These are the Official Rules for the “I HEART Spring Skiing Contest” (the “Contest”) sponsored by Diamond Peak Ski Resort and the Hyatt Regency Lake Tahoe Resort, Spa and Casino (“Sponsors”).
By entering the Contest, entrants agree to comply with and be bound by these Official Rules.
1. How to Enter: During the Submission Period (defined below), entrants submitting photo or video content (the “Content”) on Instagram, Twitter or the Diamond Peak Facebook Page with a comment including the words “I love spring skiing because… ” and the hashtags #DiamondPeak and #HyattLakeTahoe will automatically be entered into the Contest.
A maximum of one (1) entry is allowed per entrant per day during the Submission Period. Purchasing will not increase your odds of winning and no purchase is necessary to enter. All entries become the exclusive property of the Sponsors, and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by the Sponsor.
2. Assignment of Content: By entering this Contest, each entrant assigns to Sponsors all right, title, and interest to the Content submitted, and Sponsors shall be the perpetual and exclusive owner of the Content. Sponsors may edit, display, publish, or otherwise use the Content without further compensation. Submission of Content further constitutes the consent of each entrant to irrevocably assign and transfer to Sponsors any and all right title, and interest in the Content, including, without limitation, all copyrights and rights of publicity. Each entrant hereby agrees that he/she will sign and return a liability/publicity release if requested by the Sponsors.
3. Winning Entry & Prizes: Following the Submission Period, judges from the Sponsors will select their five (5) favorite entries as Semi-Finalists from the pool of eligible entries based on which entries best capture the spirit of the Hyatt Regency Lake Tahoe and Diamond Peak Ski Resort as well as the Lake Tahoe environment. The five (5) Semi-Finalist entries selected by the judges will be posted to the Hyatt Lake Tahoe Instagram account (@hyattlaketahoe) where the public will be allowed to vote for a winning entry by “liking” their favorite entry. The entry with the most “likes” after a 3-day voting period will be deemed the Contest winner.
The entrant selected as the winner must comply with all terms and conditions of these Official Rules, as determined by Sponsors, and winning is contingent upon fulfilling all requirements. Only one (1) prize will be awarded. All decisions of Sponsor are final and binding with respect to this Contest.
The prize for the Contest winner is:
- Two (2) nights lodging at the Hyatt Regency Lake Tahoe for (2) guests for a ski/snowboard trip (valid November – April; must be used by April 30, 2017; holiday restrictions apply; subject to availability).
- Two (2) day passes to Stillwater Spa inside the Hyatt.
- Two (2) two-day Flex Pass lift tickets to Diamond Peak Ski Resort (valid during 2016-17 ski season only).
- Two (2) Diamond Peak 50th Anniversary swag packs.
No alternative prize, cash equivalent, or other substitution is permitted, except by Sponsors, who reserve the right to substitute a prize with another prize of greater or equal approximate value.
Estimated Retail Value: $850
4. Contest Schedule and Timing: The Contest begins on March 26, 2016 at 12:01:00 a.m. Pacific Standard Time (“PST”), and the first phase (“Submission Period”) ends on April 17, 2016 at 11:59:59 p.m. PST. After the Submission Period, judges from the Sponsors will select five Semi-Finalists which will be posted to the Hyatt Lake Tahoe Instagram account (@hyattlaketahoe) for an additional three-day “Voting Period” from April 19 – 21, 2016. The Voting Period will end on April 21, 2016 at 4:00:00 p.m. PST. Sponsor’s time clock is the official clock for this Contest.
5. Notification and Redemption of Prizes: Sponsors will notify the winner via a method (email, message/comment on social media platform) that Sponsors select, within 15 business days of the close of the Voting Period. A winner is subject to verification, including verification of age. If a potential winner cannot be contacted within 72 hours after the first attempt to contact him/her, or if he/she fails to satisfy all conditions to acceptance described below, or to qualify for any other reason under these Official Rules, Sponsors may select an alternate winner from among the final 5 Semi-Finalists selected by judges. A winning entrant is only a winner after notification by the Sponsors and compliance with the terms and conditions of these Official Rules, as determined by Sponsors.
6. Conditions to Acceptance of Prizes: Except where prohibited, potential winner must sign and return to Sponsors, within ten (10) business days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. By accepting a prize, each winner consents to the use of his or her name, likeness, voice, opinions, biographical information, hometown and state and/or other personal information in advertising without additional compensation and agrees to provide the Sponsors with anything reasonably required by the Sponsors to document such consent. The winner shall bear any and all costs associated with participating in the Contest or winning a prize. Any applicable taxes are the sole responsibility of the winner and the winner may receive an IRS form 1099 for the approximate retail value of the prize.
