Terms and Conditions

Full Website Terms of Use

Octans Giveaway on Orders over £175

BERGHAUS LIMITED – OCTANS 25 RUCKSACK GIVEAWAY

TERMS AND CONDITIONS

1. Spend one hundred and seventy five pounds sterling (£175), two hundred and twenty five euros (€225), one thousand seven hundred and fifty Norwegian korona (1750NOK) or two hundred and sixty Swiss francs (260 CHF) (the “Minimum Spend”) or more on any Berghaus products in a single transaction at http://store.berghaus.com and receive one (1) Berghaus Octans 25 Rucksack (the “Offer”). The Offer is governed by, and participants agree to be bound by, these terms and conditions.

2. The Offer is redeemable against all Berghaus products offered online at http://store.berghaus.com:

3. The Offer is valid from Wednesday 15 April 2014 to midnight (GMT) Tuesday 29th April.

In order to redeem the Offer, go to http://store.berghaus.com and add Berghaus products to your online shopping basket. When the value of the Berghaus products in your shopping basket meets the Minimum Spend one (1) Berghaus Octans 25 Rucksack will automatically appear in your shopping basket prior to checkout. You must complete your purchase to redeem the Offer.

4. The Offer is not transferable and cannot be used for purchases at any other store, retailer or online store.

5. The Offer may be used in conjunction with other promotions. For the avoidance of doubt, the Minimum Spend must still be met to redeem the Offer.

6. Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.

7. Berghaus shall at all times be free to substitute the Offer in accordance with clause 8 below.

8. The Offer may be altered or varied at Berghaus’ sole discretion and substituted with an offer which, in Berghaus sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Offer, to the fullest extent that this is permissible by law.

9. The Offer is subject to availability. There are no cash alternatives and the Offer is not negotiable, transferrable or returnable.

10. In any single transaction, you are only entitled to receive one (1) Berghaus Octans 25 Rucksack.

11. The Offer cannot be exchanged for cash.

12. Nothing in these terms and conditions shall affect your statutory rights.

13. The Offer shall be governed in accordance with the laws of England and Wales.

Refund Policy

1. If you wish to return any product(s) purchased under the Offer that brings the total value of your purchases below the Minimum Spend, the Offer will cease to apply. You must therefore return the product(s) and the Berghaus Octans 25 Rucksack (without being worn and in their original packaging) and a copy of your proof of purchase. A refund will then be given for the returned product(s). In the event that you do not return the Berghaus Octans 25 Rucksack when returning any product(s) for a refund, Berghaus Limited reserves the right to deduct the full price of the Berghaus Octans 25 Rucksack £60 (SRP) before returning any refund amount back to you.

2. Berghaus’ full Returns Policy applies; please refer to these policies at http://store.berghaus.com/ for full details.

Consumer panel Survey

BERGHAUS LIMITED ('Berghaus')

PRIZE DRAW STANDARD TERMS AND CONDITIONS

The following Terms and Conditions apply to the Berghaus “Consumer Panel” Prize Draw (the “Prize Draw”):

1. The Prize Draw is open to:

(a) the 500 individuals who form the Berghaus consumer panel (the “Consumer Panel”); and

(b) those individuals of the Consumer Panel who have fully completed 4 Berghaus surveys (the “Consumer Panel Survey”) via the links provided to them by email between 09:00 on 28 February 2014 and 17:00 on 31 December 2014 inclusive (the “Entrants”).

Please note:

• In order to be selected as part of the Consumer Panel Entrants are required to complete the survey at https://www.surveymonkey.com/s/PL65CKJ.

2. The Prize Draw opens at 09:00 on 28 February 2014 and the closing date is at 17:00 on 11 April 2014. No entries shall be accepted before the start date or after the closing date. Entries are limited to 1 entry per person. Third party or bulk entries will not be accepted and illegible or altered entries or those not in accordance with the entry instructions are invalid. The promoter cannot acknowledge receipt of prize draw entries and shall not be responsible for any entries lost or damaged in transit.

3. The Prize Draw is open to those aged 16 or over, who are residents of the United Kingdom and who have complied with the requirements set out in clause 1. The Prize Draw is specifically closed to employees of Berghaus, Pentland Group plc, any associated companies, and their families.

4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW. You do not have to buy or subscribe to any Berghaus product in order to enter this Prize Draw.

5. There will be 30 winners (the “Winners”) who will receive 1 prize each. For the avoidance of doubt, there will be 30 prizes in total. The prizes shall be as follows:

• 20 Entrants shall receive £200 to spend online at www.berghaus.com (the “Official Berghaus Website”); and

• 10 Entrants shall receive £100 to spend online on the Official Berghaus Website.

collectively, the “Prizes”.

For the avoidance of doubt, Prizes are restricted to 1 prize per Entrant.

6. The winners will be drawn at random after 13:00 on 10 January 2015 from all entries received. The winners will be notified of their success by email and/or telephone by 10 January 2015 with details of how to claim their prize. If the promoter has not had a response from a winner, by 11 January 2015, the promoter reserves the right to select another winner at random and award the prize to that Entrant.

7. The Prize Draw will be made by an independent person and the promoter’s decision is final. No correspondence will be entered into.

8. The Prizes may be altered or varied at the promoter’s sole discretion and substituted with a prize which, in the promoter’s sole opinion, is a suitable alternative. The items on the Official Berghaus Website are subject to availability. No cash alternative is available and the prizes are non-transferable.

9. The winners’ names will be made available after the closing date to those sending a stamped addressed envelope marked “Berghaus Consumer Panel Prize Draw” to the address set out below.

10. Information regarding personal data provided in the entry form will be collected, stored and processed in a database in accordance with our privacy policy at www.berghaus.com and for the purpose of managing entry into this Prize Draw. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus then your personal data may be used for such purposes, including direct marketing.

Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

11. Entrants understand that the Consumer Panel Survey contains certain proprietary information relating to Berghaus, its parent, subsidiaries and/or any associated companies (the “Confidential Information”). Such Confidential Information in the Consumer Panel Survey shall include technical, business and financial information, including without limitation, sales, plans, sales contracts, business and financial information, intellectual property, trade secrets, know-how and customer information. Entrants agree to:

11.1 use the Confidential Information only in connection with the Consumer Panel Survey and to reproduce such Confidential Information only to the extent necessary to fully complete the Consumer Panel Survey;

11.2 limit access to the Consumer Panel Survey to the Entrant only;

11.3 not to announce or disclose the nature and extent of the Consumer Panel Survey or any findings during my involvement with the Consumer Panel Survey without prior written consent of Berghaus;

11.4 not to store copies or makes additional notes of the Consumer Panel Survey;

11.5 not to object to Berghaus storing copies of the Entrants answers in the Consumer Panel Survey or to Berghaus storing the Entrants contact details on its database in case Berghaus needs to contact the Entrant; and

11.6 receive Berghaus promotional materials from time to time if the Entrant has separately agreed to this.

