 |
Enchanted Mountains Holiday Valley Package Contest
OFFICIAL CONTEST RULES
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT
INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND
REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. The Enchanted Mountains
Holiday Valley Package Contest (the "Contest") is open to U.S.
residents (excluding Puerto Rico), 18 years or older at the time of entry who
are residents of Erie, Genesee, Niagara, Orleans, Wyoming, Chautauqua,
Cattaraugus, or Allegany counties. Employees of Cattaraugus County Tourism,
and their respective affiliated companies, subsidiaries, advertising or
promotional agencies, and other agents, and the immediate family members of,
and any persons domiciled with such employees, are not eligible. The Contest is sponsored solely by Cattaraugus County Tourism
("Sponsor").
3. Entry. The Contest begins at 12:01 a.m.
(E.D.T.) on November 1, 2009 and all entries must be received by 11:59 p.m.
(E.D.T.) on November 30, 2009 (the "Contest Period").
Internet Entry: Enter by visiting the Holiday Valley
Package Contest official registration page on WGRZ-TV's website, www.wgrz.com and completing all of the required
information and following all instructions. (WGRZ-TV provides Internet
hosting service to Sponsor for the Contest but does not sponsor or conduct the
Contest). Submit your entry by clicking on the "SEND" button.
Your computer must accept cookies, or any successor or similar
technology, which may be used for the purpose of entry tracking. By
entering, you agree to the terms of these Official Rules and to receive e-mails
from Sponsor or those directed by Sponsor. You can opt-out of the receipt
of such e-mails by following the directions on the Contest website or in any
e-mail received from Sponsor.
One (1) entry per e-mail address. Multiple entries by means of software
generated or other automated processes will be disregarded.
Sponsor will not be responsible for incomplete, lost, late,
misdirected or illegible entries or for failure to receive entries due to
transmission failures or technical failures of any kind, including, without
limitation, malfunctioning of any telephone connection, network, hardware or
software, whether originating with sender or Sponsor. In the event of a
dispute, all online entries will be deemed to have been submitted by the owner
of the e-mail account from which they were sent. For these purposes, an
e-mail 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 e-mail addresses for the domain
associated with such e-mail account. All entries become the property of
Sponsor and none will be returned. Any questions regarding the number of
entries submitted or the owner of an e-mail account shall be determined by
Sponsor in its sole discretion, and Sponsor reserves the right to disqualify
any entries by persons determined to be tampering with or abusing any aspect of
the Contest.
4. Prizes and Odds. Prizes will be furnished
and awarded solely by Sponsor. One (1) Grand Prize Winner will be selected by
Sponsor in a random drawing from among all eligible entries to be held on
December 1, 2009. Grand Prize: One (1) Grand Prize Winner will receive from
Cattaraugus County Tourism one (1) overnight accommodations in Ellicottville,
NY, two (2) adult Holiday Valley lift tickets and up to two (2) children under
17 lift tickets in Ellicottville, NY, and a continental breakfast. Lift tickets
are valid from 3pm on the arrival day through 4:30 their departure day. Total
value of Grand Prize is $281.00. Odds of winning depend on the number of
eligible entries received.
5. Winner Notification and Acceptance. Winner will
be notified by telephone by Sponsor at the telephone number provided on
winner's entry form on December 1, 2009. Sponsor will call during regular
business hours and will leave no messages. Failure to reach winner in
person by phone may result in disqualification of the winner, forfeiture of
his/her interest in all prizes, and selection of a substitute winner from among
all remaining eligible entries.
To claim the prize, winner will receive the vacation package tickets in the
mail from the Cattaraugus County Tourism Office at 1-800-331-0543.
Winners may waive their right to receive prizes. Prizes are nonassignable
and nontransferable. No substitutions allowed, except that prizes and
individual components of prize packages are subject to availability and Sponsor
reserves the right to substitute prizes of equal or greater value.
Winners are solely responsible for reporting and payment of any taxes on prizes
and may be required to complete a Form W-9. Winners will be required to
complete an affidavit of eligibility, and a liability and publicity release
(except where prohibited by law) which must be returned within ten (10) days of
date of postmark. Failure to sign and return the affidavit or release
within ten (10) days, or to comply with any term or condition of these Official
Rules, may result in a winner's disqualification, the forfeiture of his or her
interest in the prize, and the award of the prize to an alternate winner.
Except where prohibited, participation in the Contest constitutes entrant's
consent to the publication of his or her name, biographical information and
likeness in any media for any commercial or promotional purpose, without
limitation or further compensation. Prizes not won and claimed by
eligible winners in accordance with these Official Rules will not be awarded
and will remain the property of Sponsor. For prize winners list
(available after October 2, 2009), contact the Cattaraugus County Tourism
Office at 1-800-331-0543.
6. Participation. By participating, entrants agree
to be bound by these Official Rules and the decisions of the judges.
Sponsor reserves the right to disqualify persons found tampering with or
otherwise abusing any aspect of this Contest as solely determined by
Sponsor. In the event the Contest is compromised by a virus,
non-authorized human intervention, tampering or other causes beyond the
reasonable control of Sponsor which corrupts or impairs the administration,
security, fairness or proper operation of the Contest, Sponsor reserves the
right in its sole discretion to suspend, modify or terminate the Contest.
Should the Contest be terminated prior to the stated expiration date, Sponsor
reserves the right to award prizes based on the entries received before the
termination date.
7. Limitations of Liability. By entering the
Contest, entrant agrees that (1) any and all disputes, claims, and causes of
action arising out of or in connection with the Contest, or any prizes awarded,
shall be resolved individually without resort to any form of class action, and
entrant waives his or her right to a jury trial for such disputes, claims, and
causes of action; (2) any 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 any entrant be permitted to obtain any award for, and entrant hereby
waives all rights to claim punitive, incidental or consequential damages and
any and all rights to have damages multiplied or otherwise increased and any
other damages, other than damages for actual out-of-pocket expenses.
8. Construction. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of any contestant and Sponsor, shall be
governed by, and construed in accordance with the laws of the State of New
York, without giving effect to any choice of law or conflict of law rules or
provisions (whether of New York or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than New York. The
invalidity or unenforceability of any provision of these rules shall not affect
the validity or enforceability of any other provision. If any such provision is
determined to be invalid or otherwise unenforceable, these rules shall be
construed in accordance with their terms as if the valid or enforceable
provision was not contained therein.
9. General Release. By entering the Contest,
contestants release Sponsor, WGRZ-TV, and Gannett Co., Inc., any other promotional
sponsors, and each of their respective parent, subsidiaries and affiliates and
their respective and affiliated companies, directors, officers, employees,
representatives, partners and agents from any liability whatsoever for any
claims, costs, injuries, losses or damages of any kind arising out of or in
connection with the Contest or with the acceptance, possession or use of any
prize (including, without limitation, claims, costs, injuries, losses or
damages related to personal injuries, death, damage to, loss or destruction of
property, rights of publicity or privacy, defamation or portrayal in a false
light).
10. Sponsor. The Enchanted
Mountains Holiday Valley Package Contest is sponsored by Cattaraugus County
Tourism, whose decisions regarding the selection of winners and all other
aspects of the Contest shall be final and binding in all respects. WGRZ
and Gannett are not Sponsors and do not endorse this contest. Sponsor will not
be responsible for typographical, printing or other inadvertent errors in these
Official Rules or in other materials relating to the Contest. If you have
any questions regarding this Contest, please contact the Cattaraugus County
Tourism Office at 1-800-331-0543.
|