FIRESTONE DISCOVERIES PATHFINDER
LEGAL TERMS
1. No purchase or blogging experience is required.
2. Eligibility. The Firestone Discoveries Pathfinder program (the "Program") is open to U.S. Citizens age 21 and over with a valid U.S. Passport or who are able to and willing to obtain a valid U.S. Passport. Determination of whether an individual qualifies for the Program shall be under the supervision of Firestone Vineyard, LP ("Firestone"). Employees of Firestone, Foley Family Wines, Inc., advertising and promotional agencies, persons living in the same household, and the families of each are not eligible to be selected. The Program is subject to all applicable federal, state, local and foreign laws and regulations and is void where prohibited by law.
3. Publicity. By applying, all applicants fully and unconditionally consent and agree to the use of their name/likeness, applications, writing samples, blogs, and videos, statements and ideas in all forms of media for advertising and promotional purposes by Firestone and grant Firestone a royalty-free, transferable, assignable, irrevocable, perpetual, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or part, on a worldwide basis, and incorporate it into other works, in any form, media or technology now known or later developed for any purpose whatsoever. If necessary, the applicant will sign any documentation that may be required for Firestone or its designees to make use of the exclusive rights applicant is granting hereby. By applying, applicants fully and unconditionally agree to abide by and be bound by these Legal Terms and the decisions of Firestone, which are final and binding in all matters related to the Program, including, without limitation, the selection of the quarter-finalists, semi-finalists, and selected candidate. Whether an applicant advances to the next phase is contingent upon fulfilling all requirements. If selected, individuals agree to participate in scheduled public relations activities and perform the activities requested of them.
4. Timing. The Program begins on August 17, 2009 and ends on January 11, 2010. The Program consists of a submission phase, a random selection phase which will narrow the applicants to ten, a semi-finalist selection phase, which will narrow the applicants to three, and a finalist selection phase, which will select the Firestone Discoveries Pathfinder. Firestone is the official time and date keeper.
| Phase | Starts | Ends |
| Submission Phase | August 17, 2009 | December 14, 2009 |
| Random Selection | December 14, 2009 | December 15, 2009 |
| Semi-Finalist Phase | December 15, 2009 | December 18, 2009 |
| Finalist Phase | January 9, 2010 | January 11, 2010 |
5. How to Enter. During the submission phase, visit www.FirestoneDiscoveries.com (the "Website") and follow the links and instructions on Apply Now and complete the Firestone Discoveries Pathfinder Application, including an up to 50 word statement on why you would be the most effective Pathfinder, and become a Fan of the Firestone Discoveries page on Facebook. An applicant will receive one entry credit into the random selection phase if his or her entry is in compliance with the below submission guidelines and content restrictions as determined by Firestone in its sole discretion. An applicant will receive an additional entry credit into the random selection phase by referring his or her friends to the Firestone Discoveries website using email, Facebook, Twitter, etc. after that friend has completed and submitted his or her own application for the Pathfinder position. Only one person can get a referral credit for each applicant. Each applicant will represent and warrant to Firestone that his or her entry complies with the Submission Guidelines and Content Restrictions (below) and that he or she agrees with these Legal Terms. Entries found not to comply with these guidelines and restrictions or to be incomplete may or may not be removed from the Program. A person submitting a non-conforming or incomplete entry may or may not be notified of any deficiencies and may or may not be given an opportunity to submit a corrected entry. Each applicant may only submit one application to the Program.
Submission Guidelines and Content Restrictions.
ii. The submission, or any portion thereof, cannot have been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means.
iii .The submission must not contain material that violates or infringes another's rights and no other person must have any right or title in and to the submission.
iv. The submission must not violate any non-compete agreement, contract or other legal document applicant has entered with an employer (whether current or former), vendor, client or other third party.
v. The submission must not contain brand names or trademarks, except for the Firestone trademark and associated Firestone elements available on the Website, which applicant has a limited license to use for the sole purpose of creating and sending a submission into the Program.
vi. The submission must not contain material that, in the sole judgment of Firestone, is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous, promotes discrimination, or is unlawful.
6. Random Selection Phase. Ten randomly drawn quarter-finalists, who each satisfy the above submission guidelines and content restrictions, will be notified by email, phone or registered mail on or about December 14 - 15, 2009 and invited to advance to the Semi-Finalist Selection Phase of the Program. If one or more selected candidates decline or are unable to participate in the next phase of the Program, other randomly selected candidate(s) may be selected.
