Terms and Conditions

Full Website Terms of Use

Technology Survey Prize Draw: Terms & Conditions

By entering into the Berghaus Survey prize draw in corporation with the Berghaus questionnaire “Berghaus Technology Questionnaire - The shopper’s opinion” organised by Berghaus (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

1. The Prize Draw opens on 25 May 2012 and closes at midnight on 10 June 2012. No entries will be accepted before the opening date or after the closing date. Entries are limited to one (1) entry per person. Third party or bulk entries will not be accepted, and altered or incomplete entries or those not in accordance with the entry instructions are invalid. Berghaus cannot acknowledge receipt of your prize draw entry and shall not be responsible for any entry which is lost or damaged in transit.

In order to be entered into the Prize Draw entrants must complete the “Berghaus Accessories Packaging - The shopper’s opinion” survey and supply a contact name and email address when prompted in the questionnaire. The questionnaire can be located here: http://bit.ly/ItaQca.

2. The Prize Draw is open to anyone aged sixteen (16) and over. The Prize Draw is specifically closed to 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.

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

4. There will be one (1) Powder keg rucksack (the “Prize”).
For the avoidance of doubt, the Prize shall be selected by Berghaus. In the event that any element of the Prize is unavailable, Berghaus shall replace this with a prize which, in Berghaus’ sole opinion, is a suitable alternative.

5. The draw will be made by an independent person on 28th June 2012. The winner will be notified by email or telephone by 6th July 2012. If the winner cannot be contacted by 10th July 2012, Berghaus reserves the right to offer the Prize to the next randomly selected winner, and thereafter until one (1) winner has been successfully contacted. Berghaus’ decision is final and no correspondence will be entered into.

6. Berghaus shall contact the winner with further details of how to claim their Prize, and to arrange delivery of the Prize to an agreed address, after the close of the Prize Draw.

7. The winner agrees to take part in post-Prize Draw publicity at the request of Berghaus. By entering the Prize Draw, contestants 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.

8. 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. No cash alternative is available and the Prize is non-transferable.

9. The winner’s name will be made available after the closing date to those who participate in the online questionnaire survey “Berghaus Accessories Packaging – the shopper’s opinion” and on Berghaus social media sites.

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

12. The promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR58 3XB.

13. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

Survey Prize Draw: Terms & Conditions

By entering into the Berghaus Survey prize draw in corporation with the Berghaus questionnaire “Berghaus Accessories Packaging - The shopper’s opinion” organised by Berghaus (the “Prize Draw”), entrants agree to be bound by the following Terms and Conditions:

1. The Prize Draw opens on 12 May 2012 and closes at midnight on 26 May 2012. No entries will be accepted before the opening date or after the closing date. Entries are limited to one (1) entry per person. Third party or bulk entries will not be accepted, and altered or incomplete entries or those not in accordance with the entry instructions are invalid. Berghaus cannot acknowledge receipt of your prize draw entry and shall not be responsible for any entry which is lost or damaged in transit.

In order to enter the Prize Draw, entrants must complete and submit the “Berghaus Accessories Packaging – the shopper’s opinion” online questionnaire survey and proceed to complete the Prize Draw entry form which is available at http://bit.ly/ItaQca.

2. The Prize Draw is open to anyone aged sixteen (16) and over. The Prize Draw is specifically closed to 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.

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

4. There will be one (1) Powder keg rucksack (the “Prize”).

For the avoidance of doubt, the Prize shall be selected by Berghaus. In the event that any element of the Prize is unavailable, Berghaus shall replace this with a prize which, in Berghaus’s sole opinion, is a suitable alternative.

5. The draw will be made by an independent person on 28th May 2012. The winner will be notified by email or telephone by 28th May 2012. If the winner cannot be contacted by 31st May 2012, Berghaus reserves the right to offer the Prize to the next randomly selected winner, and thereafter until one (1) winner has been successfully contacted. Berghaus’s decision is final and no correspondence will be entered into.

6. Berghaus shall contact the winner with further details of how to claim their Prize, and to arrange delivery of the Prize to an agreed address, after the close of the Prize Draw.

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

8. 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. No cash alternative is available and the Prize is non-transferable.

