THE FOLLOWING SWEEPSTAKES 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 18 OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.
THE KEYSTONE® SCRATCH GAME: $70,000 IN PRIZES AND ALL YOU HAVE TO DO IS PLAY (the “Scratch Game”)
OFFICIAL RULES
1. ELIGIBILITY. This Scratch Game is open only to legal residents residing in the fifty United States and the District of Columbia who are age 18 or older in their state of residence and who had Internet access at the time of entry (“Entrant”). 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 Scratch Game and anyone connected with the production or distribution of this Scratch Game are not eligible to enter or be awarded a prize. Winner must read these Rules in their entirety. By participating, Entrant agrees to these Official Rules and the decisions of The Vail Corporation, which are final and binding in all matters related to this Scratch Game.
2. HOW TO PLAY. The Scratch Game begins at 12:01 a.m. Mountain Time (“MT”) on November 6, 2009, and ends at 11:59 p.m. MT on December 20, 2009 (the “Entry Period”). There are two ways to play the Scratch Game:
(a) NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS DRAWING. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. To receive a copy of the complete Official Rules and one free scratch card without purchase, send a self addressed, stamped envelope postmarked no later than December 10, 2009 and received by December 15, 2009, to: “The Keystone® Scratch Game” Keystone Scratch Card/Official Rules Request, Keystone Resort PO BOX 38 K59 Keystone, Colorado 80435. Limit one free scratch card per request per stamped outer envelope. No mechanically reproduced or photocopied requests accepted. Sponsor assumes no liability for lost, late, stolen, illegible, misdirected, mutilated, incomplete or postage-due mail. Mail order entries are limited to (10) per eligible Entrant.
(b) PLAY WITH PURCHASE. Ski, ride, stay & dine at Keystone® Resort from November 6, 2009 through December 20, 2009 for a chance to win unlimited use of a River Run two-bedroom condo and other instant prizes like hotel stays, lifts tickets, K2 skis, Ski & Ride School lessons, Tubing, Epic Burgers and more. With every purchase of a lift ticket, night of lodging, Ski & Ride School lesson and $25 or more at an on-mountain restaurant, you’ll get an exclusive “Keystone® Scratch Card”.
3. INSTANT WIN PRIZES AND GRAND PRIZE ENTRY - All Entrants. Scratch Game availability is on a first come first serve basis. Total number of entries is limited to ten (10) per Entrant. Entrants may win instantly by scratching off the indicated area on the Keystone® Scratch Card to see if its reveals a winning prize message or offer indicating that you have won one of the following prizes or discount offers (subject to verification in accordance with these Official Rules). Prize message on actual Keystone® Scratch Card may be abbreviated. All eligible Entrants for the Grand Prize drawing who respond by 12:00 Midnight MST, December 20, 2009 may enter by using a valid Keystone® Scratch Card serial number located on the Ticket and registering the serial number on the website www.keystonescratchgame.com. Upon registering the serial number, Entrants will be entered into a drawing to win the Grand Prize (“Drawing”). Any attempt by any person to obtain more than one entry per valid Keystone® Scratch Card for the Grand 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 Scratch Game.
4. REDEMPTION. Prizes may be redeemed at the designated retail locations indicated on the Keystone® Scratch Card, within Keystone® Resorts participating facilities. Some reservations may apply. Prizes must be redeemed by January 31, 2010 (not valid for use December 26, 2009 through January 2, 2010). Prizes cannot be used for refunds on products already purchased. All non-food promotional prizes may be redeemed at the Mountain Service Center in River Run, Keystone® Resort. 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 or win 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.
5. EVENT SPONSOR. This Scratch Game is sponsored by Vail Summit Resorts, Inc. d/b/a Keystone Resort, located at 0140 Ida Belle Drive, Keystone, Colorado 80435 (“Sponsor”).
6. PRIZES; APPROXIMATE RETAIL VALUE
GRAND PRIZE*
Unlimited use of a two-bedroom/two-bath condo in The Springs, River Run at Keystone January 1 through April 11, 2009 and two Summit Passes valid for the remainder of the 2009/2010 winter season. The condo is non-transferable, cannot be re-sold or rented and can only be occupied by prize winner and/or immediate family members. Requires 72 hour advance notification of use. Estimated retail value $36,500 at $350 per night multiplied by 103 total nights, $800 for two Summit Passes. One prize available.
