after the Promotion has ended. If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, or will be void. Entries generated by script, macro or other automated means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.

  1. OWNERSHIP OF ENTRIES:  By submitting an Entry, you agree to be bound by these Official Rules and grant Sponsor an exclusive, fully paid-up, perpetual and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels. By submitting an Entry, you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Event and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. If you are the Contest  Grand Prize winner, you hereby grant Sponsor an exclusive, fully paid-up and royalty-free, perpetual worldwide license to use, modify, adapt, and reproduce, sell, market, advertise and distribute the Entry and to manufacture, sell, distribute, market and advertise any consumer product incorporating or based on the Entry with any amendments or revisions thereto in all manner and through all channels worldwide. You also grant third parties the perpetual, royalty-free, worldwide right to download your Entry or modified versions of your Entry on their consumer products.  You agree that this consent is perpetual and cannot be revoked.  For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor website.

 

  1. GENERAL PRIZE CONDITIONS: No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. If any winner is considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

 

  1. MISCELLANEOUS: Promotion Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, damaged, delayed, undelivered or misdirected Entries, all of which are void. Online Entries will be considered to be entered by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By entering the Promotion, you recognize and agree that the registration and voting information provided by you will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found in English at https://www.gore.com/privacy. Upon entering the Promotion, winners grant Sponsor the right to print, publish, broadcast, and use world-wide in any media now known or later developed, the winner's name, portrait, picture, voice, likeness, city and state of residence, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. You agree to comply with these Official Rules and the decisions of the Sponsor and judges shall be binding and final.

 

  1. RELEASE: As a condition of entering the Promotion, you agree (and agree to confirm in writing, if requested) that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form class action; (3) in no event will you be entitled to receive attorneys’ fees and court costs. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS PROMOTION PARTIES AND THEIR SUBSIDIARIES AND AFFILIATED COMPANIES, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. DISCLAIMER: Promotion Parties are not responsible for printing or typographical errors in these Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Promotion and award the prizes for the Promotion from among all eligible, non-suspect entries received (i) as of the date of termination using the judging procedure outlined above or in a random drawing for the Sweepstakes if for any reason this Promotion is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Promotion. Promotion Parties are not responsible or liable for any events which may cause errors and/or the Promotion to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to yours or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Promotion Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Promotion, the processing of Entries, or in any other Promotion-related materials. Promotion Parties may stop you from participating in this Promotion if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 9.

CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of Delaware. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of Delaware. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

 

  1. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. If Contest Grand Prize Winner is a resident of the United States, a 1099 tax form will be issued to them.

 

  1. WINNERS LIST: To receive the list of winners, send an email to the following email address by December 31, 2019: [email protected].
    SPONSOR: W.L. Gore & Associates Inc., 555 Paper Mill Road, Newark, DE 19711, USA

© Copyright 2019 W. L. Gore & Associates, Inc. All rights reserved.

GORE-TEX, GORE, and designs are trademarks of W. L. Gore & Associates. All other trademarks are the property of their respective owners.

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