NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the Contest is Niwot Business Association ("Sponsor").
PROMOTION DESCRIPTION: The Contest shall begin immediately after Sponsor posts the “Contest Question” (as defined herein) on the official sponsor Facebook page at https://www.facebook.com/niwot (“Sponsor Facebook Page”) and shall conclude at 11:59 p.m. on October 31st 2017.](the "Contest Period"). The Contest involves posting an original photo to Sponsor’s Facebook Page as explained in more detail below. Each entrant shall post a response to Fall in Niwot Facebook post, but attaching an original photograph taken by the entrant of any Fall image in Niwot as described more fully below. Sponsor will select four (4) winners from among all eligible applications to receive a $25 gift certificate at the Niwot Business Association participating business of their choice, as described more fully below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open only to residents of the 50 United States of America or the District of Columbia who are 13 years of age or older as of their time of entry. Entrants under the age of 18 must receive prior permission from a parent or legal guardian to enter and their parent or legal guardian must also agree to these Official Rules. If an entrant under the age of 18 wins a prize, the prize will be awarded to the parent or legal guardian upon receipt of all required documents. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the "Contest Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook .
GRANT OF RIGHTS: By submitting a Response in connection with the Contest, (a) each entrant into the Contest hereby grants to Sponsor unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, and distribute such Response throughout the world, including, but not limited to, display on Sponsor’s Facebook Page and on http://niwot.com; and (b) each person who enters the Contest represents and warrants that (i) the Response is the entrant's own, original work; (ii) the Response does not contain any harmful computer code and is not otherwise corrupted; (iii) the Response is not the subject of any actual or threatened litigation or claim; and (iv) the Response does not and will not violate or infringe other people's intellectual property rights, privacy, publicity, copyright or other legal rights. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Response that Sponsor, in its sole discretion, deems to violate these Official Rules. As an entrant, you are providing your information to Sponsor and not to Facebook. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Response and to use any ideas, concepts, know-how, or techniques contained in the Response for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall retain the rights granted in each Response even if the Response is disqualified or fails to meet the Response requirements. Sponsor shall have no obligation to use, display or exploit any Response, and Sponsor may at any time abandon the use, display or exploitation of the Response for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
PRIZE: A $25 gift certificate to a NBA participating member business of the entrant’s choice. Four (4) prizes will be awarded. Gift certificates may include an expiration date as determined by the participating member business.
GENERAL PRIZE CONDITIONS: All results of the selection are final and binding, subject to these Official Rules. In the event an entry is discovered to be invalid for any reason whatsoever or the person who submitted the entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. Prize will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value, in whole or in part, for any reason. All details of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any prize pictured in advertising and other Contest materials is for illustrative purposes only. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
WINNER SELECTION; JUDGING CRITERIA: A judging panel selected by Sponsor in its sole discretion will select four (4) winning Responses from among all eligible Responses received based on the following criteria: Each Response will be awarded a total score out of one hundred points based on the following criteria: 50% composition, 25% local color and flavor and 25% creativity. The four entrants who submit the Responses with the highest score will be the potential winners of the prizes. In the event of a tie, the Response that scored the highest points in the composition category will be selected, and if the tie remains unresolved, the winner will be determined by random drawing by the judges.
The judging criteria are to be applied in the sole discretion of Sponsor and the individual judges. By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.
ODDS: Many will enter, only four (4) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
DATES AND DEADLINES: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Contest.
NOTICE TO WINNERS: Attempts to notify potential winners and provide Sponsor’s contact information will be made using the message function on Facebook if entry was submitted via Facebook. Sponsor is not responsible for communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond, using the contact information provided by Sponsor in its notification, within five (5) calendar days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
FURTHER DOCUMENTATION: Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, a parent/guardian affidavit of eligibility and release if the potential winner is under the age of eighteen (18), and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If the potential winner is under 18 years of age, then a parent or legal guardian must execute all Prize Claim Documents and accept the prize on the potential winner’s behalf. If any potential winner (or a parent or legal guardian of any potential winner, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within five (5) calendar days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Contest Entities and Facebook (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any prize, and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, regarding such prize's quality or fitness for a particular purpose. Entrants hereby release Contest Entities and Facebook from and against any liability, including, without limitation, liability for any property damage, property loss, bodily injury, or death resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any prize. Entrants will indemnify, defend, and hold harmless the Contest Entities from and against all third-party claims arising from or relating to entrant's participation in the Contest. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing Contest-related websites or participating in the Contest, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or Contest-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the end of the Contest Period, Sponsor will (if possible) select winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest and hereby releases the Contest Entities from any liability with respect thereto.
INTELLECTUAL PROPERTY: The Official Rules and all related web pages and content are the property of the Sponsor or authorized third party. The copy or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal court located in Denver, Colorado, or in state courts in Boulder County, Colorado.
WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send an email to firstname.lastname@example.org.