12. The promoter reserves the right to amend these Terms and Conditions and/or cancel the Prize Draw at its sole discretion.

13. The promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

14. By entering this Prize Draw entrants agree to be bound by these terms and conditions. All entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

© Berghaus Limited 2014. All Rights Reserved.

Free UK Express Delivery

1. Free UK Express delivery applies to all Berghaus products purchased online at http://store.berghaus.com only (the “Offer”);

2. The Offer is only redeemable by adding the Berghaus products to your basket and selecting: ExpressDelivery.

3. The Offer is valid between 12 December 2013 and 17:30 (GMT) on 23rd December 2013.

4. There is no limit to the amount of times this Offer can be used.

5. The Offer is not transferable and cannot be used for purchases with any other store.

6. The Offer may be used in conjunction with other promotions.

7. Standard delivery will be charged at the normal rate.

8. The Offer excludes delivery to anywhere outside the UK.

9. Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.

10. The Offer is subject to availability.

11. The Offer cannot be exchanged for cash.

12. Nothing in these terms and conditions shall affect your statutory rights.

13. The Offer shall be governed in accordance with the laws of England and Wales.

Refund Policy

1. If you wish to return any product purchased under the Offer, the Offer will cease to apply. You must therefore return all products and a copy of your proof of purchase. You will receive a full refund of the Offer amount paid by you for the product.

2. Our full Returns and Delivery Policy applies; please refer to these policies for full details at berghaus.com/delivery and berghaus.com/returns

3 For 2 Accessories

3 for 2 Accessories

Online

1. Purchase three products from the Berghaus accessories 3 for 2 offer range (the ‘Range’) and receive the cheapest product free (the ‘Offer’).

2. The Offer is redeemable against full priced products in the Range offered online at http://store.berghaus.com.

3. The Offer is valid between 14 November 2013 and midnight on 23 December 2013.

4. In order to redeem the Offer, add the Berghaus products in the Range to the shopping basket. The products will appear in the shopping basket at full price and the Offer price will be applied prior to purchase.

5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

6. The Offer may not be used in conjunction with any other offer except that it may be used in conjunction with an offer for free delivery.

7. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

8. The Offer is subject to availability. Each customer may use the Offer more than once.

9. The Offer cannot be exchanged for cash.

10. Nothing in these terms and conditions shall affect your statutory rights. All purchases are subject to Berghaus’ conditions of sale.

11. The Offer shall be governed in accordance with the laws of England and Wales.

Refund Policy

1. If you wish to return any product purchased under the Offer, the Offer will cease to apply. You must therefore return all three products and a copy of your proof of purchase. A full refund of the Offer amount will then be given.

2. If you wish to exchange any product purchased under the Offer, you may exchange it for a product in the Range with a value up to or less than the value of the item being exchanged.

3. Our full Returns Policy applies; please refer to these policies for full details.

Retail

1. Purchase three products from the Range and receive the cheapest product free (the ‘Offer’).

2. The Offer is redeemable against full priced products in the Range at the following retail stores:

- Berghaus London Store: 13 Short Gardens, Covent Garden, London, WC2H 9AT;

- Berghaus Manchester Store: 188-192 Deansgate, Manchester, M3 3ND;

- Berghaus Gateshead Store: Lower Red Mall, Metro Centre Gateshead, Tyne and Wear, NE11 9YG; and

- Berghaus Bristol Store: 22 Broadmead, Bristol, BS1 3HA;

3. The Offer is valid between 14 November 2013 and 5.00pm on 23 December 2013.

4. The Offer will be applied at the cash desk.

5. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.

6. The Offer may not be used in conjunction with any other offer.

7. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.

8. The Offer is subject to availability. Each customer may use the Offer more than once.

9. The Offer cannot be exchanged for cash.

10. Nothing in these terms and conditions shall affect your statutory rights. All purchases are subject to Berghaus’ conditions of sale.

11. The Offer shall be governed in accordance with the laws of England and Wales

Refund Policy

1. If you wish to return any product purchased under the Offer, the Offer will cease to apply. You must therefore return all three products and a copy of your proof of purchase. A full refund of the Offer amount will then be given.

2. If you wish to exchange any product purchased under the Offer, you may exchange it for a product in the Range with a value up to or less than the value of the item being exchanged.

3. Our full Returns Policy applies; please refer to these policies for full details.

Ulvetanna Competition

BERGHAUS LIMITED (“BERGHAUS”)

BERGHAUS ULVETANNA COMPETITION

TERMS AND CONDITIONS

The following Terms and Conditions apply to the ‘Berghaus Ulvetanna Competition’ organised by Berghaus Limited (the “Competition”). By entering into the Competition entrants agree to be bound by the following Terms & Conditions:

1. In order to enter the Competition entrants must:

(i) visit the Official Berghaus Facebook Page at www.facebook.com/berghaus (the “Website”);

(ii) entrants must visit the website competition application available on the Website and authorise the application to access your name and contact details; and

(iii) Entrants must then correctly answer the question available on the website competition application (the “Entry”).

2. Entries can be submitted from Sunday 10 November 2013 (the “Opening Date”) and the closing date for Entries is 12.00pm on Tuesday 24 December 2013 (the “Closing Date”). Entries are limited to one (1) Entry per person. No Entries will be accepted before the Opening Date or after the Closing Date. Third party or bulk Entries will not be accepted and those not in accordance with the Entry instructions are invalid.

3. The Competition is open to residents of the United Kingdom, the Isle of Man and Channel Islands aged sixteen (16) and over. The Competition is specifically closed to (i) persons in jurisdictions where the Competition is prohibited by national or international law or regulation and (ii) employees of Berghaus Limited and its franchisees, subsidiaries, agents and advisors and their families and (iii) any other company, organisation or person assisting or connected with the promotion.

4. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to Berghaus Limited and not to Facebook. The information provided will only be used for purposes as detailed in clause 15.

5. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS COMPETITION.

6. Berghaus shall choose three (3) winners (the “Winners”) at random from those who have correctly completed the Entry procedure. Berghaus’ decision is final and no correspondence will be entered into.

7. The Winners shall each receive one (1) Ramche Jacket (the “Prize”). Each Winner will be able to select either one (1) men’s Ramche Jacket or one (1) women’s Ramche Jacket in their size subject to availability.

8. The Winners will be notified by email on Wednesday 25 December 2013. If the Winners do not respond within one (1) week of being notified, Berghaus reserves the right to offer the Prize to the next randomly selected eligible entrant until three (3) Winners have been successfully contacted. Each Winner must claim their Prize by 10 January 2014.

9. Berghaus shall at all times be free to substitute the Prize in accordance with paragraph 10 below.

10. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. There is no cash alternative and the Prize is not negotiable, transferable or returnable.

11. The Winners’ names will be made available one (1) week after Thursday 2 January 2014 on the Website and on the Official Berghaus Website at www.berghaus.co.uk.

12. Entrants accept that the Website is offered on an “as is” and “as available” basis. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or servers which makes them available are free from software viruses or other defects. Berghaus has no control over, and disclaims all responsibility for, any content which contestants may encounter, or events which may occur as a result of any use of the Website to the fullest extent permitted by law, and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by contestants as a result of their use of the Websites. Berghaus shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Websites.

13. The Winners agree not to sell, offer to sell or use the Prize for any commercial or promotional purposes (including placing the Prize on an internet auction site).

14. The Winners agree to take part in post-Competition publicity at the request of Berghaus. By entering into the Competition, entrants agree to Berghaus’ unrestricted use of any post-Competition publicity for Berghaus’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on Berghaus’ websites and social networking platforms.

15. Information regarding personal data which is provided by the entrant when the entrant enters the Competition will be processed in a database for the purpose of managing entry into the Competition. Such information will not be used for any other purpose than as stated in these Terms and Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or a third party, then your personal data may be used by them for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.16. Berghaus reserves the right to withdraw or amend the Competition and these Terms and Conditions in the event of any unforeseen circumstances outside of their reasonable control or if in their absolute discretion consider it necessary.

16. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

17. By entering this Competition, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Competition and each party submits to the exclusive jurisdiction of the English courts.

18. The Promoter of this Competition is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

© Berghaus Limited 2013. All Rights Reserved.

Desktop Calendar Competition

BERGHAUS 2014 CALENDAR COMPETITION

TERMS AND CONDITIONS

The following Terms and Conditions apply to the ‘Berghaus 2014 Calendar Competition’ organised by Berghaus Limited (the “Competition”). By entering into the Competition entrants agree to be bound by the following Terms & Conditions:

1. In order to enter the Competition entrants must:

(i) submit one (1) image (the “Image”) by email to enquiries@berghaus.com;

(ii) ensure the Image is in digital format (hard copies will not be accepted) and of a high resolution with a minimum image size of 1920 x 1200 pixels; and

(iii) include a short description detailing where and when the Image was taken and any other information that may be useful to describe the Image

(the “Entry”).

2. Entries can be submitted from 12.00pm on Friday 4 October 2013 (the “Opening Date”) and the closing date for Entries is 5.00pm on 8 November 2013 (the “Closing Date”). Each person may enter up to five (5) Entries. No Entries will be accepted before the Opening Date or after the Closing Date. Third party or bulk Entries will not be accepted and those not in accordance with the Entry instructions are invalid.

3. The Competition is open to all persons worldwide aged sixteen (16) and over. However, the Competition is specifically closed to (i) employees of Berghaus Limited and its franchisees, subsidiaries, agents and advisors and their families; (ii) any other company, organisation or person assisting or connected with the promotion and (iii) persons in jurisdictions where the Competition is prohibited by national or international law or regulation.

4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS COMPETITION.

5. A panel will select twelve (12) Entries (i.e. twelve (12) Images) to create a shortlist of entries based on their creativity, composition and suitability to be a Berghaus calendar background (the “Shortlisted Entries”). Berghaus will then place Berghaus branding and a short description detailing where and when the Image was taken on to your Image and upload and display it on Berghaus’ Facebook page at www.facebook.com/berghaus (the “Website”).

6. The Shortlisted Entries will be uploaded to the Website on 15 November 2013 and fans of the Official Berghaus Facebook page will be able to click ‘like’ on any of the Shortlisted Entries to vote for their favourite(s) (the “Votes”). Votes will be accepted until 5.00pm on 2 December 2013 after which no more Votes will be accepted. The six (6) Shortlisted Entries with the highest number of Votes will win the Competition (the “Winners”).

7. The Winners shall each receive one (1) Berghaus online voucher code worth two hundred pounds sterling (£200) to spend at www.berghaus.com and their Image will be used as part of the Berghaus 2014 Calendar (the “Prize”). The Prize can only be used in one transaction and must be used within twelve (12) months of receipt of the online voucher code from Berghaus.

8. The Winners will be notified by email on 9 December 2013. If the Winners do not respond within one (1) week of being notified, Berghaus reserves the right to offer the Prize to the next Shortlisted Entry with the highest number of Votes until six (6) Winners have been successfully contacted. Each Winner must claim their Prize by 20 December 2014.

9. By entering the Competition each entrant grants Berghaus a license to use their Entry for the Berghaus 2014 Calendar. For the avoidance of doubt, Berghaus shall be under no obligation to use any Entry as a Berghaus calendar background. Berghaus’ decision is final and no correspondence will be entered into.

10. Only minor burning, dodging and/or color correction is acceptable, as is cropping. High dynamic range images (HDR) and stitched panoramas are NOT acceptable.

Each Image submitted as an Entry, in its entirety, must be a single work of original material taken by the Competition entrant. By entering the Competition, the entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the Image.

The Image must not, in the sole and unfettered discretion of Berghaus, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

11. There is no cash alternative and the Prize is not negotiable, transferable or returnable.

12. The Winners’ names will be made available after Wednesday 1 January 2014 on the Website and on the Official Berghaus Website at www.berghaus.co.uk.

13. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to Berghaus Limited and not to Facebook. The information provided will only be used for purposes as detailed in clause 17.

14. Entrants accept that the Website is offered on an “as is” and “as available” basis. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or servers which makes them available are free from software viruses or other defects. Berghaus has no control over, and disclaims all responsibility for, any content which contestants may encounter, or events which may occur as a result of any use of the Website to the fullest extent permitted by law, and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by contestants as a result of their use of the Websites. Berghaus shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Websites.

15. The Winners agree to take part in post-Competition publicity at the request of Berghaus. By entering into the Competition, entrants agree to Berghaus’ unrestricted use of any post-Competition publicity for Berghaus’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on Berghaus’ websites and social networking platforms.

16. Information regarding personal data which is provided by the entrant when the entrant enters the Competition will be processed in a database for the purpose of managing entry into the Competition. Such information will not be used for any other purpose than as stated in these Terms and Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or a third party, then your personal data may be used by them for such purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.16. Berghaus reserves the right to withdraw or amend the Competition and these Terms and Conditions in the event of any unforeseen circumstances outside of their reasonable control or if in their absolute discretion consider it necessary.

17. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

18. By entering this Competition, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Competition and each party submits to the exclusive jurisdiction of the English courts.

19. The Promoter of this Competition is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

© Berghaus Limited 2013. All Rights Reserved.

DWR Survey

BERGHAUS LIMITED (“BERGHAUS”)

BERGHAUS ANNUAL SURVEY PRIZE DRAW TERMS AND CONDITIONS

By entering into the Berghaus Annual Survey Prize Draw organised by Berghaus (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

1. The Prize Draw commences on 8 July 2013 and closes at midday on 15 July 2013. No entries will be accepted before the opening date or after the closing date. One (1) entry per individual is permitted.

2. To enter the Prize Draw, entrants need to:

(i) visit the official Berghaus Facebook questionnaire entry page (the “Website”);

(ii) authorise the application to access your name and contact details; and

(iii) complete in full and submit the Berghaus Facebook questionnaire,

collectively to be referred to as the “Entry”.

3. The Prize Draw is open to all Berghaus Facebook fans aged eighteen (18) and over. The following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the promotion and their friends and families.

4. The Prize Draw is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to Berghaus Limited and not to Facebook. The information provided will only be used for purposes as detailed in clause 16.

5. Berghaus shall at all times be free to substitute the Prize in accordance with clause 6 below.

6. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

7. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

8. Berghaus shall choose one (1) winner (the “Winner”) at random from those who have correctly completed the Entry procedure, on 15 July 2013 (the “Draw Date”). Berghaus’ decision is final and no correspondence will be entered into.

9. The Winner shall receive a Men’s or Women’s Freeflow 25 + 5 rucksack. The Winner may select the colourway of their rucksack from the Berghaus Freeflow colourways offered.

10. The Winner will be advised by email within seven (7) days of the Draw Date. If the Winner does not respond within one (1) week of notification, Berghaus reserves the right to offer the Prize to the next randomly selected eligible entrant until a Winner is found.

11. By entering the Prize Draw, the Winner consents to their name being made available after the Draw Date on the official Berghaus Facebook page and to those who send a self addressed envelope to the address set out below and request to be sent the Winner’s name.

12. Entrants accept that the Website is offered on an “as is” and “as available” basis. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or servers which makes them available are free from software viruses or other defects. Berghaus has no control over, and disclaims all responsibility for, any content which contestants may encounter, or events which may occur as a result of any use of the Website to the fullest extent permitted by law, and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by contestants as a result of their use of the Websites. Berghaus shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Websites.

13. The Winner agrees to take part in post-Prize Draw publicity at the request of Berghaus. By entering into the Prize Draw, entrants agree to Berghaus’ unrestricted use of any post-Prize Draw publicity for Berghaus’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on Berghaus’ websites and social networking platforms.

14. Berghaus reserves the right to withdraw or amend this promotion and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

15. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize.

16. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Prize Draw. The information may be passed on to third parties for the purposes of managing the Prize Draw only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or any other party then your personal data may be used by them for such purposes, including direct marketing. Information regarding personal data provided by the entrant in completing the Berghaus Facebook questionnaire will be stored in Surveymonkey. Such information will be used by Berghaus to understand how our Facebook fans feel about the Berghaus brand with a view to providing better value content and information.

17. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

18. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue,

Sunderland Enterprise Park, Sunderland, SR5 3XB.

© Berghaus Limited 2013. All Rights Reserved.

Facebook Survey

BERGHAUS LIMITED (“BERGHAUS”)

BERGHAUS ANNUAL SURVEY PRIZE DRAW TERMS AND CONDITIONS

By entering into the Berghaus Annual Survey Prize Draw organised by Berghaus (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

1. The Prize Draw commences on 2 July 2013 and closes at 5.00pm on 9 July 2013. No entries will be accepted before the opening date or after the closing date. One (1) entry per individual is permitted.

2. To enter the Prize Draw, entrants need to:

(i) visit the official Berghaus Facebook questionnaire entry page (the “Website”);

(ii) authorise the application to access your name and contact details; and

(iii) complete in full and submit the Berghaus Facebook questionnaire,

collectively to be referred to as the “Entry”.

3. The Prize Draw is open to all Berghaus Facebook fans aged sixteen (16) and over. The following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their friends and families and (ii) any other company, organisation or person assisting or connected with the promotion and their friends and families.

4. The Prize Draw is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to Berghaus Limited and not to Facebook. The information provided will only be used for purposes as detailed in clause 17.

5. Berghaus shall at all times be free to substitute the Prize in accordance with clause 6 below.

6. The Prize may be altered or varied at Berghaus’ sole discretion and substituted with a prize which, in Berghaus’ sole opinion, is a suitable alternative. Berghaus shall not be liable for any claims or complaints of any nature in respect to the Prize, to the fullest extent that this is permissible by law. The Prize is subject to availability. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.

7. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

8. Berghaus shall choose three (3) winners (the “Winners”) at random from those who have correctly completed the Entry procedure, on 5 July 2013 (the “Draw Date”). There will be:

8.1 one (1) first place Winner; and

8.2 two (2) second place Winners.

Berghaus’ decision is final and no correspondence will be entered into.

9. The Winners shall receive a prize that corresponds to the order in which their name is drawn (the “Prize”), as follows:

9.1 The first (1st) entrant drawn will receive one (1) Berghaus online voucher worth one hundred pounds sterling (£100) to spend at www.berghaus.com .

9.2 The second (2nd) entrants drawn will each receive one (1) Berghaus online voucher worth fifty pounds sterling (£50) to spend at www.berghaus.com .

Berghaus will contact the Winners with further details on how to claim their Prize after the Closing Date of the Prize Draw. Each Prize must be claimed by 16 July 2013.