9. The winner’s name will be made available after the closing date to those who participate in the online questionnaire survey “Berghaus Accessories Packaging – the shopper’s opinion” and on Berghaus social media sites.

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

12. The promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR58 3XB.

13. English law governs this Prize Draw and each party submits to the exclusive jurisdiction of the English courts.

Outward Bound Ultimate Adventure

The following Terms and Conditions apply to the Berghaus Outward Bound Ultimate Adventure Challenge (the “Ultimate Adventure”):

1. In order to enter the Ultimate Adventure entrants should visit www.berghaus.com/community and email enquiries@berghaus.com with their name, picture and contact details and submit in no more than one hundred (100) words why they should be chosen as winner of the Ultimate Adventure or alternatively submit a video no more than one (1) minute long explaining why they should be chosen as winner of the Ultimate Adventure (“the Entry”).

2. The Ultimate Adventure opens on 24 April 2012 and the closing date is at midnight on 31 May 2012. No entries shall be accepted before the start date or after the closing date. Entries are limited to one (1) entry per person. Third party or bulk entries will not be accepted and entries not in accordance with the entry instructions are invalid. The promoter cannot acknowledge receipt of the Entry and shall not be responsible for any Entry which is lost or damaged in transit.

3. The Ultimate Adventure is open to those aged between sixteen (16) and twenty four (24), who are residents of the United Kingdom, Isle of Man and Channel Islands. The Ultimate Adventure is specifically closed to employees of Berghaus, Pentland Group plc, Outward Bound, any associated companies, and their families.

4. NO PURCHASE OF ANY KIND IS NECESSARY TO TAKE PART IN THE ULTIMATE ADVENTURE. You do not have to buy any Berghaus product in order to enter the Ultimate Adventure.

5. There will be one (1) grand prize of a three (3) week all inclusive Outward Bound Ultimate Adventure Course (“the Adventure Course”) and a five hundred pound (£500) voucher to spend online at www.berghaus.com (“the Prize”). The Promoter will contact the winner and provide a redeemable online voucher code.

Please note:
• the winner may select the location of the Adventure Course (from the Highlands, the Lake District and/or Snowdonia) and dates of the Adventure Course they wish to attend, subject to availability The course dates are as follows:

• 30 June 2012 – Highlands
• 14 July 2012 - Snowdonia
• 21 July 2012 - Highlands
• 28 July 2012 - Lakeland
• 4 August 2012 - Snowdonia

• if the winner is under eighteen (18) years of age they will need their parent’s or guardian’s consent to attend the Adventure Course;
• the winner will be asked to show proof of age on claiming their Prize;
• the Adventure Course is physically challenging, the winner will need to be fit and complete a full medical form before attending the Adventure Course;
• the winner will be responsible for adhering to Outward Bound’s Terms and Conditions whilst attending their Adventure Course;
• the Adventure Course costs £1,449 inclusive of food and accommodation, the winner will be responsible for any additional expenses;
• the Adventure Course does not include transport to or from the winners chosen Adventure Course location;

Further information on the Outward Bound and the Outward Bound Experience course can be found at www.theoutwardboundtrust.org.uk;

6. The winner of the Ultimate Adventure will be chosen by an independent person on 4 June 2012 The winner will be notified by email on 5 June 2012. If the winner cannot be contacted by 8 June 2012, the Promoter reserves the right to select another winner from the remaining eligible entries and thereafter until the winner is found. The Promoter’s decision is final and no correspondence will be entered into.

7. The Prize must be claimed by 15 June 2012. If the Prize has not been claimed by 15 June 2012, the Promoter reserves the right to select another winner from the remaining eligible entries and thereafter until the winner is found. The Promoter’s decision is final and no correspondence will be entered into.

8. The winner agrees to take part in post-competition publicity at the request of the Promoter. By entering the Ultimate Adventure, contestants agree to the promoter’s unrestricted use of any post competition publicity for the Promoter’s own purposes in all activities including, without limitation, marketing and promotional activities worldwide including use on the Promoter’s websites and social networking platforms.

9. Any material created by the winner must not infringe the intellectual property rights of any third party. This includes the use of third party trade marks, images and/or copyright. The winner warrants 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.