7. Semi-Finalist Selection Phase. The ten quarter-finalists will be requested to submit a resume, photograph and up to a 250 word blog-style writing sample on a why you like Firestone Wines, and participate in a telephone interview. The writing sample must comply with the Submission Guidelines and Content Restrictions (above). A person submitting a non-conforming or incomplete entry may or may not be notified of any deficiencies and may or may not be given an opportunity to submit corrected response materials. One or more judges selected by Firestone in its sole discretion, will review and judge each quarter-finalist based on his or her submitted materials and interview according to the following subjective criteria: enthusiasm and credibility toward the Program and Firestone Wines (34% factor); verbal communication skills and appearance (33% factor); and writing ability (33% factor). The three candidates with the highest scores will be notified by email, phone or registered mail on or about December 18 - 19, 2009 and invited to advance to the finalist phase of the Program. If one or more selected candidates decline or are unable to participate in the next phase of the Program, the candidate(s) with the next highest score(s) may be selected. All decisions of the judge(s) shall be final.
8. Finalist Selection Phase. The three semi-finalists will be invited to the Firestone headquarters in Los Olivos, California on or around January 9-11, 2010. Firestone will arrange for and pay each semi-finalist's transportation (with coach class airfare, if necessary) and lodging. The semi-finalists will participate in face-to-face interviews, be provided with a tour of Firestone and a gourmet lunch paired with Firestone Wine, and following lunch a 90 minute period in which to write up to a 250 word blog-style writing sample reporting the pairing of Firestone Wine with lunch. The writing sample must comply with the Submission Guidelines and Content Restrictions (above). A person submitting a non-conforming or incomplete entry may or may not be notified of any deficiencies and may or may not be given an opportunity to submit corrected response materials. One or more judges selected by Firestone in its sole discretion, will review and judge each semi-finalist based on his or her interview and submitted blog according to the following subjective criteria: enthusiasm and credibility toward the Program and Firestone Wines (34% factor); verbal communication skills and appearance (33% factor); and writing ability (33% factor). The candidate with the highest average combined score will be notified that same day and offered the position of Firestone Discoveries Pathfinder. If the selected candidate declines or is unable to serve as the Pathfinder, the candidate with the next highest average combined score will be offered the opportunity to be the Pathfinder. All decisions of the judge(s) shall be final.
9. Firestone Discoveries Pathfinder. The Firestone Discoveries Pathfinder is a part-time, one month, independent contractor position. The dates of the position will be from April 17, 2010 through May 16, 2010. Duties of the Pathfinder will include, without limitation, traveling to Peru and hiking the Inca Trail on a nine-day adventure with Zephyr Adventures group between and around April 17 - 25, 2010, starring in videos created during the trip about Firestone Wine and the Inca Trail trek, filing post-trip reports on the Firestone Discoveries website; and reporting on-line about pairing Firestone wines with various dishes after the trip. A minimum of 15 blog posts will be required to fulfill the obligations of the position. The Pathfinder will be paid a fee of $1,000, of which $500 will be paid after the trip report(s) are filed and accepted by Firestone and $500 will be paid after the last of the 15 blog posts have been written and accepted by Firestone. The Pathfinder's expenses will be paid on the trip to Peru, including international and domestic coach class airfare, lodging, camping equipment, trail passes, and most meals. Not included are several meals when the group is not together and personal expenditures. The Pathfinder will also receive recipes and wine from Firestone to be used in pairing dishes with Firestone Discoveries wines. The selected Pathfinder will be required to sign and return to Firestone an Independent Contractor Agreement, complete and pass a background check, and fulfill any other requirements as determined by Firestone.
10. General Conditions. If for any reason, the Program is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone lines or any other causes which, in the sole discretion of Firestone, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of the Program, Firestone reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program. Firestone reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Program, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Program may be in violation of criminal and civil law, and, should such an attempt be made, Firestone reserves the right to seek damages from any such person to the fullest extent permitted by law. Firestone's failure to enforce any term of these Legal Terms shall not constitute a waiver of that provision.
11. Release and Limitations of Liability. Except where prohibited, by participating in the Program, applicant agrees to release and hold harmless Firestone and its affiliates, and their respective officers, directors, employees, and agents (the "Released Parties") from and against any clam or cause of action arising out of participation in the Program, including, without limitation, (a) unauthorized human intervention in the Program, (b) technical errors related to computers, servers, providers, or telephone or network lines, (c) printing errors, (d) errors in administration of the Program, (e) late, lost, or undeliverable mail and email, (f) defamation which may be caused, directory or indirectly, in whole or part, from the submission, or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from applicant's participation in the Program.
12. Disputes. Applicant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court located in Santa Barbara, California or appropriate California State Court located in Santa Barbara, California, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred of entering and participating in the Program in an amount not to exceed $100.00 and in no event shall the Released Parties be liable for attorneys' fees, and (c) under no circumstances will applicant be permitted to obtain awards for and applicant hereby waivers all rights to claim punitive, consequential, and/or indirect damages and any other damages, other than as permitted in sub-section (b) above, and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Legal Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules.






