OPEN APERTURE 2023 TERMS
1. ELIGIBILITY:Applications to the Mountain Hardwear Open Aperture 2023 Program (“Program”) are open only to individuals who (a) are legal residents of the fifty (50) United States and the District of Columbia including United States Territories (b) are at least eighteen (18) years of age and the age of majority in their state of residence at the time of application, (c) identify with one or more underrepresented communities, and (d) are fully vaccinated against COVID-19 at the time of the Mountain Hardwear Open Aperture 2023 Program. Employees of Mountain Hardwear and Mountain Hardwear’s affiliate companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of any such employee, are not eligible.
2. MOUNTAIN HARDWEAR: The Program is Mountain Hardwear by Mountain Hardwear, Inc., 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804 (“Mountain Hardwear”).
3. AGREEMENT TO RULES: By applying for the Program or participating in the Program, you fully and unconditionally agree to and accept these Rules and the decisions of Mountain Hardwear, which are final and binding in all matters related to this Program. Participation in the Program is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. APPLICATIONS: Complete the information requested in the Program application (the “Application”). Applications will be accepted until 11:59:59 PM PDT on May 28, 2023 (the “Application Period”). Applications submitted before or after the Application Period will not be eligible. Proof of submission will not be deemed to be proof of receipt by Mountain Hardwear. By submitting an Application, you warrant and represent that the information in your Application is true and correct.
5. MOUNTAIN HARDWEAR’S RIGHT TO USE AND PUBLICIZE: If you are selected to participate in the Program, you will grant to Mountain Hardwear a broad license to (a) use photos and video Mountain Hardwear may take of you during the Open Aperture 2023 Clinic, and (b) use, reproduce, modify, publish, create derivative works from, and display the photos you create during the Program, including for promotional or marketing purposes, without limitation and without additional review, compensation, or approval from you or any other party.
6. SELECTION OF PARTICIPANTS: On or about June 19, 2023, Mountain Hardwear will evaluate all eligible applications and select six (6) potential Program participants (“Participants”) based on the following criteria: creativity (30%), consistency with Program theme (30%), photography experience (25%), and capacity to lead and serve our commitment to helping marginalized communities to tell their own stories (15%). Mountain Hardwear will attempt to notify each potential Participant by email within seven (7) days. If a potential Participant cannot be reasonably contacted, verified, or confirmed after two (2) attempts (and further attempts at Mountain Hardwear’s sole discretion), a potential Participant declines to participate, or a potential Participant is not eligible to participate in the Program for whatever reason, an alternate potential Participant may be selected.
7. REQUIREMENTS OF PARTICIPANTS:Potential Participants are subject to verification by Mountain Hardwear, whose decisions are final and binding in all matters related to this Program. You are not a Participant unless and until your eligibility has been verified and you have been notified by Mountain Hardwear that verification is complete. Except where prohibited, potential Participants will be required to timely complete and return an affidavit of eligibility (including a declaration of compliance with these Rules), a Form W-9 (for tax reporting purposes), a comprehensive liability waiver and publicity release, and/or other documents requested by Mountain Hardwear. If a potential Participant fails to sign and return these documents within the required time period, an alternate potential Participant may be selected in his/her place. You agree to comply with all health and safety guidelines and instructions provided by Mountain Hardwear during the Program.
8. PROGRAM: Participation is nontransferable, non-refundable, and cannot be redeemed for cash or credit, in whole or in part. No substitution may be made except Mountain Hardwear reserves the right to substitute a program or Program component for one of equal or greater value if the designated Program or Program component is unavailable for any reason. You are responsible for payment of all applicable taxes and any other costs, fees, and expenses not listed below. Any Program details not specified herein will be determined by Mountain Hardwear in its sole discretion. Program benefits will be reported as income to the extent required by law. Any and all activities related to the Program, including without limitation travel and indoor and outdoor activities, including but not limited to hiking, camping, and climbing, are at your own risk, including the risk of illness and death, and subject to restrictions imposed by applicable service providers and governing and regulatory agencies. If a Participant declines or fails to accept a portion of the Program benefits, that portion is forfeited. Actual Program benefits and value may vary based on price fluctuations and other factors. Participant will not receive difference between actual and approximate retail value of Program.
