UPDATE:

Congratulations to Brett Strother for creating the weirdest, wildest and most spaced out art work Forest Bailey has ever seen!

Forest Bailey loves spacing out on art, and the Space Case state of mind is optimal for creating it. So stare off in the distance, don’t respond when directly spoken to, and get so lost in abstraction that you become unaware of the surrounding physical world. And when you come out of that alternate world with your elucidation of it…YOUR ART, post it onto the Gnu Facebook page for your chance to win a Gnu Forest Bailey Limited Edition Early Release Space Case EC2 PBTX.

 

GNU’S FOREST BAILEY SPACE CASE CONTEST– OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED BY LAW.

1. Who Can Enter: Any resident of the U.S. or Canada, 13 years of age or older, is eligible to participate in Gnu’s Forest Bailey Space Case Contest (the “Contest”).  Employees, officers, principals, directors or agents of Mervin Manufacturing, Inc., or its parent and affiliates (collectively, the “Contest Sponsor”), and members of their households or immediate families, are not eligible to participate.

2. How to Enter:  To enter, entrant must become a fan of Gnu on facebook at www.facebook.com/gnusnowboards (the “Contest Website”), fill out the entry form and upload a piece of art original to entrant (the “Art Piece”) on the Contest tab. Entry requires agreement to Facebook’s terms of use and privacy policy.  In order for the Art Piece to qualify it must be submitted during the Contest Period, as defined below. Any Art Piece that is late or includes foul, lewd or inappropriate content or content that is not original to the entrant will not be considered.

3. Contest Dates: The entry must be submitted between 1:00:00 PM PST on January 24, 2013 (“Contest Open Time”) and 11:59:59 PM PST on February 7, 2013 (“Contest Close Time”).   The Contest will begin at the Contest Open Time and end exactly at the Contest Close Time, collectively the “Contest Period.”

4. Prizes: This Contest is a game of skill and chance plays no part in determining the winners.  The top ten (10) most voted for Art Pieces will be individually judged on their merits by Gnu’s athlete Forest Bailey (the “Judge”) in his sole discretion and such decisions will be final and binding.

All prize selections for the Contest will be held at Contest Sponsor’s headquarters located in Sequim, Washington. The winner will receive one (1) Forest Bailey Space Case Snowboard (in such style and size as is determined by Contest Sponsor, in its sole discretion). The prize has a retail value of $579.95 U.S. Dollars.  All prizes are “AS IS” without any warranty of any kind, express or implied.  No substitution, exchange or transfer of prizes will be made or is permitted.  Sponsor reserves the right to substitute a prize for an alternative prize of equal or greater value in Sponsor’s sole and absolute discretion.

5. Odds of Winning: No purchase of any kind is necessary in order to enter the Contest or win any prize, and chances of winning are not enhanced by making any purchases.

6. Winner Notification: The winners will be notified via e-mail within 48 hours of awarding of prizes (which is currently anticipated to occur on February 8, 2013).  The winners will be required to respond to the e-mail notification to acknowledge receipt of Contest Sponsor’s notification and awarding of prizes. If no response is received by Contest Sponsor from winner within three (3) calendar days following the prize notification email, the prize will be awarded to a replacement winner to be determined by the Contest Sponsor in the Contest Sponsors’ sole and absolute discretion. Prior to being awarded any prize, winners will be required to show proof of age and complete, sign and return a prize affidavit, release and license agreement, intellectual property assignment as well as any other documents required by Contest Sponsor, in its sole discretion, for winner to claim the prize. The prize will be mailed to the winner’s address by regular mail as set forth on the entry form or e-mailed to the winner after the winner responds to the initial email notification and satisfies all eligibility requirements.  All decisions of the Contest Sponsor about the winners are final, binding and non-appealable.  Contest Sponsor is not responsible for any incorrect or illegible address information or the non-delivery of any prize resulting therefrom, or for any unsuccessful efforts to notify a winner.

