Rules and Regulations
THE FOLLOWING CONTEST IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. YOU MUST BE THE AGE OF MAJORITY, OR IF UNDER 18 (GUARDIAN WILL BE REQUIRED TO GIVE WRITTEN PARENTAL CONSENT AND EXECUTE ALL NECESSARY DOCUMENTS AND TO ACCEPT PRIZE ON WINNERS BEHALF, IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER. CHILDREN AGE 13 AND UNDER MAY NOT ENTER CONTEST. VOID WHERE PROHIBITED BY LAW.
“A DAY IN THE LIFE” Contest (the “Contest”)
OFFICIAL RULES
1. NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS DRAWING. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
2. ELIGIBILITY. This Contest is open only to legal residents residing in the fifty United States and the District of Columbia who are at least the age of majority in their state of residence and who had Internet access at the time of entry. Void in Puerto Rico and other U.S. states or territories or where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live) or members of household of The Vail Corporation, their respective parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies involved in the conduct of this Contest and anyone connected with the production or distribution of this Contest are not eligible to enter or be awarded a prize. Entrant must read these Rules in their entirety. By participating, entrant agrees to these Official Rules and the decisions of Vail Resorts, which are final and binding in all matters related to this Drawing.
3. HOW TO ENTER. All those who enter a valid email address and true testimonial on Keystone’s A51 Terrain Park site and respond by 12 o’clock midnight on December 18th, 2009 using the requested/specified message line will be entered to win the Grand Prize’’ of a trip for (2) to Keystone to meet and spend the day with the specified Freeride Team athlete Mike Clarke or Andreas Wiig as requested in their testimonial. To enter the Contest for the Grand Prize, Respondents must “write a testimonial on why they should win the Grand Prize of spending a day with Mike Clarke or Andreas Wiig and enter their email address with contact information. All Respondents must include their full name, email and contact phone number. Entrants will be entered to win the Grand Prize, “a day in the life” with Mike Clarke or “a day in the life” with Andreas Wiig, but winners will be disqualified from subsequent Contests. Any attempt by any person to obtain more than one entry for either prize by using multiple/different names, e-mail accounts, addresses or any other methods will void all of that person’s entries and that person will be disqualified from the Contest. Limit one entry per person. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, postage due or illegible mail, entries or e-mail; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net or phone accessibility or availability, traffic congestion, any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. All those who enter grant to Sponsor and those acting pursuant to a grant of authority by Sponsor, a royalty free, unfettered right of publicity, including but not limited to the right to use the submitted testimonial, picture, voice and likeness for advertising, trade and promotional purposes without additional consideration, worldwide and on the world wide web, without notification, review or approval.
4. EVENT SPONSOR. This Contest is sponsored by Vail Resorts Management Company d/b/a Keystone Resort located at 0140 Ida Belle Drive Keystone, Colorado 80435 (“Sponsor”).
5. PRIZE; APPROXIMATE RETAIL VALUE
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GRAND PRIZE – TWO WINNERS. |
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GRAND PRIZE: ONE WINNER for Skier MIKE CLARKE
Trip includes 2 round trip flights (continental us flights only from major hub)Transfers provided by Colorado Mountain Express for 2 people
3 nights lodging
3 days of lift tickets for 2 people.
3 days of rentals for 2 people. Skis or Snowboard.
One full day of riding with MIKE CLARKE, including lunch.
’Approximate Retail Value $2,655.00. 1 Prize Available.
GRAND PRIZE: ONE WINNER for Snowboarder ANDREAS WIIG Trip includes 2 round trip flights (continental us flights only from major hub)
Transfers provided by Colorado Mountain Express for 2 people
3 nights lodging
3 days of lift tickets for 2 people.
3 days of rentals for 2 people. Skis or Snowboard.