Program includes (a) participation in the Mountain Hardwear Open Aperture 2023 Program in Salt Lake City, Utah, July 21 – 25, 2023; (b) one (1) year of mentorship from a designated Mountain Hardwear mentor; (c) economy/coach class, round-trip airfare for Participant from the major international gateway airport within the U.S. nearest to Participant’s residence to Salt Lake City, Utah; (d) up to four (4) nights single-occupancy hotel accommodations; (e) transportation between the Salt Lake City, Utah airport, hotel, and Program location; (f) rental camera equipment for use during the Program; and (g) curated breakfast, lunch, and dinner meals. Approximate retail value: $1,250 USD. Camera equipment must be returned at conclusion of Clinic. Participant must travel during the date range determined by Mountain Hardwear in its sole discretion or participation will be forfeited in its entirety. Notwithstanding the foregoing, Mountain Hardwear will make reasonable efforts to select travel times acceptable to Participant. Due to limits in availability, travel must be booked according to Mountain Hardwear’s instructions by July 15, 2023, for travel between corresponding with Program dates; travel dates are subject to availability and blackout dates as determined by Mountain Hardwear. Mountain Hardwear will determine flight itinerary. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth by the airline(s) as detailed in the passenger ticket contract, and the standard terms and conditions of other common carriers and accommodation and service providers. Other travel restrictions, conditions, and limitations may apply. Mountain Hardwear will not replace any lost, mutilated, or stolen tickets, passes, travel vouchers, or certificates. Actual Program value may vary based on price fluctuations, departure city, and other factors. Recipient will not receive difference between actual and approximate retail value of Program.
9. GENERAL CONDITIONS: Mountain Hardwear reserves the right to cancel, suspend, or modify the Program if any fraud or other problem corrupts the administration, security, or operation of the Program. In such event, Mountain Hardwear reserves the right to select Participants from the eligible entries received up to the time of the impairment or Mountain Hardwear’s identification of the impairment. Mountain Hardwear reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the application process or the operation of the Program or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law and, should such an attempt be made, Mountain Hardwear reserves the right to seek damages from any such person to the fullest extent permitted by law. Mountain Hardwear’s failure to enforce any term of these Rules will not constitute a waiver of that provision. All activity arising out of and relating to the Program is subject to internal or external verification and auditing for compliance with the Rules and you agree to cooperate with Mountain Hardwear concerning verification and auditing.
11. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: By submitting an Application or participating in the Program, you agree to release and hold harmless the Released Parties (defined below) from and against any claim or cause of action arising out of participation in the Program, including but not limited to, (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware, or software; (d) technical or human error which may occur in the administration of the Program or the processing of applications; (e) lost, delayed, stolen, damaged, incomplete, invalid, unintelligible, garbled, misdirected, mutilated, or undeliverable applications, all of which will be void; or (f) any injury or damage to persons or property including, but not limited to, illness or death, which may be caused, directly or indirectly, in whole or in part, as a result of your application to or participation in the Program. Mountain Hardwear and its parent(s), subsidiaries, affiliates, distributors, and retailers, and all of their respective advertising and promotional agencies, representatives, shareholders, employees, contractors, officers, directors, and agents as well as all social media sites (collectively, the “Released Parties”) expressly disclaim any and all warranties of any kind (whether express, implied, statutory, or otherwise), including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Under no circumstances will the Released Parties be held responsible or liable for your use of the information and/or products or services provided and/or made available through the Program or for errors or anomalies. Released Parties offer no assurances, guarantees, or warranties that the Program will be uninterrupted or error-free and do not guarantee the accuracy or reliability of any information obtained through the Program. Released Parties will not be liable or responsible for damages of any kind related to your participation in or inability to participate in the Program, whether the damages are direct, indirect, incidental, special, or consequential. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part.
12. DISPUTES: Except where prohibited, you agree that (a) any and all disputes, claims and causes of action arising out of, or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Multnomah County, Oregon; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with applying for the Program, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, your rights and obligations, or the rights and obligations of any other applicant or Participant in connection with the any portion of the Program, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon.