USE OF ENTRY MATERIALS AND VIDEOS.
Without limiting the generality of Section 14 below or any applicable terms and conditions of the Application or any service utilized in connection with the Application, each entrant agrees that Sponsor and its successors, designees and assigns shall each have the perpetual, royalty-free, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s entry and video (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry or video (or any part thereof) or information or ideas contained within any entry or video, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right to use the entry materials and video on Sponsor’s and its designees’ websites and social media outlets, including, without limitation, on Sponsor’s Facebook page(s), whether or not such use is in connection with the Contest. The timing of any posting shall be as determined by Sponsor in its sole discretion, and there is no guarantee a video or complete video will be used. Sponsor does not have any obligation to maintain any of the entries or videos, or any information or ideas contained therein, as confidential or proprietary. SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR VIDEO FOR ANY REASON PRIOR TO USE.
A Finalist Prize consists of and is limited to one (1) Epic Pass for the 2015/2016 ski/ride season (pass as issued by Sponsor, and is subject to the terms, conditions, limitations and restrictions thereof, including, without limitation, requirements for completion and submission of associated applications and liability releases). ARV of a Finalist Prize is seven-hundred sixty-nine dollars ($769), and the aggregate ARV of all Finalist Prizes is forty-eight thousand, four-hundred seventy-seven dollars ($48,477). If a potential winner of a Finalist Prize is a minor in his/her state of jurisdiction, the potential winner’s parent or legal guardian must also complete and submit the associated applications and liability releases required for issuance of a pass to such minor winner.
A Grand Prize is a trip for two (2) people (the contest entrant and the winning contest entrant’s nominee) to Vail Mountain Resort during the weekend of March 28, 2015 ski/ride season, and consists of and is limited only to the following: (a) round-trip coach airfare for two (2) people between the major metropolitan airport nearest to prize winner’s primary residence in the continental United States (ihe event of any dispute, airport shall be as determined by Sponsor in its sole discretion) ("Originating Airport") and an airport in the Denver, Colorado or Eagle County, Colorado area ("Destination Airport") (Destination Airport, carrier, seating, and travel dates and times as determined by Sponsor in its sole discretion), (b) two (2) nights hotel stay for two (2) people at a hotel in the Vail, Colorado area (one (1) double occupancy standard room; hotel, dates and room as determined by Sponsor in its sole discretion), and (c) ground transportation for two (2) people between the Destination Airport and the hotel (method of transportation as determined by Sponsor in its sole discretion). The trip will take place on the weekend of March 28, 2015. The ARV of a Grand Prize is two-thousand, eight-hundred thirty-six dollars ($2,836), and the aggregate ARV of all Grand Prizes is eight-thousand, five-hundred eight dollars ($8,508). Actual ARV depends on location of Originating Airport and Destination Airport, and fares and rates at the time of booking; if actual ARV is less than the stated ARV in these Official Rules, the difference will not be awarded in cash or other consideration. Winner and guest(s) must travel on the same itinerary and on dates and at times specified by Sponsor. Prize must be booked through Sponsor or its designee, and must be booked no later than [March 10, 2015. All prize activities (including, without limitation, travel and lodging) must be taken and completed by March 29, 2015. All reservations are subject to availability and blackout dates. Neither frequent flier miles accrual nor upgrades are permitted with the airline tickets. All costs and expenses not specified herein, related to the prize or the use thereof, including but not limited to, lift tickets/passes, additional transportation costs, additional lodging, meals, taxes and assessments (including, without limitation, income taxes, departure taxes, and ticket taxes), gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner. Winner’s companion must, as of the date of travel, be a legal resident of the United States and eighteen (18) years of age or older; provided, that a companion under eighteen (18) years old may accompany the winner if also accompanied by such minor companion’s parent or legal guardian. If winner is a minor, the minor winner’s parent or legal guardian must be the winner’s companion. Winner’s companion must execute and deliver to Sponsor a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release in the form(s) provided by Sponsor by the date indicated for return on the document(s) prior to travel booking and travel documents being issued as a condition to booking or use of any component of the prize; which documents must also be executed by the accompanying parent or legal guardian for any minor companion on behalf of such parent or legal guardian and on behalf of the minor companion. Prize winner and his/her companion(s) are responsible for obtaining and providing proper travel and citizenship documentation in order to travel in connection with use of the prize, which may include driver’s licenses and other valid photo identifications. Those without proper travel and citizenship documentation will be denied boarding and use of the prize, in which case no consideration will be awarded.
Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes must be accepted as awarded. Prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a prize shall be forfeited and have no redeemable cash value. A winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on a prize. If applicable, a winner will be issued an IRS Form 1099 for the actual retail value of the prizewinners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. If a winner is a minor in his/her jurisdiction of primary residence, prize may, at Sponsor’s option, be awarded to the minor’s parent or legal guardian who must assume all responsibilities of the prize winner. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) prize per person or address (physical or email) in this Contest.
Except where prohibited by law, participation in the Contest constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, attribution, review or consent.
Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award some or all prizes from among eligible, non-suspect entries in such manner as Sponsor determined by Sponsor in its sole discretion. Sponsor 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
By entering, each entrant (and each minor entrant’s parents and legal guardians) forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, Facebook, You Tube, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest (including, without limitation, any activities associated with creating the entry and video), and entrant’s award, receipt or use of any prize awarded in the Contest.
LIMITATIONS OF LIABILITY.
Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, including the Application and You Tube; (c) the unavailability or inaccessibility of any website or service, including the Application and You Tube; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s website(s), including the Application and You Tube, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites, the Application or You Tubeby a hypertext link.
Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in the City and County of Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
USER GENERATED CONTENT.
In the event that the Application does not contain "Terms and Conditions" (or similar terms) for the Application addressing User Generated Content (as defined below) submitted using the Application, the following terms and conditions shall apply to entries and use of the Application. In the event the Application contains terms and conditions for the Application addressing User Generated Content, such terms and conditions shall supersede the following to the extent addressed by the terms and conditions of the Application.
Certain sections of Sponsor’s websites and applications ("Sites", including, for such purposes, sites of Sponsor’s designees, such as the Application) allow you to submit or upload reviews, videos, photographs, or other content for viewing by the general public (collectively "User Generated Content").
You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on our Sites. Under no circumstances will we be liable in any way for any User Generated Content posted to our Sites. Such User Generated Content may be posted on or accessed through our Sites in our sole discretion.
Because we do not control the User Generated Content posted on our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Sites, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Sites, whether by us, individual users of the Sites, or our third party contractors or licensors.
You own User Generated Content you submit, but we may use it. If any User Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through a Site, you are granting us and our subsidiaries, affiliates, successors, assigns and designees, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through our Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through our Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We may disclose and/or remove User Generated Content. We reserve the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Sites, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Generated Content to Content owned or provided by us, and the user who made such User Generated Content available on the Sites will retain ownership thereof as described above.
Restrictions on User Generated Content. It is a condition of these Terms and Conditions that you do not:
• post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
• post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is fewer than eighteen years old but you are his/her parent or legal guardian;
• post or transmit any User Generated Content soliciting any personal or private information from any individual;
• post or transmit any User Generated Content which contains a virus or other harmful component; or
• post or transmit any User Generated Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old (or at least thirteen (13) years old and have the permission and consent of a parent or legal guardian) and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
These Official Rules are available at www.Vail.com/LV63 or by sending a self-addressed postage-stamped envelope to "Like No One on Earth Contest – Rules Request," c/o Vail Resorts Management Company, a Colorado corporation, 390 Interlocken Crescent, Broomfield, Colorado 80026. Vermont residents may omit return postage.
To request a list of the Contest winners, send a self-addressed postage-stamped envelope to "Like No One on Earth Contest – Winners’ List Request," c/o Vail Resorts Management Company, 390 Interlocken Crescent, Broomfield, Colorado 80026. Requests must be received by .
The sponsor of the Contest and the address at which the Sponsor may be contacted is The Vail Corporation d/b/a Vail Resorts Management Company, 390 Interlocken Crescent, Broomfield, Colorado 80026. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
NO PURCHASE NECESSARY. The "Lindsey Vonn: Like No One on Earth Contest" is subject in all respects to the complete Official Rules available at the Contest section of www.Vail.com/LV63 or by sending a S.A.S.E. to "Like No One on Earth Contest – Rules Request," c/o Vail Resorts Management Co., 390 Interlocken Crescent, Broomfield, CO 80026 (VT residents may omit return postage). Open only to entrants who, as of the entry date, are permanent legal residents of the 48 contiguous U.S.A. and D.C. (excluding AK and HI) who are at least 13 years old. Void outside the eligible contest territory, and where prohibited or restricted by law. LIMIT: One (1) entry per person or address (physical or email). Entry method, limits, restrictions and instructions, and judging, advancement and prize information, requirements and restrictions are set forth in the Official Rules. Sponsor: Vail Resorts Management Co., 390 Interlocken Crescent, Broomfield, CO 80026. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.