10. Each Winner will be advised by email within seven (7) days of the Draw Date. If any of the Winners do not respond within one (1) week of notification, Berghaus reserves the right to offer the Prize to the next randomly selected eligible entrant until a Winner is found.

12. By entering the Prize Draw, each Winner consents to their name being made available after the Draw Date on the official Berghaus Facebook page and to those who send a self addressed envelope to the address set out below and request to be sent the Winners’ names.

13. Entrants accept that the Website is offered on an “as is” and “as available” basis. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or servers which makes them available are free from software viruses or other defects. Berghaus has no control over, and disclaims all responsibility for, any content which contestants may encounter, or events which may occur as a result of any use of the Website to the fullest extent permitted by law, and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by contestants as a result of their use of the Websites. Berghaus shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Websites.

14. The Winners agree to take part in post-Prize Draw publicity at the request of Berghaus. By entering into the Prize Draw, entrants agree to Berghaus’ unrestricted use of any post-Prize Draw publicity for Berghaus’ own purposes in all activities, including without limitation marketing and promotional activities worldwide including use on Berghaus’ websites and social networking platforms.

15. Berghaus reserves the right to withdraw or amend this promotion and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

16. To the maximum extent permitted by law, Berghaus and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of the Prize. For the avoidance of doubt, Amazon’s terms and conditions of use of the Prize will apply.

17. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Prize Draw. The information may be passed on to third parties for the purposes of managing the Prize Draw only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or any other party then your personal data may be used by them for such purposes, including direct marketing. Information regarding personal data provided by the entrant in completing the Berghaus Facebook questionnaire will be stored in Surveymonkey. Such information will be used by Berghaus to understand how our Facebook fans feel about the Berghaus brand with a view to providing better value content and information.

18. By entering this Prize Draw, entrants agree to be bound by these terms and conditions. All Entry instructions form part of these Terms and Conditions. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

19. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue,

Sunderland Enterprise Park, Sunderland, SR5 3XB.

© Berghaus Limited 2013. All Rights Reserved.

Rate & Reviews Prize Draw

By entering into the Berghaus Rate and Review Prize Draw organised by Berghaus (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:
1. The Prize Draw commences on 1 March 2014 and closes at 5pm on 30 April 2014. No entries will be accepted before the opening date or after the closing date. One (1) entry per review is permitted. Third party or bulk entries will not be accepted, and illegible, altered, corrupted or damaged entries or those not in accordance with these Terms & Conditions are invalid. Proof of transmission shall not be proof of receipt.
2. To enter the Prize Draw, you need to submit a review for any Berghaus product listed on our website www.berghaus.com, entering your personal information (name and contact details) where indicated.
3. Each review must adhere to Berghaus’ guidelines as set out at www.berghaus.com/review. Only reviews that meet the guideline criteria will be accepted into the Prize Draw.
4. There will be one (1) winner. The prize shall be a contribution by Berghaus of £150 (or an equivalent amount in the winner’s home currency) to spend at Berghaus.com (“the Prize”). Please note that the Prize must be spent in one single transaction.
5. To be eligible for the Prize Draw entrants must be aged sixteen (16) and over. The following are not eligible: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their families and (ii) any other company, organisation or person assisting or connected with the promotion.
6. There are no cash alternatives and the Prize is not negotiable, transferable or returnable.
7. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.
8. The winner will be selected at random from all submitted reviews received by an independent moderator on the 1st November 2013 (“Draw Date”). The moderator’s decision is final.
9. The winner will be advised by email within 7 days of the Draw Date. If any of the winners do not respond within a reasonable amount of time, Berghaus reserves the right to offer the Prize to the next randomly selected eligible entrant until a winner is found.
10. The winner must claim their Prize within six (6) months of the relevant Draw Date.
11. The winner’s name and country will be made available after the closing date to those who send a self addressed envelope to the address set out below.
12. The winners agree to take part in post-Prize Draw publicity at the request of Berghaus.
13. Berghaus reserves the right to withdraw or amend this promotion and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.
14. Berghaus does not accept any responsibility for any network congestion, technical failure or other problem which results in any entries not being properly recorded or received.
15. Any complaints regarding the Prize Draw or the Prize should be directed to Berghaus at the address set out below.
16. Berghaus shall not be liable for any claims in respect of the Prize, to the fullest extent that this is permitted by law. Nothing in this clause shall exclude Berghaus’s liability for personal injury or death caused by Berghaus’s negligence.
17. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Prize Draw. The information may be passed on to third parties for the purposes of managing the Prize Draw only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or any other party then your personal data may be used by them for such purposes, including direct marketing.
18. These Terms and Conditions are governed and construed in accordance with the laws of England and Wales.
19. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

Footwear Survey

The following Terms and Conditions apply to the Berghaus mailing list prize draw (the “Prize Draw”):

1. In order to enter the Prize Draw contestants are required to subscribe to the Berghaus mailing list through the berghaus website and complete the Berghaus Footwear survey (the "survey")

2. The Prize Draws will run from the first day of each month until the last working day of each month. All Berghaus mailing list subscribers will automatically be entered for each monthly prize draw.

3. The Prize Draw will run from the 22nd March 2013 until 10pm on 2nd April 2013. It is open to persons aged eighteen (18) or over, who are residents of the United Kingdom. The Prize Draw is specifically closed to employees of Berghaus, Pentland Brands plc, any associated companies, and their families.

4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THE PRIZE DRAW. You do not have to buy any Berghaus product in order to enter these Prize Draw.

5. Ten (10) winners will be drawn at random from those who have completed the survey. Prize winners will win the Berghaus Explorer boots subject to availability. No cash alternative is available and the prizes are non-transferable. The prizes may be altered or varied at the Promoter’s sole discretion and substituted with prizes which, in the Promoter’s sole opinion, are suitable alternatives.

6. The Prize Draw winners shall be notified by email or telephone within seven (7) days of the closing date of the Prize Draw. The name of the Prize Draw winner will also be posted on the brasher website.

7. The draw will be made by an independent person and the Promoter’s decision is final. No correspondence will be entered into. All Prize Draw winners agree to take part in post-Prize Draw publicity at the request of Berghaus.

8. Information regarding personal data provided in the entry form will be collected stored and processed in a database for the purpose of managing entry into this promotion. Such information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus Limited then your personal data may be used by them for such purposes, including direct marketing.

9. Personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

10. brasher reserves the right to amend these Terms and Conditions and/or cancel the Prize Draw at its sole discretion.