One full day of riding with ANDREAS WIIG, including lunch. ’Approximate Retail Value $2,655.00. 1 Prize Available. |
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*Awarded through best testimonial submission of eligible entrants. |
6. ODDS. Odds of winning the Grand Prize in the Drawing are dependant upon the number of valid entries received.
7. WINNER SELECTION. There will be two (2) winners of the Contest for the Grand Prize. Winners of the Contest will not be eligible for subsequent Contest. The winners will be selected from the best testimonial submitted on why they should win the “day in the life” Contest with the specific Keystone Freeride Team Member, under the supervision of Sponsor from all eligible entries received. A judge or panel of judges from Sponsor will choose the winning submissions based on creativity and originality and that winners are chosen at Sponsor’s sole discretion. Sponsor shall have sole and final decision over all matters related to the Contest. No cash or credit redemption, assignment, transfer or substitution of any prize or portion thereof is permitted; however, Sponsor reserves the right to substitute a prize of equal or greater value should the prize stated become unavailable for any reason. If the actual retail value of a prize is determined to be lower than the Approximate Retail Value, no cash or credit will be granted.
8. NOTIFICATION OF WINNERS. Each Contest winner shall be notified in person, by telephone, or by e-mail during the week of December 31, 2009. Winners may be required to sign a Prize Acceptance Affidavit and Release of Liability prior to receiving the prize. Refusal to sign a Prize Acceptance Affidavit may render the winner ineligible for receipt of the prize. Winners are responsible for any required taxes associated with the Contest win.
9. GENERAL CONDITIONS. Winner of Grand Prize must complete, execute and return a Prize Acceptance Affidavit, a Release of Liability, Hold-Harmless and Indemnity Agreement, and where lawful, a Publicity Release within 10 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, disqualification will result and an alternate winner will be selected. Winner of the Grand Prize must be able to travel prior to Feb 12, 2010 due to athletes scheduling and availability. If winner is under the age of majority in their state, they must be accompanied by a parent or legal guardian. By accepting the prize, where permitted by law, winner grants to Sponsor and those acting pursuant to a grant of authority by Sponsor the royalty free, unfettered right of publicity, including but not limited to the right to use and publish winner’s name, portrait, picture, voice and likeness for advertising, trade and promotional purposes without additional consideration, worldwide and on the world wide web, without notification, review or approval. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds: (1) to be tampering with the entry process or the operation of the Contest or web site; to be acting in violation of the Official Rules; (2) to be acting in violation of the terms of the web site, or (3) to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. All federal, state and local laws and regulations apply. If any provision of the Contest shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Contest in any jurisdiction, Sponsor reserves the right to (i) terminate the Contest in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Contest any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Contest entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winner’s responsibility and an IRS form #1099 may be issued to the Grand Prize winner.
10. RELEASE OF LIABILITY. In consideration for entering the Drawing, each entrant agrees to ASSUME ALL RISKS associated with acceptance, possession, use or misuse of the prize, participation in any Drawing related activity, or participation in the Contest and agrees to hold harmless, release, defend and indemnify Vail Resorts, Inc., The Vail Corporation, its subsidiaries and affiliates, including but not limited to the subsidiaries that operate the Vail, Beaver Creek, Keystone and Breckenridge resorts, the United States Forest Service, and their respective agents, employees, representatives, assignees, directors, officers and shareholders (each hereinafter a “Released Party”) from all liabilities, litigation and/or claims for injury or death to persons or damage to property arising from acceptance, possession, use or misuse of the prize, participation in any Contest related activity, or participation in the Contest and/or entrant’s engagement in the activities hereunder, including those injuries and damages caused by a party’s alleged or actual: 1) negligence or 2) breach of any express or implied warranty.
11. LIMITATION OF LIABILITY. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of the web site. If, for any reason, the Contest is not capable of running as anticipated, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winner from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor; reasons shall include, by way of non-limiting example, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest.
12. ARBITRATION/CHOICE OF LAW. Except where prohibited, entrants agree that (1): any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the J.A.M.S. Rules of Arbitration, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In consideration of entering the Contest, ALL ENTRANTS CONTRACTUALLY AGREE that ANY AND ALL CLAIMS for damages, injury and/or death regarding an alleged incident, including but not limited to all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be in the District Court for the State of Colorado or in Federal Court for the State of Colorado.
13. PRIVACY. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor collects personal information from you when you enter the Contest. The information collected is subject to Sponsor’s Online Privacy Policy found by clicking on the “Privacy Policy” link on www.vailresorts.com.
14. WINNERS LIST. For name of winner(s) send a self-addressed stamped envelope to Sponsor “A DAY IN THE LIFE” KEYSTONE A51 CONTEST, Keystone Resort PO BOX 38 K59 Keystone, Colorado 80435.