HISTORIC DENVER, INC.
“Story Trek Sweepstakes”
Official Rules
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. ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date are permanent legal residents of the fifty (50) United States or the District of Columbia, and are at least eighteen (18) years old. The Sweepstakes is void outside the fifty (50) United States and the District of Columbia; and where prohibited or restricted by law. Employees, officers and directors of Historic Denver, Inc. (“Sponsor”), or The Molly Brown House Museum, Byers Evans House Museum, Black American West Museum, Kirkland Museum of Fine & Decorative Art, or Four Mile Historic Park (collectively, the “Sweepstakes Partners”) and 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 and director, are not eligible to enter.
2. TIMING. The Sweepstakes entry period begins on July 19, 2008 and ends on August 31, 2008 (the “Entry Period”).
3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes as described below:
a. To Enter by Obtaining a Trek Connect Pass; Additional Trek Connect Pass Benefits and Restrictions. On July 19, 2008, attend the “Denver Story Trek” kick-off event from 10:00 a.m. Mountain Time (“MT”) to 11:00 a.m. MT at the Colorado Governor’s Residence, 800 E. 8th Avenue, Denver, Colorado 80203 and be one of the first one hundred fifty (150) persons to obtain a free “Trek Connect Pass” (a “Pass”). Passes available only while supplies last and are limited to one hundred fifty (150). LIMIT: One (1) Pass per person. Upon receipt of a Pass, fully complete the Pass by hand printing all requested information on the Pass (only fully completed passes will be accepted as an entry in the Sweepstakes when submitted as described below). Passes permit an eligible entrant to obtain free admission for (1) person on a single date during the Entry Period to each of the following “Trek Connect Locations” (each, a “Location”) during the Location’s business days and hours: The Molly Brown House Museum, Byers Evans House Museum, Black American West Museum, Kirkland Museum of Fine & Decorative Art, or Four Mile Historic Park. Passes are nontransferrable, nonredeemable, and subject to the terms and conditions thereof. During the Entry Period after you no longer desires to use the Pass to obtain free admission to the Locations as described above, deposit your Pass in an Official Sweepstakes entry box at one of the Locations. Entries will only be accepted during a Location’s business days and hours.
b. To Enter by Mail. If you do not obtain a Pass or do not desire to enter the Sweepstakes by obtaining and depositing a Pass, you may enter the Sweepstakes by printing your full name, complete home address, day and evening phone numbers, email address (if any), age and date of birth on a 3” x 5” piece of paper and send it by United States mail in a sealed envelope no larger than 9 1/2" x 4 1/4" (a #10 envelope) with correct postage to “Story Trek Sweepstakes – Entry”, c/o Historic Denver, Inc., 1628 16th Street, Suite 200, Denver, Colorado 80202.
c. All Entries. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit entries is prohibited and will result in disqualification. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of in-Location submission or mailing will not be deemed to be proof of rteceipt of entry by Sponsor. See Section 12 below (“Data Collection; Promotional Materials”) regarding data collected in connection with an entrant’s entry. All entrants and entries subject to verification prior to the awarding or a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. LIMIT: One (1) entry per person in this Sweepstakes, regardless of method of entry. Any attempt by any entrant to obtain more than the stated number of entries will void that entrant’s entry and that participant will be disqualified.
4. 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 or its designee (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
5. DRAWING; ODDS; NOTIFICATION. On or about September 1, 2008, Sponsor will randomly select nine (9) potential prize winners from among all eligible entries received by Sponsor in the Sweepstakes during the Entry Period. Potential prize winners will be selected in descending order, with the Grand Prize Winner selected first and the first through eighth prize winners selected next. Odds of winning a prize depend on the number of eligible entries received in this Sweepstakes. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. A potential winner may be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an "Affidavit/Release") in the form(s) provided by Sponsor in order to claim his/her prize. Such Affidavit/Release, if requested, must be returned to Sponsor by the date and/or time indicated within such documents. If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release (if required) within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and forfeit the prize and an alternate winner may be selected by Sponsor in his/her place at random from among all eligible non-winning entries received for this Sweepstakes.