11. The Promoter of the Prize Draw is Berghaus Limited, whose registered office is a 8 Manchester Square, London, W1U 3PH and whose principal place of business is at 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR58 3XB.

12. By entering the Prize Draw entrants agree to be bound by these Terms and Conditions. All entry instructions form part of these Terms and Conditions

Vapour Display Competition

BERGHAUS LIMITED (“BERGHAUS”)

BERGHAUS VAPOUR DISPLAY COMPETITION TERMS AND CONDITIONS

By entering into the Berghaus Vapour POS display Competition organised by Berghaus (the “Competition”), entrants agree to be bound by the following Terms and Conditions:

1. The Competition commences on 25 March 2013 and closes at 5pm on 5 April 2013. No entries will be accepted before the opening date or after the closing date. One (1) entry per person is permitted. Third party or bulk entries will not be accepted, and illegible, altered, corrupted or damaged entries or those not in accordance with these Terms & Conditions are invalid. Proof of transmission shall not be proof of receipt.

2. To enter the Competition, you need to send a photograph of your in-store Berghaus Vapour POS display (the “Display”) to info@032designltd.com, including your name, email address, contact telephone number, store number and store address (the “Entry”).

3. Your image must be of the Display.

4. There will be one (1) winner (the “Winner”) and (1) runner up (the “Runner-Up”) only. The Winner’s prize shall be a choice of either the Men’s Voltage Berghaus Jacket or the Women’s Electra Berghaus Jacket, subject to availability and the Runner-Up’s prize will be a 32GB iPod touch®, subject to availability (the “Prizes”).

5. To be eligible for the Competition entrants must be aged sixteen (16) and over and must work as an employee in one of the UK outdoor clothing retail stores that stock the Vapour Collection. The following are not eligible: (i) any employees of Berghaus who do not work in one of the qualifying stores, (ii) Berghaus’ franchises, subsidiaries, agents and advisors and all employees’ families and (iii) any other company, organisation or person assisting or connected with the promotion.

6. There are no cash alternatives and the Prizes are non-negotiable, transferable or returnable.

7. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS PRIZE DRAW.

8. Berghaus shall select the store with the best Display (the “Winning Store”) and the store with the second best Display (the Runner-Up Store) from all the submitted Entries. Berghaus’ decision is final.

8. The Winner will be selected at random from all Entries submitted from the Winning Store and the Runner Up will be selected at random from all Entries submitted from the Runner-Up Store, by an independent moderator on the 8 April 2013 (the “Draw Date”). The moderator’s decision is final.

9. The Winner and Runner-Up will be advised by email within seven (7) days of the Draw Date. If either the Winner and/or the Runner Up does not respond within a reasonable amount of time, Berghaus reserves the right to offer the Prizes to the next randomly selected eligible entrant until a Winner and Runner Up are found.

10. The Winner and Runner-Up must claim their Prizes within six (6) months of the relevant Draw Date.

11. Both the Winner’s and the Runner-Up’s name and store will be made available after the closing date to those who send a self addressed envelope to the address set out below.

12. The Winner and Runner Up agree to take part in post-Competition publicity at the request of Berghaus.

13. Berghaus reserves the right to withdraw or amend this promotion and these Terms and Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

14. Berghaus does not accept any responsibility for any network congestion, technical failure or other problem which results in any entries not being properly recorded or received.

15. Any complaints regarding the Competition or the Prizes should be directed to Berghaus at the address set out below.

16. Berghaus shall not be liable for any claims in respect of the Prizes, to the fullest extent that this is permitted by law. Nothing in this clause shall exclude Berghaus’ liability for personal injury or death caused by Berghaus’ negligence.

17. Information regarding personal data provided in the entry form will be held and processed in a database for the purpose of managing entry into the Competition. The information may be passed on to third parties for the purposes of managing the Competition only. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus or any other party then your personal data may be used by them for such purposes, including direct marketing.

18. These Terms and Conditions are governed and construed in accordance with the laws of England and Wales.

19. The Promoter of this Competition is Berghaus Limited, 12 Colima Avenue,

Sunderland Enterprise Park, Sunderland, SR5 3XB.

Everyday Adventurers: Guest Blogging

Guest Blogging: Terms and Conditions

Acceptance of Terms

Berghaus Limited (“Berghaus”) invites guests to apply to contribute to the Berghaus Community at www.berghaus.com/community (the “Community”) by submitting any of the following to us via enquiries@berghaus.com:

• Up to one hundred (100) word blogs with at least one landscape image with a maximum size of one thousand (1,000) pixels wide
• Image portfolio, as a link to other websites with an image gallery facility
• Video clips no more than 1 minute in length, as a link to other websites with a video playback facility
(collectively, the “Material”)

Any submission of Material by guests to the Community means that guests accept and agree to abide by these Terms and Conditions (“Terms”).

Selection and Moderation
Berghaus shall, at its sole discretion, select a number of guests from all applications received to submit and publish Contributions to the Community. Selected guests shall be contacted by Berghaus via the email address used to submit the Material and informed of their successful application.
Guests that are invited to submit Contributions to the Community must submit a minimum of two (2) and a maximum of twelve (12) Contributions per month, unless otherwise agreed between the parties.
Each time a guest submits any Material (a “Contribution”), Berghaus will pre-moderate the Contribution within an estimated forty eight (48) hours from receipt. Berghaus will check all Contributions to ensure compliance with the standards outlined below (the “Standards”). Berghaus cannot guarantee that all Contributions will be published. Berghaus reserves the right to disqualify, remove, or disable access to, any Contribution which Beghaus, in its sole discretion, deems to be offensive, inappropriate, in breach of the Standards or for any other reason.
For the avoidance of doubt, Berghaus is under no obligation to use any Contribution made by a guest.
Guest bloggers must be over the age of 16.

Editorial Rights
Berghaus reserves the right to edit any Contributions such as including without limitation making corrections, omitting material and reorganising content as Berghaus sees fit in its sole discretion. In accordance with this right, Berghaus can add material to introduce guest bloggers and provide information relating to the guest blogger and/or the nature of the Contribution. Any material provided by Berghaus shall be clearly labelled and attributed to have been written by Berghaus.

Standards
These Standards apply to each part of a Contribution as well as to its whole. Berghaus will determine, in its sole discretion, whether a Contribution is in breach of the Standards.
A Contribution must:
• Be reasonably accurate (where it states a fact)
• Be genuinely held (where it states opinions)
• Comply with the law applicable in England and Wales and in any country from which it is posted
• Be relevant
• Be original works that have been created exclusively for the Community. For the avoidance of doubt, you may not republish such works elsewhere on the World Wide Web.

