The North Face Global Climbing Day Challenge Terms and Conditions
Sponsored by The North Face (“Sponsor”)
No entry fee. No purchase, payment, or donation of any kind is necessary to enter or win. This KAYA Challenge (“Global Climbing Day Challenge”, “Challenge”) begins at 12:01:00 AM Pacific on August 9th, 2021 and ends at 11:59:59 PM Pacific on August 21st, 2021 (“Challenge Period”).
1. Eligibility: Global Climbing Day is open to individuals eighteen (18) or older (“Participant”), as of the date of entry, who have an active KAYA account, email account, and Internet access as of the beginning of the Challenge Period. Employees, officers, and/or directors of Sponsor and Project 9a Labs, Inc. (“KAYA”) are eligible to participate in Challenge but are not eligible to win any prize listed in this agreement. Participation in Global Climbing Day constitutes entrant’s full and unconditional agreement to and acceptance of these Terms and Conditions. The Prizes are only available to United States residents. VOID WHERE PROHIBITED.
2. How To Enter: Registration for the Global Climbing Day Challenge begins at 12:01:00 AM Pacific on August 9th, 2021 and ends at 11:59:59 PM Pacific on August 21st, 2021 (“Registration Period”). Entry is only available with the use of the KAYA App and is free to all participants. To enter, open the KAYA app, log into your KAYA account, navigate to the official The North Face profile, @thenorthface, click on the Events tab, and follow the instructions to complete entry. Upon receipt of a completed entry, a Participant’s name will be displayed on The Global Climbing Day leaderboard and Participant can begin participating in the challenge as outlined by the rules in Section 6 of this agreement.
Entry Limitations and Restrictions: Only fully completed entries submitted during the Registration Period are eligible. Any incomplete, corrupted, or untimely entries are void and ineligible to win.
Entry Limit: For this Challenge, the entry limit is limited to one (1) Participant per account. Multiple participants may not share the same email address. Using multiple email addresses, identities, addresses, logins, devices, or any other tactics used in an effort to exceed the maximum number of entries allowed is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Challenges, at Sponsor’s and KAYA’s discretion.
3. Entry Conditions and Release: As a condition of entering any Challenge, Participant expressly:
Consents to receive information or promotional materials from KAYA, Sponsor, or any of the other Challenge Partners, via email and/or mail;
Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of KAYA and/or the Sponsor, which will be binding and final in all matters relating to the Challenge
Releases the Challenge Sponsor(s) and Partners from all liability, loss or damage or expense arising out of or in connection with participation in any Challenge or the acceptance, use, or misuse of any Prizes;
Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
Agrees that all claims, disputes, or causes of action arising out of or connected with any Challenge, or any Prizes awarded, shall be individually resolved in binding arbitration, per KAYA’s official Terms of Service, found at https://www.kayaclimb.com/terms-of-service, without resort to any form of class or representative action.
4. Rules: The Global Climbing Day Challenge is an indoor and outdoor bouldering competition. Bouldering, as defined by general climbing terms, means climbing any boulder problem (“Boulder”) identified by traditional bouldering grading scales, such as but not limited to, the V-Grade or Font grading scale and outlined in the rules below for acceptable climbs. Climbing on any artificial surfaces, indoor or outdoor, such as but not limited to, indoor climbing gyms, outdoor climbing gyms or walls, and boards (defined as a training board, such as the “Moon” board) are allowed for this Challenge. Outdoor climbing walls on playgrounds and home walls (defined as private walls that are not accessible by the general public) are excluded from this Challenge. All competitors must make a best faith effort to update their scorecard on an ongoing basis. Competitors that knowingly withhold scorecard entries over long periods of time, defined as but not limited to the following examples, will be disqualified from the Challenge:
Updating a scorecard on a weekly basis in an attempt to “dump” many videos and sends at once.
Waiting to update a scorecard in an attempt to take advantage of other’s positions on the challenge leaderboard
Knowingly withholding a scorecard update more than two days after finishing a climb and recording a beta video
How to Win:
Participant(s) will earn one point for each successfully uploaded beta video (“Beta Video”) attached to any send (“logging a send”), as defined by the Acceptable Boulder conditions below. There is no limit to the number of sends a Participant may earn.
Each Beta Video must meet the following criteria to be eligible for raffle entry:
Beta Video must clearly show the boulder in full frame;
Beta Video must clearly show the climber in full frame and all movement must be easily identifiable;
Beta Video audio must not contain any explicit content, including but not limited to, verbal language, explicit clothing, explicit gestures
Beta Video submissions are limited to one (1) video per Acceptable Boulder per Participant.
