Deer Valley Resort Company, LLC
“Deer Valley Music Festival Sweepstakes”
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR: The “Deer Valley Music Festival Sweepstakes” (the “Sweepstakes”) is sponsored by Deer Valley Resort Company, LLC (the “Sponsor”) and the address at which Sponsor may be contacted is Deer Valley Resort Company, LLC, 2250 Deer Valley Drive South, Park City, UT 84060. None of Utah Symphony & Opera, Facebook, Instagram or Twitter are sponsors or administrators of the Sweepstakes, the Sweepstakes is in no way endorsed by any of them, and none of them shall have any responsibility or liability with respect to the Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open only to entrants who, as of the date of entry, are legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years old. The Sweepstakes is void where prohibited or restricted by law. Employees, officers, and directors of Sponsor, Utah Symphony & Opera, and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer or director, are not eligible to enter or participate. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the United States or District of Columbia at the time they enter.
3. AGREEMENT TO OFFICIAL RULES AND DECISIONS: By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects. Entrants and winner must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements. ENTRY PERIOD: The Entry Period shall begin on June 28, 2019 at 9:00 am Mountain Time (“MT”) and shall end on July 7, 2019 at 11:59 pm MT (the “Entry Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes.
4. HOW TO ENTER:
a. Entry. There is only one (1) way to enter the Sweepstakes: During the Entry Period, visit the Sweepstakes site located at http://blog.deervalley.com/sweepstakes-rules/ and complete the entry form and submit it in accordance with the instructions. Entries must be made during the Entry Period to be eligible.
b. All Entries. LIMIT: One (1) entry per person. Sponsor will not be responsible for incomplete, lost, late, misdirected or illegible registration or failure to receive entry. ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Any entry that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified. Proof of submission will not be deemed proof of receipt of entry by Sponsor. All entrants and entries are subject to verification prior to
the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. DRAWING; ODDS; NOTIFICATION:
a. Drawing; Odds. On or about July 8, 2019 at approximately 11:00 am MT a random drawing of one (1) winner from all eligible entries received by Sponsor during the Entry Period will be conducted under Sponsor’s supervision at Sponsor’s offices located in Park City, Utah by using the software designed for this purpose on Sponsor’s computer. Odds of winner the prize depend on the number of eligible entries received by Sponsor in the Sweepstakes during the Entry Period.
b. Notification. The potential winner will be notified by email on or about July 8, 2019. A potential winner will be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collectively, an “Affidavit/Release”) in the form(s) provided by Sponsor or its designee in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within the Affidavit/Release. If a potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with these Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule. Sponsor is not responsible for the failure of a potential winner to receive the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Sweepstakes or any prize without the express prior written permission of Sponsor.
6. PRIZE; PRIZE REDEMPTION: Subject to the terms and conditions of these Official Rules, one (1) prize will be awarded in this Sweepstakes. The prize consists of and is limited to a one (1) night stay for two (2) people in one (1) room at Deer Valley Resort (lodging property to be selected in Sponsor’s sole and absolute discretion) on July 13, 2019, two (2) tickets to E.T. the Extra-Terrestrial—Film in Concert with the Utah Symphony, two (2) deluxe picnic bags, and two (2) Scenic Chairlift Ride tickets (lift tickets subject to the terms, conditions and restrictions thereof) (the “Prize”). The approximate retail value of the Prize (“ARV”) is $450 USD. 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’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 the winner is the parent or legal guardian of such minor or separate arrangements have been made, at winner’s cost, to bring a parent or legal guardian. 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) 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.
Instructions on how to claim the Prize will be sent to winner by email. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded. To the fullest extent permitted by applicable law, Prize is awarded “AS IS” with no warranty, condition, 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 OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISKS OF USING THE PRIZE, INCLUDING PERSONAL INJURY OR DEATH. 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 comparable 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 the Prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize award, redemption, receipt and use not specified in the Prize description above, including, without limitation, all federal, state and local taxes on the Prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of the Prize. Winners 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. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of Prize, in which case, no consideration will be awarded.
8. PUBLICITY: Except where prohibited by law, acceptance of a prize constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of the winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown and state for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS: Sponsor reserves the right to require entrants to complete, execute and deliver to Sponsor additional documents at any time as required, in the forms provided, and within the timeframe required by Sponsor, or the entrant may be disqualified. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic of non-electronic tampering with any portion of the Sweepstakes, 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 Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the Prize at random from among eligible, non-suspect
entries received up to the time of suspected impairment. 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 Sweepstakes 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 Sweepstakes may be a violation of applicable criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages or 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.
10. RELEASE: By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, Alterra Mountain Company, Utah Symphony & Opera, Facebook, Instagram, Twitter, and each of their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) 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 Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (i) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (ii) 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; (iii) the unavailability or inaccessibility of any website or service; (iv) unauthorized intervention in any part of the entry process or the Sweepstakes; (v) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (vi) 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 an entrant’s participation in the Sweepstakes or receipt or use of any prize, or from viewing, playing or downloading any material from Sponsor’s website(s), 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 by a hypertext link.
12. DISPUTES: Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Summit County, Utah; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Utah 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 Sweepstakes 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 Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Utah , without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Utah, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
13. OFFICIAL RULES: These Official Rules are available at http://blog.deervalley.com/sweepstakes-rules/ or by sending a self-addressed postage-stamped envelope to “Deer Valley Music Festival Sweepstakes – Rules Request” c/o Deer Valley Resort Company, LLC, 2250 Deer Valley Drive South, Park City, UT 84060, Attn: Ryan Mayfield. Vermont resident may omit return postage.
14. WINNER’S LIST: To request a list of the Sweepstakes winner, send a self-addressed postage-stamped envelope to “Deer Valley Music Festival Sweepstakes – Winner List” c/o Deer Valley Resort Company, LLC, 2250 Deer Valley Drive South, Park City, UT 84060, Attn: Ryan Mayfield. Requests must be received by September 6, 2019.