10 Year Anniversary Contest

• Video Contest Details
• Rules & Regs

Rules & Regs

Whistler Blackcomb’s ‘Whistler Mountain Bike Park 10 Year Anniversary’ Contest Official Rules

ELIGIBILITY:

Whistler Blackcomb’s “Whistler Mountain Bike Park 10 Year Anniversary” contest (the "Contest") is open to legal residents of Canada (excluding Quebec) and legal residents of the United States of America (excluding Arizona, Louisiana, Maryland, Montana, Vermont, Puerto Rico, Rhode Island, New York and Florida) who have reached the age of majority in the province or state in which they reside by June 16th, 2008 (the “Entry Date”). Not valid in the province of Quebec or elsewhere where prohibited by law. Employees of Intrawest ULC, Whistler Mountain Resort Limited Partnership and Blackcomb Skiing Enterprises Limited Partnership (“Whistler Blackcomb”), and their respective affiliates, sponsors, advertising and promotion agencies and members of the immediate family (parent, child, sibling and spouses) and of the household in which all such persons are domiciled are not eligible to enter. Void where prohibited. The Contest is subject to all federal, provincial, state and local laws and regulations.

HOW TO ENTER:

No purchase necessary. To enter the contest for a chance to win the 10 year Bike Park Pass grand prize (“Park Pass Grand Prize”), go to the Official Entry section at http://www.whistlerblackcomb.com/contest, complete all required information on the ‘entry form’ page and click ‘submit entry’, and also upload your video submission (the “Video”)) on the ‘upload video’ page. By submitting a completed entry form and Video for a chance to win the Park Pass Grand Prize, Entrant will also automatically receive one entry for a chance to win the Kona Stab Garbanzo mountain bike (the “Bike Grand Prize”, including the draw for other secondary prizes (the “Secondary Prizes”)).

You may enter the contest for a chance to win the Bike Grand Prize (or Secondary Prizes) only, without submitting a Video: go to the Official Entry section at http://www.whistlerblackcomb.com/contest (the “Contest Website”), complete all required information on the ‘entry form’ page and click ‘submit entry’.

Although online access and an email account are required in order to participate in this contest, no purchase of any kind is required. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free email accounts. The Contest will begin at 11:00:00 a.m. (PST) on June 30, 2008 and will end at 11:59:59 p.m. (PST) on September 10, 2008 (the "Contest Period").

Limited to one entry per email address and limit one entry per person in each of the Park Pass Grand Prize, and Bike Grand Prize draw, sections of the Contest.

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

PRIVACY:

By entering the Contest, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Contest and for the purposes of understanding the needs and preferences of individuals or to develop, enhance, market and/or provide products and services. Intrawest ULC and Whistler Blackcomb will collect, use and disclose personal information in accordance with the Intrawest privacy policy, which can be found at www.intrawest.com/privacy and the Rules.

RULES:

The Contest will be run in accordance with these rules, subject to amendment by Whistler Blackcomb (the “Rules”). Entrants must comply with the Rules, and will be deemed to have received and understood the Rules by participating in the Contest. Whistler Blackcomb reserves the right to amend or terminate all or any portion of this Contest at any time for any reason without prior notice. The Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Whistler Blackcomb. Whistler Blackcomb's decisions with respect to the Contest 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.

VIDEO REQUIREMENTS & USE

The Contest website provides entrants with video footage (“Supplied Footage”) to be used in their Video. Entrant must use only Supplied Footage for the video content of their Video. Entrant may not add additional video elements or content, other than the Supplied Footage (for example, still images, graphics or footage created by Entrant or by third parties may not be used in any way). Entrant may, if they wish, add audio elements to the Supplied Footage in order to create their Video, subject to the terms and entrant’s representations and warranties in these Rules. Any audio elements added must be original and created by Entrant and capable of being used by Whistler Blackcomb and/or Intrawest ULC as contained in the Video, for the purposes described in these rules, without further permission from or payment of compensation or royalties of any kind to any party.

A Video submission must also meet the following requirements:

- Video must be between 90 and 120 seconds long and must be a maximum file size of 50MB

- Video must be submitted in one of the following file formats: .wmv, .mpg, .mov, .mpeg, .avi, .mp4. No other file formats will be accepted, and no other means of submission (e.g. CD, DVD, link to website, etc.) will be accepted

- Video must include a combination of single track and machine made trails. Ratio can be minimal but both must be represented

- the Whistler Mountain Bike Park Anniversary logo must be present in the Video

For criteria used in judging the Videos, see the Judging section below.