6. PRIZES. Subject to the terms and conditions of these Official Rules, nine (9) prizes will be awarded in this Sweepstakes as described below. The aggregate Approximate Retail Value (“ARV”) of all prizes to be awarded in this Sweepstakes is $485.75.
a. Grand Prize. The Grand Prize consists of and is limited to a one (1) night stay at the Oxford Hotel in Denver, Colorado in a Victorian Deluxe Plus room (double occupancy). Lodging accommodations (including dates and room) are subject to availability and blackout dates, and must occur and be used before July 10, 2009. Subject to rules and restrictions of the Oxford Hotel. Guest must be over eighteen (18) years old, unless the winner is the parent or legal guardian of the minor guest. ARV of the Grand Prize is $200.
b. First Prize. The First Prize consists of and is limited to one (1) Frontier Style birthday party at Four Mile Historic Park in Glendale, Colorado. Valid through July 10, 2009. Subject to availability and party size limitations; parties are scheduled on Saturdays and Sundays; food and beverage not included; subject to rules and restrictions of Four Mile Historic Park. ARV of the First Prize is $90.
c. Second Prize. The Second Prize consists of and is limited to four (4) tickets to s single performance of the 2008 Victorian Horrors at the Molly Brown House in Denver, Colorado (performances which may be selected from are scheduled on October 17, 18, 24 and 25, 2008). Subject to availability; tickets subject to the terms, conditions and restrictions thereof. ARV of the Second Prize is $64.
d. Third Prize. The Third Prize consists of and is limited to Tea for Two at the Byers Evans House Museum in Denver, Colorado. Valid through July 10, 2009. Subject to availability; subject to the rules and restrictions of the Byers Evans House Museum. ARV of the Third Prize is $46.
e. Fourth through Eighth Prizes. A Prize consists of and is limited to one (1) copy of the African Americans of Denver book. ARV of a Prize is $19.95.
f. All Prizes. Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or the Sweepstakes Partners or for which Sponsor or its Sweepstakes Partners may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment, refund or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or a component thereof) with another prize (or component thereof) of greater or equal value, including cash, if a prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use not expressly specified herein as part of a prize, including, without limitation, transportation, lodging, meals, gratuities, insurance, surcharges and other costs and expenses incurred by the winner and winner’s guests in accepting and using the prize, including, without limitation, all international, federal, state and local taxes on the prize. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem or claim any prize in this Sweepstakes. Admission tickets, vouchers and coupons will not be replaced if lost, stolen or destroyed. If required by Sponsor or an applicable Sweepstakes Partner, each of the winner’s guests must execute and deliver to Sponsor and/or the applicable Sweepstakes Partner a Liability Release and a Publicity Release in the documents provided by Sponsor as a condition to use of any component of the prize; if a guest is a minor in his/her state of residency, the minor’s parent or legal guardian must verify and confirm his or her agreement to the Liability Release and Publicity Release in the documents provided by Sponsor on the parent’s or legal guardian’s behalf and on the minor’s behalf in order to attend and participate. LIMIT: One (1) prize in this Sweepstakes per person or household.
7. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes a winner’s consent to Sponsor’s and the Sweepstakes Partners’ (and their respective designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
8. GENERAL CONDITIONS. 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 tampering with any portion of the Sweepstakes, or if 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 prizes 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 undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and 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.
9. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, the Sweepstakes Partners, and their respective parents, subsidiaries, divisions and affiliates, and their respective agents, representatives, advertising and promotion agencies, affiliates, and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents 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.
10. LIMITATIONS OF LIABILITY. Neither Sponsor nor any of the Sweepstakes Partners are responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) 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; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) 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 entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the 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 Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado 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 the 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 Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
12. DATA COLLECTION. Entrants provide personal information on the Pass or mail in entry form when they enter this Sweepstakes. Sponsor collects this information and uses it to (a) administer this Sweepstakes and (b) for market research and for other marketing purposes. Sponsor may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners (including, without limitation, the Sweepstakes Partners), who may use it to contact you with information and offers they believe will be of interest to you. If you do not wish to receive marketing information from Sponsor, the Sweepstakes Partners or their select marketing partners, send a written name removal request to Historic Denver, Inc., 1628 16th Street, Suite 200, Denver, Colorado 80202, Attn: Name Removal. Be sure to include in the request your full name and address and specifically indicate that you wish to be removed from the mailing list.
13. OFFICIAL RULES. These Official Rules are available at the “Denver Story Trek” kick-off event (while supplies last), or by sending a self-addressed postage-stamped envelope to “Story Trek Sweepstakes – Rules Request”, c/o Historic Denver, Inc., 1628 16th Street, Suite 200, Denver, Colorado 80202. Vermont residents do not need to affix return postage.
14. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Story Trek Sweepstakes – Winner’s List Request”, c/o Historic Denver, Inc., 1628 16th Street, Suite 200, Denver, Colorado 80202. Requests must be received by December 1, 2008.
15. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Historic Denver, Inc., 1628 16th Street, Suite 200, Denver, Colorado 80202.
***