10. By entering the Ultimate Adventure, Entrants agree that any material may be used by the Promoter and/or Outward Bound for the marketing and promotion of this and future competitions. (“Competition Marketing and Promotional Purposes”).

Entrants hereby grant the Promoter a non-exclusive, irrevocable, worldwide license for the material in all media and for uses described above for two (2) years following the date of announcement of the winner and without any further payment or acknowledgment to the entrants.

The Promoter 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.

11. The Prize 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 Prize is subject to availability. No cash alternative is available and the prize is non-transferable. Neither the Promoter nor Outward Bound shall be liable for any claims or complaints of any nature in respect to the prize.

12. The Winner’s name and county will be made available after the closing date on the Berghaus Facebook page at www.facebook.com/berghaus and the Outward Bound Facebook page at www.facebook.com/TheOutwardBoundTrust

13. 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 the Ultimate Adventure. 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 the Promoter and/or Outward Bound 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.

14. To the maximum extent permitted by law, the Promoter shall not be liable for any claims or actions of any kind whatsoever for any damages which may be sustained in connection with the winners up attendance on their chosen Adventure Course.

15. The Promoter reserves the right to amend these Terms and Conditions and/or cancel the Adventure Course at its sole discretion.

16. The Promoter and/or Outward Bound will not be liable for any loss or damage arising out of the winner’s enjoyment of the prize. Nothing in these Terms and Conditions shall affect your statutory rights.

17. The Promoter of this Prize Draw is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR58 3XB.

18. By entering the Ultimate Adventure contestants agree to be bound by these terms and conditions. All entry instructions form part of these Terms and Conditions. English law governs the Ultimate Adventure and each party submits to the exclusive jurisdiction of the English courts.

^© Berghaus Limited 2012. All Rights Reserved.

Footwear Recycling -15% Discount: Terms and Conditions

1. Return one (1) pair of Outdoor Footwear or Boots (the “Returned Shoes”) and receive a fifteen per cent (15%) discount on any Berghaus Footwear (the “Offer”).
2. The Offer is only redeemable against full priced footwear at the following participating retail stores (the “Participating Stores”):
- Berghaus London: 13 Short Gardens, Covent Garden, London WC2H 9AT;
- Berghaus Gateshead: Lower Red Mall, Metro Centre Gateshead, Tyne and Wear, NE11 9YG; and
- Berghaus Bristol: 22 Broadmead, Bristol BS1 3HA.
3. The Offer is valid between 18 April 2012 and midnight (GMT) 27 May 2012.
4. The Offer will be applied in store at the till point.
5. The Offer can only be redeemed once per customer for each pair of Returned Shoes.
6. The Returned Shoes will be given to a charity of choice to be chosen at Berghaus Limited’s sole discretion.
7. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.
8. The Offer may not be used in conjunction with other promotions, including in-store promotions.
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 both 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 Policy applies; please refer to these policies for full details.

Free Pair of Socks: Terms and Conditions

1. Purchase one (1) pair of Berghaus footwear and receive one (1) pair of socks free (the “Offer”).
2. The Offer is only redeemable against full priced footwear offered online at http://store.berghaus.com and at the following participating retail stores (the “Participating Stores”):
- Berghaus London: 13 Short Gardens, Covent Garden, London WC2H 9AT;
- Berghaus Gateshead: Lower Red Mall, Metro Centre Gateshead, Tyne and Wear, NE11 9YG;
- Berghaus Bristol: 22 Broadmead, Bristol BS1 3HA.
3. The Offer is valid between 16 April 2012 and midnight (GMT) 27 May 2012.
4. The Offer will be applied in store at the till point and online in the shopping basket. Online, in the basket, you will be given the option to ‘Select your free gift’ and you can choose the sock size.
5. The Offer can only be used once per customer.
6. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.
7. The Offer may not be used in conjunction with other promotions.
8. Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.
9. The Offer is subject to availability.
10. If you want to return any of the footwear purchased in conjunction with the Offer, you must return the pair of socks.
11. If you want to exchange any of the footwear purchased in conjunction with the Offer, you may only exchange for footwear of lesser or the same value.
12. The Offer cannot be exchanged for cash.
13. Nothing in these terms and conditions shall affect your statutory rights.
14. 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 both products and a copy of your proof of purchase. A full refund of the Offer amount will then be given.
2. Our full Returns Policy applies; please refer to these policies for full details.