7.  Intellectual Property:

i.)  By submitting an Art Piece for consideration in the Contest, entrant represents and warrants to Contest Sponsor that he/she has the right and authority to convey the rights granted hereunder; that the Art Piece and its content are original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Art Piece is not libelous, slanderous, obscene and does not plagiarize; that the exercise of rights herein granted will not infringe upon any copyright, trademark, right of privacy or any other rights whatsoever of any third party; and that the Art Piece or any content therein has never previously been published. Each entrant shall hold Contest Sponsor harmless and shall indemnify Contest Sponsor for all costs and expenses (including reasonable attorneys’ fees) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by such entrant.

ii.)  By participating in the Contest, each entrant grants Contest Sponsor the exclusive, worldwide, royalty free, perpetual right and license to publish and display the Art Piece on the Contest Sponsor’s social media websites (including without limitation Facebook, Instagram, Pinterest, Twitter and Tumblr), and on any other website, location or medium selected by Contest Sponsor.

iii.)  Without limiting other remedies, Contest Sponsor may at its sole discretion remove any Art Piece from publication and/or dissemination.

iv.)   Art Pieces may be modified in any way whatsoever by Contest Sponsor or its agents and entrants hereby waive any and all attribution and integrity rights with regard to the Art Piece whether arising under the law of any state of the United States, United States federal law, or the law of any other country.

8. Limits of Liability Entrant acknowledges and agrees that Contest Sponsor is not advocating or suggesting the performance of dangerous tricks, tricks above entrant’s skill level or tricks that should only be performed by a professional. Entrant acknowledges and agrees that Contest Sponsor has no responsibility whatsoever for injuries, losses, or damages of any kind that result from the creation of an entry or entrance into the Contest or receipt, acceptance, possession, or use of any prize. Contest Sponsor assumes no liability for lost or misdirected entry forms regardless of the circumstances. Contest Sponsor reserves the right to cancel the Contest at any time if the integrity of the Contest is, in Contest Sponsor’s sole and absolute discretion, compromised in any way.   Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

 

All entries become the sole property of Contest Sponsor, and Contest Sponsor assumes no responsibility for any (i) lost, stolen, delayed, damaged or misdirected entries or for any failure of the website during the Contest period, or (ii) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any e-mail or entry to be received by Contest Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or (iii) any combination thereof including, but not limited to, any injury or damage to an entrant’s or any other person’s computer, mobile device, tablet or other equipment related to or resulting from entrant’s participation in the Contest.

 

Except where prohibited, entrant hereby expressly and irrevocably agrees that any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts in Orange County, California.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.

 

9.  Indemnification:  Entrant agrees to indemnify and hold harmless Contest Sponsor from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from any allegation that any materials that entrant submits to Contest Sponsor infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party.

10. Winner Responsibilities:  The winner is solely responsible for the reporting and payment of any tax liabilities incurred as a result of or relating to the awarding or use of any prize.  Entry into the Contest shall be deemed to be entrant’s consent and authorization to (i) the use of entrant’s name, address (city and state only) and any other information submitted by entrant for commercial, advertising and promotional purposes without further compensation, unless prohibited by law, and (ii) the use of entrant’s address to receive marketing and other emails from Contest Sponsor and its affiliates. In addition, by entering the Contest, entrants affirm that they have read, understood and accepted these Official Rules.

11. Winner Publicity:  The Contest Sponsor will publish the first name, last name and location (city/state) of each winner on the Contest Website as Contest Sponsor’s blog, facebook page, twitter account, instagram account, pinterest Account and other social media platforms as determined by Contest Sponsor, in its sole discretion. To obtain the winners’ names, send a self-addressed, stamped envelope to:

 

Mervin Manufacturing, Inc.

Attn: Gnu’s Forest Bailey Space Case Contest

65 Banana Way

Sequim, WA 98232, with a written request by April 1, 2013.

12. Official Rules: For a copy of these Official Rules, send a self-addressed stamped envelope to:

Mervin Manufacturing, Inc.

Attn: Gnu’s Forest Bailey Space Case Contest

65 Banana Way

Sequim, WA 98232 with a written request by April 1, 2013.

13. General:  This Contest is subject to all applicable federal and state laws and regulations.  By entering the Contest participants agree to be bound by these Official Rules and by the decision of the Contest Sponsor, which shall be final on all matters relating to this Contest.  This Contest shall be void where prohibited by law.

14. Facebook: The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook.  By participating, you release Facebook and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize.  Any information you submit on Facebook is to the Contest Sponsor and its third party service providers and not to Facebook.

15. Privacy:  Contest Sponsor may use any of the entrant’s personal information submitted in connection with this Contest per the terms of the privacy policy located at www.mervin.com.