By submitting a Video with his or her entry to the Contest, entrant grants to Whistler Blackcomb and Intrawest ULC an irrevocable, non-exclusive and royalty-free, worldwide, perpetual right and license (including the right to sublicence) to reproduce, distribute, broadcast, post, publish, public perform, transmit, adapt, exhibit, encode, store, and/or otherwise use or display, in perpetuity throughout the world, in whole or in part, the Video, for the purpose of promoting the Video, the Contest, Whistler Blackcomb and/or the Whistler Blackcomb Bike Park, in all media now known or hereafter devised, including but not limited to distribution over the internet, promotional purposes on Whistler Blackcomb television, and use at trade show booths. Entrant grants these rights to Whistler Blackcomb and Intrawest ULC free of charge, and agrees that no further permissions from or payment of compensation or royalties to Entrant or any other party are required. Entrant also waives any intellectual property rights, privacy or publicity rights, moral rights, or any other legal right he or she may have acquired in the Video or its elements, if any, that might preclude Whistler Blackcomb and Intrawest ULC from using the Video, and entrant agrees not to assert any claim against Whistler Blackcomb and Intrawest ULC, its licensees, or affiliated or related companies for their use of the Video.

By submitting a Video with his or her entry to the Contest, entrant represents and warrants that:

- Entrant used only Supplied Footage for the video elements of the Video. Entrant did not use any other still images, graphics, video footage or other video elements created by Entrant or by third parties in creating the Video.

- The Video, including any added content other than the Supplied Footage, does not infringe on any intellectual property, privacy or publicity rights or any other legal or moral rights of a third party.

- If the Video contains added content other than the Supplied Footage, Entrant represents and warrants that such added content is original to Entrant, and he or she owns, controls or has the license to 100% of the rights in and to the added content, and has the full right and authority to grant Whistler Blackcomb and Intrawest ULC the right to use the Video for the purposes set out in these Rules. Any such added content shall not be subject to the jurisdiction of the American Federation of Musicians or other similar guild or organization in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with Whistler Blackcomb and Intrawest ULC's exercise of the rights granted herein (including, without limitation, any payments in respect of neighbouring rights). Entrant has not previously assigned any or all of the performing rights in and to the added content to any performing rights society, and has not previously assigned any or all of the publishing rights in and to the added content to any publishing company, record company or other person or entity whatsoever.

- In creating the Video, or in adding content to the Supplied Footage to create the Video, entrant represents and warrants that the Video is not offensive to the online community (for example promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), could be harmful to minors, harasses or advocates harassment of another person, promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, contains any confidential information of any kind, displays pornographic or sexually explicit material of any kind, or otherwise contains content that could be reasonably seen as inappropriate.

- No further permissions, consents or payments are required from or to, entrant or any third party in connection with the use by Whistler Blackcomb and Intrawest ULC of the rights granted hereunder, there is and will not be any agreement with a third party that may in any way interfere with Whistler Blackcomb and Intrawest ULC’s rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever.

Whistler Blackcomb reserves the right to review any submitted Video at any time, and to remove or disqualify any Video which, in its sole discretion, is deemed to be inappropriate, offensive, or it deems may otherwise be in violation of these Contest rules, applicable laws or regulations, or the rights of any third party.

PRIZES

There are two (2) sections to this Contest, a judged Video entry section and the random draw section.

GRAND PRIZE FOR VIDEO ENTRY

One (1) Grand Prize will be awarded in the Video entry section of the Contest, namely the Park Pass Grand Prize, consisting of:

• One (1) ten (10) year non-transferable Whistler Mountain Bike Park pass (or ten (10) consecutive, non-transferable seasons passes, at Whistler Blackcomb’s option), valid for the mountain bike park seasons from September 22, 2008 to September 22, 2018:

• Travel (including but not limited to travel to and from the Whistler Mountain Bike Park), and accommodations are not included. Winner of this Grand Prize is responsible for all meals, ground transportation, taxes, gratuities, activities, required passports or travel documents and any other expenses which are not explicitly stated in the Rules as being included in the Park Pass Grand Prize.

• The approximate retail value of the Park Pass Grand Prize is $7,500 CDN/$7,410 US*.

• The pass(es) may have additional rules that apply or conditions that must be met in order to use or receive it/them. Park Pass Grand Prize winner agrees to such rules and acknowledges that if such conditions are not met, the Park Pass Grand Prize may not be awarded to winner. Some restrictions may apply. Certain activities or properties may not be available at time of visiting the Whistler Mountain Bike Park.

GRAND PRIZE AND SECONDARY PRIZES FOR DRAW SECTION OF CONTEST

One (1) Grand Prize will be awarded in the draw section of the Contest, namely the Bike Grand Prize, consisting of one (1) 2008 Kona Stab Garbanzo mountain bike. Approximate retail value of the Bike Grand Prize is $5,500 CDN/$5,440 US*.