Free Delivery: Terms & Conditions

• In order to receive free standard UK delivery off your next purchase from www.berghaus.com (the “Offer”), you must input the relevant code when asked for a promotional code at the online checkout, as per these Terms and Conditions. The Offer will be made automatically at checkout.
• Offer applies to any full price item purchased on www.berghaus.com only.
• Offer is valid for purchases made in accordance with these Terms and Conditions between 26 March 2012 and 4 April 2012 inclusive.
• Offer applies to UK standard, EU standard and Channel Islands standard delivery only.
• Offer can only be used once per customer.
• Berghaus reserves the right to amend these Terms and Conditions, or to discontinue the Offer at any time.
• There is no cash alternative.
• If you return any item(s) purchased during this period, you will receive a full refund of the price paid by you for the item(s), excluding delivery costs.
• All other Terms and Conditions apply. Please see www.berghaus.com for full Terms and Conditions.
• Nothing in these terms and conditions shall affect your statutory rights.

Discount Code: Terms and Conditions

• This discount code entitles you to a fifteen per cent (15%) discount off purchases made from 23 March 2012 – 31 March 2012 (the “Offer”).
• In order to claim your discount, you must enter the relevant promotional code when promoted online at www.berghaus.com.
• The Offer is valid from 23 March 2012 to 31 March 2012 inclusive.
• The Offer applies only to full price Berghaus products.
• The Offer cannot be redeemed with any other retailer.
• The Offer may not be used in conjunction with any other offers.
• Berghaus Limited reserves the right to amend these terms and conditions or discontinue the Offer at any time.
• If you return any Berghaus products purchased under the Offer, you will receive a full refund of the Offer amount paid by you.
• Nothing in these terms and conditions shall affect your statutory rights.
• The Offer shall be governed in accordance with the laws of England and Wales.

Berghaus UoB Mountaineering Society In-store Offer

1. This flyer entitles you to receive fifteen percent (15%) off your next purchase of Berghaus products (the “Offer”)
2. In order to receive the Offer, you must complete your details and present this flyer to a member of staff at point of purchase at the Berghaus Bristol store at 22 Broadmead, Bristol, BS1 3HA (the “Berghaus Bristol Store”).
3. The Offer can only be redeemed against full priced Berghaus products available at the Berghaus Bristol Store.
4. The Offer must be redeemed between 22 March 2012 and 30 June 2012.
5. The Offer may only be redeemed once per person.
6. The Offer is not transferable and cannot be used for purchases with any other store, retailer or online store.
7. The Offer may not be used in conjunction with any other promotions.
8. Berghaus Limited reserves the right to amend these terms and conditions or withdraw the Offer at any time.
9. If you agree to receive communications from Berghaus, information regarding personal data provided on this flyer will be collected stored and processed in a database. Such information will be used for communications purposes, including direct marketing. Any personal data that you provide will be held and processed in accordance with the requirements of the Data Protection Act 1998.
10. The Offer is subject to availability.
11. If you want to return any product purchased in conjunction with this Offer, you will receive a full refund of the Offer amount paid by you.
12. This flyer has no monetary value and cannot be exchanged for cash.
13. Nothing in these terms and conditions shall affect your statutory rights.
14. The Offer shall be governed in accordance with the laws of England and Wales

Refund Policy

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

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) digital camera and a signed certificate by Sir Chris Bonington, subject always to availability. 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 opens on 10 August 2011 and closes at 5p.m. on 6 February 2012. The Adventure Challenge is comprised of six (6) monthly competitions during this period. Each monthly competition opens and closes on the dates below. No entries will be accepted before the relevant competition’s opening date or after the closing date. Entrants may only submit one (1) entry per month. Entries that are not in accordance with these Terms & Conditions are invalid. Entrants should take into consideration the Guidelines & Considerations before submitting their Entry.