A Contribution must not:
• Be defamatory of any person
• Be obscene or vulgar, offensive, hateful or inflammatory
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual
• Infringe any copyright, database right or trade mark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be in contempt of court
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Impersonate any person or misrepresent your identity or affiliation with any person
• Give the impression that the Contribution has been written by Berghaus if this is not the case
• Advocate, promote, incite any third party to commit, or assist in any unlawful or criminal act
• Contain any virus, worm, trojan horse or any computer file or program that is liable to interrupt, destroy totally or partially or restrict the functions of Berghaus’s IT network systems

For the avoidance of doubt, if you breach any of the Standards, Berghaus reserves the right to cease considering any of your further Contributions for publication.

Product Review
Berghaus shall from time to time supply Berghaus products (“Products”) to selected guests for the purpose of testing, reviewing and providing feedback on Products through Contributions.
In return for providing Contributions relating to Products and complying with the Terms, Berghaus shall give to such selected guests: one (1) piece of Berghaus gear up to the value of £200. Berghaus may at any time withdraw or amend any giveaways as it sees fit in its sole discretion.
For the avoidance of doubt, in the event that a guest breaches the Terms, the guest shall, at Berghaus’s sole discretion, be obliged to return any and all Products and goods received from Berghaus forthwith.

Use of Material
By submitting a Contribution to the Community, you agree to grant Berghaus (and any of its subsidiaries and/or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in any media now known or later developed for the full term of any rights that may exist in the Material.
For the avoidance of doubt, Berghaus shall have the right to use the Material as it sees fit including without limitation for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. You also agree to waive any moral rights in the Material. Under no circumstances are you entitled to any payment if we do use your Material for any purpose.
In accordance with the Standards above, you also warrant that your Contribution does not infringe any copyright, database right or trade mark of any other person and that you are able to grant Berghaus the non-exclusive copyright licence described above.
You agree to indemnify Berghaus against all legal fees, damages and other expenses that may be incurred by Berghaus as a result of your breach of the above warranty.

Disclaimer
Whilst we reserve the right to remove any Contributions or any other information that we feel may be inappropriate, we are not responsible for any Material posted by any guest or for any information whatsoever contained in any linked sites. The information provided through the Contributions is published on the Community purely on an “as is” and “as available” basis. You agree that your use of this information is entirely at your own risk. Berghaus expressly excludes liability for any loss or damage arising from the use of the Material or any information on the Community by any person.
Berghaus is under no obligation to you or any other person to oversee, monitor or moderate any Material and may stop moderating the Material at any time.

No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any guest and Berghaus, constitute any guest the agent of Berhaus, nor authorise any guest to make or enter into any commitments for or on behalf of Berghaus.

Changes to Terms
Berghaus reserves the right to revise these Terms at any time. You are responsible for regularly reviewing these Terms. By continuing to submit and view Contributions you agree to all such Terms as amended from time to time.

Complaints
If you wish to complain about any Material contained in any Contribution, please email Berghaus at enquiries@berghaus.com. Berghaus will investigate the complaint and, in its sole opinion, adjudicate the matter. You will be informed of the outcome of Berghaus’s review within a reasonable time.

Terms of Use and Privacy Policy
These Terms supplement the Terms of Use and Privacy Policy applicable to the Berghaus website www.berghaus.com, which are incorporated herein by reference.

Adventure Challenge: Guidelines, Terms & Conditions

Berghaus Adventure Challenge - Guidelines and Considerations for applicants

The Berghaus Adventure Challenge seeks to support individuals and teams whose objectives reflect the spirit of adventure that is at the heart of Berghaus. Before submitting an application, ask yourself these questions:
• How is my/our plan genuinely adventurous? Can I/we define how my/our objectives epitomise adventure?
• What is new about my/our plans? Am I/are we going somewhere that hasn’t been explored before or am I/are we attempting a new route or approach at an established destination? Can I/we demonstrate innovation in style?
• How ethical/sustainable is my/our plan? Do I/we plan to do something proactive that will contribute to the local community in the area that I am/we are visiting?
• Is there anything unusual or unique about my/our plans?
• How will my/our story contribute to the heritage of adventure that defines Berghaus?

BERGHAUS ADVENTURE CHALLENGE TERMS AND CONDITIONS

By entering into the Berghaus Adventure Challenge (the “Adventure Challenge”), entrants agree to be bound by the following Terms and Conditions:

1. The Adventure Challenge comprises of seven (7) competitions (the “Competition’s”). The opening dates and closing dates for each of the seven (7) Competitions are set out in the table below. No entries will be accepted before the relevant Competition’s opening date or after the corresponding closing date. Entrants may only submit one (1) entry per Competition. Entries not in accordance with these Terms and Conditions shall be invalid. Entrants should take into consideration the Guidelines & Considerations before submitting their entry.

Competition Opening Date: 6 September 2012
Competition Closing Date: 5 p.m., 13 October 2012
Voting Opening Date: 5 November 2012
Voting Closing Date: 5 p.m., 12 November 2012
Winner Informed by Date: 19 November 2012

2. In order to enter the Adventure Challenge, entrants must:
• Visit the Adventure Challenge entry page at www.berghaus.com/challenge (the “Website”); and
• Register their contract details, including their name and valid email address and complete their adventure details on the online entry form available on the Website (the “Entry”).

3. One (1) winning team shall be chosen per Competition. There will be seven (7) winning teams in total over the duration of the Adventure Challenge Competition (collectively, the “Winning Teams”).

4. Each Winning Team shall be selected by a judging panel, which shall include Berghaus representatives (the “Panel”). The Panel shall select the Winning Team based on the criteria set out in the Adventure Challenge Guidelines & Considerations available on the Website. The Panel’s decision is final and no correspondence shall be entered into.

5. The Panel shall select 3 entries (the “Shortlisted Entries”) per Competition within four (4) days of the relevant Competitions Closing Date. The Shortlisted Entries for each Competition shall be displayed on the Website and on www.climbmagazine.com. A public voting competition shall commence between the Shortlisted Entries for each Competition on the dates set out above (the “Voting Opening Dates” and the “Voting Closing Dates”). The general public will be able to vote for their favourite finalist on the Website. The Shortlisted Entry that receives the highest number of votes by the relevant Voting Closing Date shall be the Winning Team for that Competition.

