OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

  1. ELIGIBILITY: The Mountain Hardwear December 2008 Weather the Weather Sweepstakes is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia or Canada (excluding the Province of Quebec); and (b) are eighteen (18) years of age or older at the time of entry. Employees or contractors of Mountain Hardwear, Inc. or a competitor of Mountain Hardwear or any of their affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. This Sweepstakes is subject to all federal, state/provincial, and local laws and regulations and is void in the Province of Quebec and where prohibited by law.
  2. SPONSOR: This Sweepstakes is sponsored by Mountain Hardwear, Inc., 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804, U.S.A. ("Sponsor").
  3. AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.
  4. ENTRY PERIOD: This Sweepstakes begins on December 1, 2008 at 10:00 a.m. Pacific Time ("PT") and ends on December 31, 2008 at 9:59 a.m. PT (the "Entry Period"). There are four (4) discrete "Weekly Entry Periods" within the overall Entry Period as follows:
      Begins
    10:00 a.m. PT on:
    Ends
    9:59 a.m. PT on:
    Weekly Entry Period 1: December 1, 2008 December 8, 2008
    Weekly Entry Period 2: December 8, 2008 December 15, 2008
    Weekly Entry Period 3: December 15, 2008 December 22, 2008
    Weekly Entry Period 4: December 22, 2008 December 31, 2008
  5. ENTRY: Visit www.mountainhardwear.com and follow the links and instructions to complete and submit the online entry form. Each online entry into this Sweepstakes must be completed in a single, continuous session during the Entry Period. THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON, OR EMAIL ADDRESS PER WEEKLY ENTRY PERIOD. You are solely responsible for the equipment and internet access required to enter or participate in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to restrict participation in this Sweepstakes to any person at any time for any reason and/or to disqualify any entry at any time for any reason. Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider, Internet, Website, or usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.
  6. WINNER SELECTION; ODDS OF WINNING: Within five business days following the conclusion of each Weekly Entry Period, Sponsor will randomly select, electronically or by manual drawing, two (2) potential First Prize winners from among all eligible entries submitted during the particular Weekly Entry Period. Odds of winning a First Prize depend on the number of eligible entries received during the particular Weekly Entry Period. On or about January 5, 2009, Sponsor will randomly select, electronically or by manual drawing, two (2) potential Grand Prize winners from among all eligible entries submitted during the entire Entry Period. Odds of winning a Grand Prize depend on the number of eligible entries received during the Entry Period and the number of Weekly Entry Periods you enter. Potential winners will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Sponsor's decisions are final and binding in all matters relating to this Sweepstakes, including but not limited to eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed, a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be randomly selected by Sponsor from all entries received during the particular Entry Period. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. YOU ARE NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL YOUR ELIGIBILITY HAS BEEN VERIFIED AND YOU HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID.
  7. REQUIREMENTS OF EACH POTENTIAL WINNER: Potential winner may be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize. Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification.
  8. PRIZES:

    Two (2) Grand Prizes: Each Grand Prize winner will receive the winner's choice of one (1) women's or one (1) men's outdoor snowsports apparel package. The Grand Prize women’s snowsports apparel package includes one Mountain Hardwear Revelation™ Jacket, one pair of Mountain Hardwear Synchro™ Pants, one pair of Mountain Hardwear Continuum™ Midweight Tights, one Mountain Hardwear Continuum™ Midweight Long Sleeve Crew, one Mountain Hardwear Nihal™ hat, and one pair of Mountain Hardwear Red Savina™ Gloves. Approximate retail value: $950.00 dollars U.S. The Grand Prize men’s apparel package includes one Mountain Hardwear Hairpin™ Jacket, one Mountain Hardwear Continuum™ Midweight Long Sleeve Crew, one pair of Mountain Hardwear Continuum™ Midweight Tights, one pair of Mountain Hardwear Ascent MCZ™ Pants, one Mountain Hardwear Heat Stamp™ Hat, and one pair of Mountain Hardwear Red Savina™ Gloves. Approximate retail value: $1,000.00 dollars U.S.

    Eight (8) First Prizes: Two First Prizes will be awarded during each of the four (4) Weekly Entry Periods. Each First Prize winner will receive the winner’s choice of one (1) women’s Mountain Hardwear Downhill™ Parka (approximate retail value: $350.00 U.S.) or one (1) men’s Mountain Hardwear Kramer™ Jacket (approximate retail value: $333.00 U.S.).

    Prize Conditions and Limitations. There is a limit of one prize per person, or E-mail address. Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Mountain Hardwear, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Mountain Hardwear in its sole discretion. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.
  9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes if any fraud, virus or other technical problem corrupts the administration, security, or proper play of this Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the E-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to this Sweepstakes is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from this Sweepstakes at any time.
  10. PUBLICITY: Except where prohibited, by participating in this Sweepstakes and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, video, written and other entry materials, as well as additional photographs, video footage or other images that Sponsor may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity (or a shorter period if limited by applicable state law), without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. If you are a winner, you agree to wear Sponsor's branded outerwear and apparel as directed by Sponsor during any trip, photo shoot or filming related to a Prize.
  11. PRIVACY: All personal information submitted by you as part of this Sweepstakes will be treated in accordance with Sponsor's Privacy Policy (accessible from www.mountainhardwear.com), except as otherwise described in these Official Rules and Sweepstakes materials. By participating in this Sweepstakes, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of this Sweepstakes, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.
  12. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of this Sweepstakes; (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 this Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in this Sweepstakes or receipt of any prize.

    SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (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. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THIS SWEEPSTAKES OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THIS SWEEPSTAKES OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SWEEPSTAKES. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.

    BY ENTERING THIS SWEEPSTAKES AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THIS SWEEPSTAKES, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.

    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.
  13. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to this Sweepstakes, and the decisions by Sponsor are final and binding on all matters relating to this Sweepstakes. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 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 Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States of America and 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. By participating in the Weather the Weather Sweepstakes, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
  14. OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules will be posted on www.mountainhardwear.com. You may obtain Sweepstakes results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Mountain Hardwear, Attn: November 2008 Weather the Weather Sweepstakes Team, 1414 Harbour Way South, Ford Point Suite 1005, Richmond, CA 94804. Records may not be available beyond two years unless required by law. Vermont residents may omit return postage for Official Rules requests.