EPICMIX PHOTO AWARD CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
1. ELIGIBILITY. The 2016-17 EpicMix Photo Award Contest (the “Contest”) is only open to legal U.S. residents of the fifty (50) United States and Washington D.C., 18 years or older, who were not or are not in the employment of The Vail Corporation or any of their respective affiliates, or subsidiaries (collectively, “Vail Resorts”), advertising, promotion and other coordinating agencies involved in this promotion or the household members or immediate family members (spouses, parents, step-parents, children, step-children, siblings) of any of the above. Void outside the fifty United States and where prohibited by law.
2. TIMING. The Sweepstakes begins at 12:01 a.m. Pacific Time (“PT”) on 4/14/2017, and ends at 11:59 p.m. PT on 5/12/2017 (the “Entry Period”).
3. HOW TO ENTER. There is one way to enter the Contest:
a. TO ENTER ON INSTAGRAM OR FACEBOOK: Upload your picture using the hashtag, #EMPhotoAwards. All media entries must be received by Sponsor during the Entry Period.
b. FOR ALL ENTRIES: All entries become the exclusive property of Sponsor and none will be acknowledged or returned. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects. No responsibility is assumed for lost, late, incomplete, stolen, misdirected posts or illegible entries; 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. Any attempt by any person to obtain more than one entry by using multiple/different names, e-mail accounts, addresses or any other methods shall void all of that person's entries and that person shall be disqualified.
4. EVENT SPONSOR. This Contest is sponsored by The Vail Corporation (“Sponsor”) located at 390 Interlocken Crescent, Suite 1000, Broomfield, Colorado 80021. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram. The information you provide will only be used for administration of the Contest.
5. PRIZE; APPROXIMATE RETAIL VALUE
FIVE GRAND PRIZES: One (1) 2017-18 Epic Pass
Grand Prize consists of:
• one 2018-19 Season EpicPass for each of five Grand Prize winners
Approximate Retail Value for each Grand Prize: $859.00
Prize must be redeemed between 5/12/17 and 11/1/17 or winner forfeits all rights to prize.
Blackout dates and other restrictions apply. See below for detailed restrictions.
5. PRIZE; APPROXIMATE RETAIL VALUE
FIVE GRAND PRIZES: One (1) 2017-18 Epic Pass
Grand Prize consists of:
• one 2018-19 Season EpicPass for each of five Grand Prize winners
Approximate Retail Value for each Grand Prize: $859.00
Prize must be redeemed between 5/12/17 and 11/1/17 or winner forfeits all rights to prize.
Blackout dates and other restrictions apply. See below for detailed restrictions.
6. RESTRICTIONS DO APPLY. EpicPass is valid for the 2017-2018 ski season only and may not be resold under any circumstances. If any Winner is unable to redeem the prize by 11/1/18 , the Grand Prize
for that Winner will be forfeited. Winner agrees to abide by all Vail Resorts rules, regulations and policies governing use of season passes. As a condition to acceptance of any ski pass product, winner may be required to execute a Release of Liability, Hold-Harmless and Indemnity Agreement provided by Vail Resorts. Winner is responsible for all applicable federal, state and local taxes on prizes.
7. SELECTION; ODDS OF WINNING. Five winners of all eligible entrants will be selected on or about May 12, 2017. Five photos will be selected as the winning entries. Odds of winning the Grand Prize in the Contest are dependent upon the quality of eligible entries received. The Contest winner shall be selected by Vail Resorts based on quality and creativity as determined by Vail Resorts. Vail Resorts 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, Vail Resorts reserves the right to substitute a prize of equal or greater value should the prize stated become unavailable for any reason.
8. NOTIFICATION OF WINNER. The winner shall be notified by submission social channel within 7 days of selection. Winners may be required to sign a Prize Acceptance Affidavit prior to receiving the prize. Refusal to sign a Prize Acceptance Affidavit may render the winner ineligible for receipt of the prize.
9. GENERAL CONDITIONS. Winner of Grand Prize may be required to complete, execute and return a Prize Acceptance Affidavit, a Release of Liability, Hold-Harmless and Indemnity Agreement, and where lawful, a Publicity Release within 30 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.
10. PUBLICITY. By accepting the prize, where permitted by law, winner grants to Vail Resorts and those acting pursuant to a grant of authority by Vail Resorts the 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. Vail Resorts 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 sweepstakes 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.
11. RELEASE; ASSUMPTION OF RISK. In consideration for entering the Contest, each entrant agrees to ASSUME ALL RISKS associated with acceptance, possession, use or misuse of the prize, participation in any Contest 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, partners 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.
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 binding arbitration, 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 Vail Resorts 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. WINNERS LIST. For name of winner send a self-addressed stamped envelope for receipt to Epic Mix Photo Awards c/o The Vail Corporation, 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021.