Category Prize Winner(s)
Participant(s) that place first (1) through fiftieth (50th) on the challenge leaderboard are eligible to win one (1) The North Face Duffel Bag (size small). Participants that place fifty-first (51st) through two-hundreth (200th) on the challenge leaderboard are eligible to win one (1) The North Face International Collection Tee. Points are accrued by completing Acceptable Boulder(s) within the Challenge Period. Only Boulders that meet the following criteria will be eligible and count towards a Participant’s score (“Acceptable Boulder”).
Acceptable Boulder(s) are defined as;
Boulders that exist in a public climbing gym.
Boulders that exist on a training board, such as but not limited to, the Moonboard, Tension Board, Grasshopper Board, and Kilter Board.
Boulders that exist on public land, accessible by all Participants. Boulders on private land are not permitted regardless of whether or not a Participant has received explicit permission to access said private land.
Boulders that do not reside in areas or on land that currently involve ongoing access issues or disputes of access. Contact your Local Climbing Organization or the Access Fund for more information regarding ongoing access issues in your region.
Known and existing boulders that have publicly identifiable access information such as through the KAYA app or online or print guidebooks.
First ascents are allowed for the challenge so long as the Participant and/or first ascensionist adds the climb information to the KAYA database and provides meaningful and actionable details about said Boulder that outline the location, access information, and photo identification of said Boulder;
Variations on existing climbs, such as but not limited to, low starts, linkups, alternative exits may be permitted at the discretion of KAYA and/or Sponsor. Exploitation of the use of variation starts or finishes will result in immediate disqualification;
KAYA and/or Sponsor, in its sole discretion, reserves the right to remove, restrict, or void any Acceptable Boulder at any time during the Challenge for any reason deemed appropriate.
A Participant’s Score is automatically calculated by the KAYA app, using the scoring table below, upon successful submission of each Acceptable Boulder and must include an accompanying video uploaded to each Acceptable Boulder. An accompanying video will be accepted as valid within the competition as defined by, but not limited to, the following conditions:
The Participant can be seen in clear, full frame of the video successfully completing each Acceptable Boulder from start to finish as defined by the generally accepted climbing term, “Redpoint”, meaning to complete the climb in one attempt without rest or physical aid or assistance.
Acceptable Boulders which have an established “top out”, generally meaning to climb the boulder to the top instead of down climbing or jumping off, must be climbed as such.
The Participant establishing control on the “start”, generally meaning the publicly identified start hold(s) as defined by existing information contained within, but not limited to, the KAYA app and digital or print guidebooks.
The Participant establishing a controlled position at the “finish” of the boulder, generally meaning the last hold of the boulder or in a stable, standing or crouched position at the top of the boulder.
KAYA and/or Sponsor, in its sole discretion, reserves the right to remove, restrict, or void any video at any time during the Challenge for any reason deemed appropriate or that fails to comply with the above conditions.
Scoring Table:
VIntro = 1 point
VB = 1 point
V0 = 1 point
V1 = 1 point
V2 = 1 point
V3 = 1 point
V4 = 1 point
V5 = 1 point
V6 = 1 point
V7 = 1 point
V8 = 1 point
V9 = 1 point
V10 = 1 point
V11 = 1 point
V12 = 1 point
V13 = 1 point
V14 = 1 point
V15 = 1 point
V16 = 1 point
V17 = 1 point
4a. Winner(s):
1. Fifty (50) prize winners for 1st - 50th place
2. One Hundred and Forty-nine (149) prize winners for 51st - 200th place)
5. Prize Details:
The North Face Duffel Bag, size small
The North Face International Collection Tee, varying sizes
Eligible Winners will receive the Prizes(s) identified within the published Challenge description and listed above. KAYA and any Sponsor shall jointly determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representation or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. KAYA and/or Sponsor reserves the right to substitute a prize of comparable or greater value in KAYA’s and/or Sponsor’s sole discretion.
Unless otherwise noted in the Challenge Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).
All Winners are entitled to refuse to accept any Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If Winner is deemed to have forfeited a Prize, in whole or in part, Winner will not be entitled to any alternate Prize or other compensation of any kind.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Challenge-specific rules:
Prizes That Include a Travel Component: For all travel Prizes, you have to travel on or within the dates and itinerary specified by KAYA. Any included airfare is coach class or below from the major gateway airport nearest Winner’s residence or other alternative gateways approved by KAYA and/or Sponsor in its sole and absolute discretion. Any hotel accommodations are standard class unless otherwise specified. The actual retail value of any trip Prize will depend on the Winner’s place of residence. The difference between the approximate retail value and the actual retail value will not be awarded. Winner and Winner’s guest(s), if applicable, must travel on the same itinerary, unless otherwise approved by KAYA and/or Sponsor in its sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates, or similar items will not be replaced once they are in your possession. Any and all expenses not specified in Challenge Rules, including, but not limited to, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodation are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates are indicated for travel, and Winner cannot travel on those specified dates, Prize will be forfeited and may be awarded to an alternate Winner. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. Winner and Winner’s guest(s), if applicable, are responsible for all required travel documentation and identification, including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the relevant destination. Winner’s guest(s), if applicable, must also sign a release before ticketing. Winner’s guest(s) must be over the age of majority in the state, province, or territory in which s/he resides, or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Challenge Rules. If, in KAYA and/or Sponsor’s judgment, air travel is not required due to Winner’s proximity to Prize location, Sponsor may provide ground transportation as a substitute for air travel.
Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of KAYA and/or Sponsor. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. KAYA and/or Sponsor may substitute an alternate Prize of equal or greater value at its sole discretion. Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified on the applicable Challenge Rules.
Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
Prizes That Involve Participating in a Physical Event: KAYA and/or Sponsor may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. KAYA, Sponsor, and/or Challenge Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, restrictions based on the health of the participant) or for any other reason as determined by KAYA and/or Sponsor in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash or other prize alternatives, if available as part of the Challenge. If such an alternative prize is not available, Potential Winner may be disqualified.
6. Winner Drawings, Raffle: Potential winner(s) of the Challenge (the “Potential Winner”) will be randomly drawn from among all eligible entries received where a Prize is to be awarded via raffle or random drawing. The drawing will occur at the end of the Challenge Period or as specified on the applicable Challenge-specific rules. KAYA and/or Sponsor will conduct the drawing and awarding of the Prize. The odds of winning depend on the number of eligible entries received during the Challenge Period.
7. Prize Winner Notification Process: Potential Winner(s) of a Challenge (“Potential Winners”) will be contacted using either the email address associated with Participant’s KAYA account or via a direct message in the KAYA app from an official KAYA employee through the official KAYA profile, @KAYA. Potential Winners must respond to the initial winner notification email within 24 hours of it being sent or some other time frame indicated in the official winner notification email. If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). Potential Winners may be named, tagged, or otherwise identified on KAYA or Sponsor’s website, other promotional materials, and/or on social media pages.
8. Prize Winner Disqualification: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Challenge Rules, (ii) failures to abide by these Challenge Rules, or other instructions of KAYA and/or Sponsor, (iii) failure to provide valid email at the time of entry, (iv) failure to timely respond to Winner notification or any other request from Sponsor, (v) the provision of false, incomplete and/or misleading information to or about KAYA and/or Sponsor or any of the other Challenge Partners, (vi) the commission of any fraud or deception in connection with any Challenge, use of the Website, and/or relationship with Sponsor, (vii) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part, or failure to abide by KAYA’s Community Standards, found at https://www.kayaclimb.com/communitystandards, (viii) Winner’s inability to timely accept the Prizes for any reason, including inability to travel to location/country where Challenge will take place or Prize will be delivered and (ix) the inability of KAYA and/or Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond KAYA and/or Sponsor’s reasonable control, including legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, weather.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be selected from among the remaining eligible Potential Winners and/or Participants. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). KAYA and/or Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.
If a Winner chooses to reject or otherwise forfeits some or all of the Prizes, KAYA and/or Sponsor shall have no obligation to award the abandoned or unclaimed portion of any Prizes to an alternate winner.
9. Confirmation and Verification of Potential Winners: A Potential Winner(s) will only be confirmed as the winner eligible to receive the Prizes(s) after KAYA and Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Challenge Rules (A verified and confirmed Potential Winner is referred to herein as a “Winner”). Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by KAYA and/or Sponsor. Potential Winners are subject to confirmation and verification by KAYA and/or Sponsor, by whatever means KAYA and/or Sponsor shall deem appropriate. To be verified and confirmed, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Challenge Rules and fulfill all requirements. KAYA and/or Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to a Challenge. Except for Challenges in which specific Prize Winner qualifications, requirements, or restrictions may be stated in the Challenge Rules (for example, any residency or citizenship requirements, age requirements, or health requirements), Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, or sexual orientation.
10. Publicity: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for KAYA and/or Sponsor, and those acting under KAYA and/or Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likeness, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Challenge, Prize, and/or any of the Challenge Partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of KAYA and/or Sponsor (or the applicable Challenge Partner), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.
11. General Conditions: KAYA and Sponsor reserves the right to cancel, suspend, and/or modify the Challenge, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond KAYA and/or Sponsor’s reasonable control that impairs the integrity or proper functioning of the Challenge, as determined by KAYA and/or Sponsor.
12. Indemnification, Limitations of Liability, and Arbitration: As a condition of entry to the Challenge, Participant agrees to the terms and conditions set forth within KAYA’s Terms of Service, specifically Sections 16, 18, and 19 which is to be extended to the Sponsor(s) and other Challenge Partners.
13. Participant’s Personal Information: Information collected from Participants is subject to KAYA’s Privacy Policy, available at https://www.kayaclimb.com/privacypolicy.