7. Eligibility and Restrictions: Participation constitutes full and unconditional agreement to, and acceptance of these Official Rules. There is no charge, fee, purchase, or other consideration required to enter or win the Contest.
An alternative method of entry is provided: Send a post card to Diamond Peak Ski Resort, Attn: I HEART Spring Skiing Contest, 1210 Ski Way, Incline Village, NV 89451. Please provide name, phone number and email address.
There is a limit of one entry per qualified entrant per day during the Contest. Qualified entrants are limited to legal residents of the United States who are eighteen (18) years of age or older on the date of entry. Employees of Sponsors, their parent and affiliates, members of such employees’ immediate families and individuals living in the same household with such employees, are not eligible to win the Contest. The Contest is void where the Contest, or the method of entry or any other aspect of the Contest, is prohibited or restricted by, or in violation of, law.
8. Publicity: Unless prohibited by law, participation in the Contest constitutes each entrant's consent for Sponsor to use each entrant's name and age and submitted Content for Contest or promotional purposes in any media now known or later developed, without payment or consideration to the entrant. Each entrant, as a condition of participation in the Contest, grants Sponsors the perpetual worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the Content (including all material embodied therein), if submitted, in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsors determine, in its sole and absolute discretion, without further notice or compensation to the entrant or any other third parties and with the understanding that upon submission to Sponsors, the Content, including all material embodied therein, will immediately become the sole and exclusive property of Sponsors.
9. Privacy: Sponsors will collect personal data from entrants when they enter this Contest, and this information will be used for the purposes of administering the Sweepstake, publicizing the Contest and other promotional purposes that benefit Sponsors.
10. Administration, Application and Interpretation: Whenever Sponsors have the option, right or responsibility under these Official Rules to take any action or make any decision, judgment or determination, Sponsors reserve the right to do so (or decide not to do so) in their sole and absolute discretion, for any reason or no reason, without being required to explain or consider the consequences of its actions or the advice, opinions, perspective or rights of anyone else. This is necessary for the efficient operation of the Contest. Sponsors reserve the right to apply and interpret these Official Rules and conduct and administer the Contest. Any decision by Sponsors regarding the Contest, including eligibility of entrants and determination of the winners, shall be final and binding.
11. Right to Cancel or Modify Contest: The Sponsors reserve the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsors. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, network overload (Internet/phone/cellular) or any other causes which Sponsors deem could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsors reserve the right to cancel, terminate, modify or suspend the Contest or these Official Rules, change the Promotion Period, and select a winner from entries received prior to the action taken or in such other manner as Sponsors may deem appropriate.
12. Release and Limitation of Liability: Neither the Sponsors, nor their parents or affiliates, nor their respective agents, officers, directors, employees, agencies, or attorneys, are responsible for, and each entrant release all such parties from any claim, cause of action or liability, including without limitation those relating to any personal injury, death, loss, expense or damages of any kind, under any theory of law or in equity, arising from, (a) entry or participation in the Contest or limitation on entrant’s ability to do so; (b) acceptance or use of any prizes awarded in the Contest; (c) incomplete, lost, late, damaged, illegible or misdirected e-mail and/or postal mail or other communication; (d) hardware or software failures of any kind; (e) lost or unavailable network connections; (f) publicity and/or privacy rights, defamation, and intellectual property associated with the entrant; or (g) failed, incomplete, garbled or delayed computer transmissions, whether any of the foregoing are caused by users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions
13. General Conditions: Sponsors reserves the right to disqualify any individual it believes or 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 any unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Disputes: Entrant agrees that: (i) 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 exclusively by any court of competent jurisdiction located in Washoe County, State of Nevada; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) 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 as expressly allowed herein, and further waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. In the event of a dispute, entries will be deemed to have been submitted by the owner of the e-mail account on the entry. For these purposes, an email account holder shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such e-mail account.
15. Miscellaneous: Each entry and the Content is subject to verification by Sponsor. Submission of Content and participation in the Contest constitutes permission for Sponsor and its designees to use the entrant’s name, Content, photograph, image, likeness, and/or statement in any manner and in any medium for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law.
Participation in the Contest constitutes agreement and acceptance of these Official Rules.
Entrants hereby waive any right to claim ambiguity in these Official Rules.
16. Winners List/Rules Request: For winner’s name (first initial, last name) or Official Rules, send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to: Diamond Peak Ski Resort, Attn: I HEART Spring Skiing Contest, 1210 Ski Way, Incline Village, NV 89451