A total of six (6) Secondary Prizes will be awarded in the draw section of the Contest, each consisting of one of the following:

a) One (1) Kona T-Shirt. Approximate retail value is $30 CDN;

b) One(1) Kona Hoodie Pullover. Approximate retail value is $50 CDN;

c) One (1) Race Face Crank Set. Approximate retail value is CDN$50 CDN. (Two (2) of these prizes are available.); or

d) One (1) Race Face Handle Bars CAD$80. (Two (2) of these prizes are available.)

Prizes must be accepted as awarded and cannot be transferred, substituted or redeemed for cash. Whistler Blackcomb and Intrawest ULC reserve the right, in their sole discretion, to substitute any prize for another prize of equal or greater value should all or part of the Grand Prize become unavailable for any reason.

Any difference between stated approximate retail values and actual prize values will not be awarded. The above prize descriptions constitute the expected details thereof are subject to availability and subject to change.

JUDGING, WINNING AND NOTIFICATION

Winners of the prizes will be announced on September 22, 2008 on the Contest Website, and will be selected as follows.

PARK PASS GRAND PRIZE

One (1) potential Park Pass Grand Prize winner (the “Potential Park Pass Grand Prize Winner”) will be chosen from among all eligible Video entries received by a judging panel of three judges (the “Judges”). The Judges will consist of three Whistler Blackcomb representatives. Selection of the Potential Park Pass Grand Prize Winner will be at the sole discretion of the Judges and will be based on the following criteria for evaluating the Video entries:

1. High priority criteria:

• Video must include a combination of single track AND machine made trails. Ratio can be minimal but both must be represented.

• The Whistler Mountain Bike Park Anniversary logo must be present in the Video.

• Original ideas: most of the footage has been used already in films by professional productions companies. We want to see something unique/different.

• All submissions must be between 90 and 120 seconds in length.

2. Medium priority criteria:

• The level at which the Video inspires the viewer to go out and ride in the Whistler Blackcomb Bike Park.

3. Low priority criteria:

• Editing/production quality. This criteria may be also used by Judges as a tie-breaking element should they determine that more than one Video

The Judges will base their decisions strictly on the Video uploaded to the Site by each Entrant. The Judges will select the Potential Park Pass Grand Prize Winner after the Closing Date and will notify him/her by telephone on or before September 16, 2008 (the “Notification Date”) that they have been selected as the Potential Park Pass Grand Prize Winner.

BIKE GRAND PRIZE & SECONDARY PRIZES

On September 12, 2008 in Whistler, B.C., one (1) potential Bike Grand Prize winner and six (6) potential secondary prize winners (collectively “Secondary Prize Potential Winners”) will be selected by a random draw from all eligible entries received. Whistler Blackcomb will notify each of the Secondary Prize Potential Winners by telephone on or before the Notification Date that they have been selected as a Potential Secondary Prize Winner.

NOTIFICATION RESPONSE

Each selected potential prize winner will have five (5) days from the Notification Date to respond to Whistler Blackcomb by telephone at the number provided by Whistler Blackcomb in the notification message. If the selected potential prize winner does not respond in accordance with the Contest Rules or the selected potential winner does not comply with the Contest Rules, he/she will be disqualified and will not receive a prize and another potential prize winner will be selected. Whistler Blackcomb and Intrawest ULC are not responsible for the failure for any reason whatsoever of selected potential prize winner to receive notification or for Whistler Blackcomb to receive a selected potential prize winner’s response.

Before being declared a winner, a potential prize winner who is a resident of Canada must correctly answer a mathematical skill-testing question. Before being declared a winner of any prize, the selected potential prize winner will be required to sign a declaration and release form confirming compliance with Contest Rules and acceptance of prizes as offered; acknowledging the non-responsibility of Intrawest ULC and Whistler Blackcomb and their respective agents with respect to injuries, accident, loss or misfortune relating to the prize; and acknowledging Intrawest ULC’s and Whistler Blackcomb’s and their respective agents’ right to publish or broadcast the winner’s photograph, likeness, name, address, voice, prize information, biographical information and/or statements for publicity and promotional purposes in association with this contest and his or her submitted entry, without charge or further compensation other than the prize offered.

In the event that a selected entrant is not eligible to claim their prize or does not claim their prize within one month of the draw, or is unwilling or unable to comply with the Rules, or any prize notification or prize is returned as undeliverable, that entry will be disqualified and additional entries will be drawn from remaining eligible entrants until such time that all prizes have been successfully awarded.

Each contest winner is solely responsible for the reporting and payment of any applicable taxes on their prize. Winner may waive their right to receive a prize. All contest prizes are non-transferable, non-exchangeable, and non-refundable, have no cash value and must be accepted by the winner as awarded. Whistler Blackcomb and the prize sponsors reserve the right to substitute a prize of equal or greater value in the event that the specified prize is unavailable due to circumstances beyond their control.

GENERAL

Entrants acknowledge that this is a Whistler Blackcomb contest. By entering the Contest, entrants acknowledge that they have read, understood and agreed to be bound by the Rules.

