SWEEPSTAKE OFFICIAL RULES
Epic Mountain Gear Wants You to Win a $2,000 Gift Card to spend in store
SWEEPSTAKES OFFICIAL RULES:
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND/OR SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. Offered in the state of Colorado only; void elsewhere, and where prohibited or restricted by law. These Official Rules are available at: www.epicmountaingear.com/pages/official-rules
ELIGIBILITY: Epic Mountain Gear Wants You to Win a Gift Card Sweepstakes (“Promotion”) is sponsored by The Vail Corporation (“Vail” or “Sponsor”). Offered in the state of Colorado to individuals who are legal U.S. residents, 18 years of age or older (“Participants”). Employees, officers, and directors of Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.
PROMOTION PERIOD: Promotion begins on or about 12:00 am MT on or about Dec 1, 2022 and ends at 11:59 pm MT on January 6, 2023 (“Promotion Period”). All time referenced herein is Mountain Time. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official time keeping device for the Promotion.
TO ENTER: Eligible Participants may enter during the Promotion Period by clicking through to the Promotion entry form www.epicmountaingear.com/pages/official-rules completing the required information including agreeing to these Rules, and submitting their entry (“Entry”). Limit one (1) Entry per person during the Promotion Period, regardless of Entry method used. Any Entry that does not include all content required may be disqualified.
Without limiting the foregoing, any Entry may be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brands, products or services. Furthermore, if applicable, if an Entry, for any reason whatsoever, garners or contains comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/Participant and remove any such Entry. In the event of a dispute as to the identity of an online Participant, the authorized named Social Media account holder or authorized email address used in connection with the Entry will be deemed to be the Participant, provided eligible.
Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Participants entering with a mobile device: Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
RANDOM DRAWING/ODDS: One (1) potential winning Entry will be selected in a random drawing conducted by Sponsor (or its authorized representative), on or about ten (10) working days after the end of the Promotion Period from among all eligible Entries received. Odds of winning depend on the number of eligible Entries received during the Promotion Period. Potential winner will be notified by email and will be asked to respond within a time specified and given instructions to complete the Declaration. Sponsor reserves the right to verify the identity and information of potential winner prior to prize award, and to decline to award the prize to a winner if awarding the prize to the potential winner would bring Sponsor into public disrepute, scandal or embarrassment (as determined by Sponsor in its sole discretion). If potential winner cannot be reached within two (2) separate attempts using the contact information (in Sponsor’s discretion) provided, declines or refuses the prize for any reason, fails to follow the instructions or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion, as provided herein. Promotion Entities shall have no liability for any winner notification that is intercepted, not received, not delivered, misdirected due to privacy or spam settings, not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever, and the prize will be forfeited. After two (2) unsuccessful attempts to award the prize to an alternate winner, the prize will remain unawarded; there will not be a second-chance drawing.
Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Potential winner will be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else prize will be forfeited. Prize award is subject to verification of eligibility and compliance with these Rules.
PRIZE/Approximate Retail Value (“ARV”): the following prize is available to be awarded, assuming sufficient eligible Entries are received, and subject to verification and compliance:
Grand Prize (1): A bicycle (up to a total max. amount of $2,000), and bike clothing for winner (up to $250). Prize awarded as a promotional voucher for use in accordance with the term herein, at a participating EMG Location (defined below). Total ARV of prize: $2,250.
IMPORTANT NOTICE: PRIZE MUST BE REDEEMED IN-STORE BY CONFIRMED WINNER ON OR WITHIN SIX (6) MONTHS OF PRIZE AWARD AT ONE OF THE FOLLOWING EPIC MOUNTAIN GEAR LOCATIONS ONLY: DENVER; COLORADO SPRINGS; OR FRISCO (participating “EMG Location”). Any taxes, overages or additional costs or expenses not covered by any promotional voucher will be at winner’s sole cost and expense. Any unredeemed, unclaimed or unawarded amount of voucher may be forfeited. Prize award is subject to verification and compliance. Prize must be accepted as a whole or will be forfeited in its entirety.
All prize claim arrangements must be made through Sponsor. Winner will be responsible for transportation of prize and any other incidental costs or expenses not specifically stated herein as being included. All elements of the prize are subject to availability. The restrictions/conditions stated herein are not all-inclusive and the prizes described above may be subject to additional restrictions/conditions, which may be stated in the Declaration (as defined herein). Failure to provide these release documents, if required, will cause prize to be forfeited. Sponsor will not replace and winner will not receive compensation for any voucher, gift card, or certificates that the winner is unable to use in whole or in part due to theft, misplacement, loss, damage, destruction (and such will not be replaced). All vouchers/gift cards provided are for promotional purposes only and are subject to the terms and conditions of issuer.
Limit one (1) prize during the entire Promotion. Any difference between ARV and actual value of prize will not be awarded. Winner agrees to pay applicable local, state, and federal taxes on the prize, if any, and to comply with any tax reporting obligations, which are solely the responsibility of winner. Winner is advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the number, description and denomination of prizes stated in these Official Rules is available to be won in the Promotion. In no event will Promotion Entities be responsible to award more than the stated number of prizes or different denominations of prizes herein. Prize is awarded assuming sufficient eligible entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize. Unless otherwise expressly permitted herein, any prize or any portion thereof cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any vouchers, gift cards and/or products received as a prize, is personal to the winner and may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website, or on Promotion materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
INDEMNIFICATION & RELEASE: BY PARTICIPATING, PARTICIPANTS AND WINNER AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND ANY APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITIES, ACCESS TO ANY PLATFORM OR WEBSITE, AND/OR ANY OTHER PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, Participants and winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be struck from these Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by the Social Media Platform or Website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or any other information. Promotion Entities are not responsible for injury or damage to Participants' or to any other person's computer and/or mobile device related to or resulting from downloading materials from or use of any Platform or website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or element thereof and may in its discretion select the winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.
GENERAL CONDITIONS: Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen Entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, Platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or website, network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winner or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, supply chain issues, product unavailability, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, Participants and winner grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor's authorized representatives the right to use his/her name, handle, information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including television and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Promotion, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
WINNER LIST: For the name of prize winner, mail a SASE to: EMG Bike Sweepstakes, Winner List Request, at the Sponsor’s address below, for receipt on or within five working days from the end date of the Promotion Period. Limit one (1) request per person/household address.
SPONSOR: The Vail Corporation, 390 Interlocken Crescent, Broomfield, Colorado 80021.