Competition Opening Date: 10 August 2011
Competition Closing Date: 5 p.m., 1 September 2011
Voting Opening Date: 13 September 2011
Voting Closing Date: 5 p.m., 20 September 2011
Winner Informed by Date: 21 September 2011

Competition Opening Date: 12 September 2011
Competition Closing Date: 5 p.m., 3 October 2011
Voting Opening Date: 7 October 2011
Voting Closing Date: 5 p.m., 14 October 2011
Winner Informed by Date: 21 October 2011

Competition Opening Date: 17 October 2011
Competition Closing Date: 5 p.m., 1 November 2011
Voting Opening Date: 7 November 2011
Voting Closing Date: 5 p.m., 14 November 2011
Winner Informed by Date: 21 November 2011

Competition Opening Date: 14 November 2011
Competition Closing Date: 5 p.m., 5 December 2011
Voting Opening Date: 9 December 2011
Voting Closing Date: 5 p.m., 16 December 2011
Winner Informed by Date: 22 December 2011

Competition Opening Date: 12 December 2011
Competition Closing Date: 5 p.m., 3 January 2012
Voting Opening Date: 9 January 2012
Voting Closing Date: 5 p.m., 16 January 2012
Winner Informed by Date: 23 January 2012

Competition Opening Date: 16 January 2012
Competition Closing Date: 5 p.m., 6 February 2012
Voting Opening Date: 10 February 2012
Voting Closing Date: 5 p.m., 17 February 2012
Winner Informed by Date: 24 February 2012

2. In order to enter the Adventure Challenge entrants are required first to register their details (name and email address), and then to complete their adventure details on the online entry form available on the Adventure Challenge entry page at www.berghaus.com/challenge (the “Website”) (the “Entry”). One (1) winning team (the “Winner”) will be chosen each month over the duration of the Adventure Challenge promotion.

3. Each month, the Entries for that month’s competition will be judged by a panel comprised of Berghaus and Climb Magazine representatives and including an independent adjudicator (the “Panel”), on the criteria set out in the Adventure Challenge Guidelines & Considerations available on the Website.
The Panel will select three (3) finalists within three (3) days of the Competition Closing Date. The Panel’s decision is final and no correspondence will be entered into. Each month’s finalists’ adventure details will be posted on the Website and on www.berghaus.com and www.climbmagazine.com on the dates as set out above (“Voting Opening Dates”). The general public will be able to vote for their favourite finalist on the Website. In order to vote, voters must first register on the Website by providing their contact details. Voters can only submit one (1) vote per month. Berghaus reserves the right to investigate any irregular voting patterns and to take such corrective action as Berghaus deems appropriate on a case by case basis. The finalist that receives the highest number of votes by the Voting Closing Date will be the Winner for that month.

4. Each month, one (1) Winner will receive a prize of one thousand pounds (£1,000) to be used solely to help finance their winning adventure, and a further one thousand pounds (£1,000) worth of Berghaus gear (the “Gear”) to be used on a winning adventure (together, the “Prizes”).
The Prize 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 Winner being notified that they have won.
Winners 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.

5. 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.

6. Each winning adventure must commence within six (6) months of receipt of a Prize.

7. A winning adventure must not be substantially amended by a Winner 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 a Prize from a Winner if, in its sole opinion, Berghaus considers any unapproved changes to disqualify the winning Entry from winning as per the terms of this paragraph 7.

8. If a winning adventure is cancelled prior to departure, the Winner must return the Gear and any unspent Prize monies to Berghaus. If a winning adventure is cancelled after departure for reasons outside the control of the Winner, the Winner must return any unspent Prize monies to Berghaus.

9. All Winners agree to conduct their adventures in an environmentally conscious and ethically sound manner.

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

11. 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 Gear.

12. 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.

13. 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 Winners, 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.

14. 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.

15. 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.

16. The Winners will be advised by telephone, email or post by the dates set out in the table above (“Winner Informed by Date”). If any of the Winners cannot be contacted by the specified date, Berghaus reserves the right to offer the Prize to the next finalist with the highest number of votes until a Winner has been chosen for that month’s competition.

17. The Winners 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.

18. 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.

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

20. 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.

21. 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.

22. 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.

23. The Promoter of the Adventure Challenge is Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland, SR5 3XB.

© Berghaus Limited, 2011.