By entering the Contest, entrants acknowledge that they are releasing Intrawest ULC, Whistler Blackcomb and their respective affiliates, sponsors, advertising and promotion agencies and the immediate family and household members of the above, and each of their respective affiliated companies, directors, officers, employees, representatives and agents from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any prize, including any travel, skiing or snowboarding related thereto (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). Entrant also agrees to fully indemnify Whistler Blackcomb, Intrawest ULC and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, related companies, suppliers, sponsors and agents from any and all claims by third parties relating to the Contest, or relating to or arising from entrant’s conduct in creating the Video and/or including content in the Video other than Supplied Footage, or entrant’s breach of his or her representations and warranties herein, without limitation.

Whistler Blackcomb, Intrawest ULC and their agents 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 e-mail entry to be received by Whistler Blackcomb or Intrawest ULC 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 of programming associated with or utilized in the contest, 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 website. Whistler Blackcomb and Intrawest ULC reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus or bug or other cause beyond the reasonable control of Whistler Blackcomb and Intrawest ULC or their agents corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Whistler Blackcomb and Intrawest ULC reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Intrawest ULC and Whistler Blackcomb reserve the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process.

All entries become the property of Whistler Blackcomb and will not be returned. If the identity of an online entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitted e-mail address is considered the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid online entry in the Contest will be the contest server(s).

*NOTE: All prizes are quoted in Canadian funds (CDN) and calculated into approximate USD funds (US) using an exchange rate 1-1. Exchange rates are subject to change at any time.

Whistler Blackcomb’s ‘Whistler Mountain Bike Park 10 Year Anniversary’ Contest Website Terms of Service & End User Terms of Use

Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth below (“Privacy Policy”), apply to your use this website (the “Contest Website”).

By accessing and using the Contest Website you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Contest Website. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Contest Website.

Introduction

This Contest Website is provided as an interactive and informational resource, and entry method, for the ‘Whistler Mountain Bike Park 10 Year Anniversary’ Contest. It is provided to you by Whistler Mountain Resort Limited Partnership by its general partner, Intrawest ULC and Blackcomb Skiing Enterprises Limited Partnership, by its general partner, Intrawest ULC (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Contest Website may be provided to you in conjunction with a service provider and their content providers, business partners, and other parties (collectively, “Service Provider”).

Use of the Contest Website

This Contest Website contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Contest Website, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under Canadian, United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Contest Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Contest Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Contest Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Contest Website. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our judgment, may damage any goodwill in the Third-Party Trademarks.

The Contest Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Contest Website contains content posted, stored, or displayed at the direction of users of the Contest Website, for which we cannot accept any responsibility or liability.

The Contest Website is for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by us. The following activities are expressly prohibited:

(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications,
(ii) any use of the Contest Website, which in our sole judgment, degrades the reliability, speed, or operation of the Contest Website or any underlying hardware or software thereof, and
(iii) any use of the Contest Website which is unlawful or in violation of these Terms of Use.

By using the Contest Website, you represent and warrant that you are at the age of majority or older in your place of residence. Your account may be terminated without warning, if we believe that you are under the age of majority.

Membership in the Contest Website is subject, in our sole discretion, to termination at any time.

User Content

The Contest Website may now or in the future permit the submission of content at the direction of users of the Contest Website (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit including but not limited to your video submission to the Contest (the “Video”) and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Contest Website and these Terms of Use and the Contest Official Rules, located at http:www.whistlerblackcomb.com/bike; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Contest Website, Contest Rules and these Terms of Use. By submitting the User Content to us, you hereby grant us and, to the extent necessary for our Service Provider to provide its services in the Contest Website, a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Contest Website and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Contest Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Contest Website a non-exclusive license to access your User Content through the Contest Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content to the extent permitted through the functionality of the Contest Website and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

.

In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, (other than video footage supplied by the Contest Website for the purpose of creating your Video submission) including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Contest Website, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Contest Website, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Contest Website more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Jeremy Olsen, Whistler Mountain Bike Park and Summer Marketing Fax: (604) 938 7527 / Email: jolsen@intrawest.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on this Contest Website.

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Contest Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. WE SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTEST SITE AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE CONTEST WEBSITE WILL OPERATE ERROR FREE OR THAT THIS CONTEST WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTEST WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE CONTEST WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE THE CONTEST SITE AND THE CONTENT, INCLUDING USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the court of competent jurisdiction sitting in the City of Vancouver, BC. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the use of the Contest Website, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

By using the Contest Website, you consent to the collection, use and disclosure of your personal information for the purposes of administering and running the Contest Website and for the purposes of understanding the needs and preferences of individuals or to develop, enhance, market and/or provide products and services. Whistler Blackcomb will collect, use and disclose personal information in accordance with the Intrawest privacy policy, which can be found at www.intrawest.com/privacy and these Terms of Use.