*Awarded through the random drawing of an eligible Entrant.
SECONDARY PRIZES*
5 Pairs of K2 skis ($850.00/ea)
50 Hotel Stays ($140.00/ea)
50 Ski & Ride School Adult Group Lessons ($110.00/ea)
50 Tubing Sessions ($27.00/ea)
200 Lift Tickets ($92.00/ea)
100 Appetizers at Summit Seafood Grille ($10.00/ea)
100 Appetizers at Bighorn Steakhouse ($10.00/ea)
100 Appetizers at Parrot Eyes ($10.00/ea)
300 Epic Burgers ($10.00/ea)
500 Starbucks Coffees, River Run Location Only ($2.50/ea)
645 Swag Items ($0.93/ea)
350 22 oz Fountain Drinks ($3.25/ea)
125 Aquafina Water ($3.00/ea)
125 Life Water ($4.50/ea)
100 Tunes from SSV ($40.00/ea)
*Secondary prizes must be redeemed by January 31, 2010 (not valid for use December 26, 2009 through January 2, 2010). Prizes cannot be used for refunds on products already purchased. All non-food promotional prizes can be redeemed at the Mountain Service Center in River Run. 2,960 total prizes available. Over $70,000 in Grand Total prizes awarded.
**60,000 Keystone® Scratch Cards available
7. ODDS. Odds of winning the Grand Prize are dependant upon the number of valid entries received. Odds of winning Secondary Prizes are 21:1.
8. GRAND PRIZE DRAWING. There will be one (1) winner of the Drawing for the Grand Prize and two thousand nine hundred fifty nine (2,959) winners for the Secondary Prizes. Winner of the Drawing will not be eligible for subsequent drawings. A winner will be selected in a random drawing under the supervision of Sponsor from all eligible entries received. Sponsor shall have sole and final decision over all matters related to the Drawing. 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.
9. NOTIFICATION OF GRAND PRIZE WINNER. The Grand Prize winner shall be notified in person, by telephone, or by e-mail during the week of December 21, 2009. Winner 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.
10. GENERAL CONDITIONS. Winners 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. 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: (a) to be tampering with the entry process or the operation of the Scratch Game or web site; to be acting in violation of the Official Rules; (b) to be acting in violation of the terms of the web site; or (c) 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 Scratch Game 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 Scratch Game in any jurisdiction, Sponsor reserves the right to (i) terminate the Scratch Game in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Scratch Game any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Scratch Game 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. No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value. All scratch cards submitted for redemption become the property of Sponsor and will not be returned. All potential winning scratch cards are subject to verification at the sole discretion of Sponsor. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
11. RELEASE OF LIABILITY. In consideration for entering the Scratch Game, each entrant agrees to ASSUME ALL RISKS associated with acceptance, possession, use or misuse of the prize, participation in any Drawing or Scratch Game related activity, or participation in the Scratch Game 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 Drawing related activity, or participation in the Scratch Game and/or entrant's engagement in the activities hereunder, including those injuries and damages caused by a party's alleged or actual: a) negligence; or b) breach of any express or implied warranty.
12. 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 Scratch Game 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 the Drawing or downloading or copying materials from or use of the web site. If, for any reason, the Drawing is not capable of running as anticipated, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Drawing 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 Drawing.
13. ARBITRATION/CHOICE OF LAW. Except where prohibited, entrants agree that (a): any and all disputes, claims, and causes of action arising out of or connected with this Scratch Game, 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 (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Drawing 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. In consideration of entering the Scratch Game, 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 Scratch Game, 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.
14. PRIVACY. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor collects personal information from you when you enter the Drawing. The information collected is subject to Sponsor's Online Privacy Policy found by clicking on the “Privacy Policy” link on www.vailresorts.com.
15. WINNERS LIST. For name of winner(s) send a self-addressed stamped envelope to Sponsor “The Keystone® Scratch Game” Winners List Request, Keystone Resort PO BOX 38 K59 Keystone, Colorado 80435.