Please note:
To vote, voters must register on the Website by providing their contact details. Voters may only submit one (1) vote per Competition.

6. The Winning Team for each Competition shall receive one (1) prize consisting of the following:
• One thousand pounds (£1,000) to be used solely to help finance their winning adventure; and
• One thousand pounds (£1,000) worth of Berghaus gear (the “Gear”) to be used on a winning adventure (together, the “Prizes”).

Please note:
• The Gear is to be chosen from the current non-sale Berghaus range available at www.berghaus.com and must be claimed within one (1) month of the Winning Teams being notified that they have won;
• The Winning Teams are responsible for making their own arrangements for their adventure, including without limitation travel arrangements (including access permits and visas), appropriate medical cover, insurance, and contingency planning in case of emergency, etc.
• For the avoidance of doubt, If the Winning Teams adventure is cancelled prior to departure, the Winning Teams must return the Gear and any unspent Prize monies to Berghaus. If the Winning Teams adventure is cancelled after departure for reasons outside the control of the Winning Teams, the Winning Teams must return any unspent Prize monies to Berghaus.

7. The Adventure Challenge is open to all UK, Channel Island and Isle of Man residents aged eighteen (18) or over. The following are not eligible to enter: the employees of (i) Berghaus and its franchises, subsidiaries, agents and advisors and their families and (ii) any other company, organisation or person assisting or connected with the promotion.

8. Each winning adventure must commence within twelve (12) months of receipt of the Prizes. If the Winning Teams do not commence their adventure challenge within twelve (12) months of receipt of the Prizes, Berghaus reserves the right to request that the Winning Teams return the Prize monies and the Gear to Berghaus.

9. The winning adventure Entry must not be substantially amended by the Winning Teams without the prior written approval of Berghaus, such changes including but not limited to a change of objective, or a change in the team members, etc.

Berghaus reserves the right to withdraw the Prizes from the Winning Teams if, in its sole opinion, Berghaus considers that any unapproved changes to the original Entry have taken place in accordance with the terms of this paragraph 9.

10. All individuals in the Winning Team (the “Winners”) agree to conduct their adventures in an environmentally conscious and ethically sound manner.

11. All Winners acknowledge that they are responsible for adhering to local laws during their adventure.

12. Winners shall be required to submit to Berghaus free of charge:
a. a full written report of their adventure;
b. a selection of images and footage taken during the adventure, showcasing the Gear; and
c. constructive feedback on the Berghaus Prize Gear provided to the Winners.

Each Winner will also be required to participate in post-Competition publicity activities at the request of Berghaus and/or Climb Magazine, including online marketing and PR activity. Such activity may include writing about their winning adventure for Climb Magazine, blogging and use of social media sites such as Facebook, Twitter and YouTube.

All of the above and any images and names submitted as part of an Entry shall comprise the “Material”.

The Material must not contain images of or references to any products which are competitive with the Berghaus Products as part of the Gear.

13. Any Material created by the Winners must not infringe the intellectual property of any third party. This includes the use of third party trade marks, images and/or copyright. Winners warrant that any Material they submit was created by them. The Material shall not comprise of anything which is obscene or vulgar, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, sexually, racially, ethically, or religiously insulting, harassing, abusive, profane or otherwise unlawful. Berghaus reserves the right to alter Material submitted by the Winners.

14. By entering the Adventure Challenge, Entrants agree that any Material may be used by Berghaus (and its subsidiaries and associated companies) and/or Climb Magazine (and its subsidiaries and associated companies) for the marketing and promotion of this and future competitions (“Competition Marketing and Promotional Purposes”).

Entrants hereby grant to Berghaus a non-exclusive, irrevocable, worldwide licence for the Material in all media and for the uses described above for two (2) years following the date of announcement of the Winning Team, and without any further payment or acknowledgement to the Entrants.

Berghaus shall contact Entrants and afford them the opportunity to negotiate the terms of any additional usage of Entries falling outside of the Competition Marketing and Promotional Purposes.

15. The Prizes may be altered or varied at Berghaus’s sole discretion and substituted with prizes which, in Berghaus’s sole opinion, are suitable alternatives. Neither Berghaus nor Climb Magazine shall be liable for any claims or complaints of any nature in respect to the Prizes. The Prizes are subject to availability. There are no cash alternatives to the Gear and the Prizes are not negotiable, exchangeable or transferable.

16. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THIS COMPETITION. You do not have to buy or subscribe to any Berghaus or Climb Magazine product in order to enter the Adventure Challenge. Entries may be subject to local call charges depending on Entrants’ own individual arrangements for Internet access.

17. The Winning Teams shall be advised by telephone, email or post by the dates set out in the table above (“Winning Teams Informed by Date”). If any of the Winning Teams cannot be contacted by the specified date, Berghaus reserves the right to offer the Prize to the next Shortlisted Entry with the highest number of votes until a Winning Team has been chosen for each relevant Competition.

18. The Winning Teams will be contacted by email within thirty-one (31) days of being informed that they have won with further details of how to claim their Prize.

19. Berghaus reserves the right to withdraw or amend this promotion and these Terms & Conditions in the event of any unforeseen circumstances outside their reasonable control or if in their absolute discretion consider it necessary.

20. The Winners’ names and counties will be made available on the Website after the Winning Teams have been informed.

21. Information regarding personal data provided in the Entry will be held and processed in a database for the purposes of managing entry into the Adventure Challenge. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have separately agreed to receive communications from Berghaus and/or Greenshires Publishing, or any other third party, then your personal data may be used by them for such purposes including direct marketing.

Any personal data provided by Entrants will be held and processed in accordance with the requirements of the 1998 Data Protection Act.

22. Entrants accept that the Website is offered on an “as is” and “as available” basis. While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of software viruses or bugs or other defects. Berghaus has no control over, and disclaims all responsibility for, any content which Entrants, or those who vote for Entrants (collectively known as “Users”), may encounter, or events which may occur as a result of any User’s Website to the fullest extent permitted by law, and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by Users as a result of their use of the Website. Berghaus shall not be responsible for any Entry which is lost or damaged in transit or that cannot be uploaded on to the Website.

23. Berghaus and/or Climb Magazine will not be liable for any loss or damage arising out of the Winners’ enjoyment of the Prizes. Nothing in these Terms & Conditions shall affect your statutory rights.

24. The Promoter of the Adventure Challenge is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR58 3XB.

© Berghaus Limited, 2012.