Outside Magazine/T-Mobile Sweepstakes (“Sweepstakes”) Official Rules
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE FIFTY (50) UNITED STATES OR D.C. AT THE TIME OF ENTRY.
BY ACCEPTING THE PRIZE IN THE SWEEPSTAKES, THE WINNER AND WINNER’S GUEST. ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN SKIING AND/OR SNOWBOARDING INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGE THAT THEIR PARTICIPATION IN ACTIVITIES RELATED TO THE PRIZE IS VOLUNTARY, ACKNOWLEDGE THAT THEY ARE PHYSICALLY ABLE TO UNDERTAKE THE REQUIREMENTS OF THE PRIZE, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES THEY ARE PARTICIPATING IN AND THEY ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT PROMOTIONAL PARTIES (DEFINED BELOW) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
1. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE CHANCE OF WINNING. Sweepstakes begins 11/03/09 at 12:00:01 a.m. Eastern Standard Time (“EST”) and ends on 11/30/09 at 11:59:59 p.m. EST (“Promotion Period”) and is open to all legal United States and D.C. residents who are at eighteen (18) years old at time of entry, except employees of Mariah Media Inc. (“Sponsor”),T-Mobile USA, Inc., Aspen Skiing Company, Promotion Activators, Inc., and any of their parents, affiliate companies, subsidiaries, retailers, dealers, sales representatives, distributors, advertising agencies, promotional/prize suppliers (collectively “Sponsor and Promotion Parties”) and the immediate families and household members of each. Void where prohibited by law.
2. HOW TO ENTER. To enter: Go To http://www.outsideinfo.com and follow the on-screen instructions for entering the Sweepstakes. You will be asked to provide your name, address, phone number and VALID e-mail address. You must also upload an essay (“Essay”), in English, of up to 250 words describing what makes you “100% you.” Essays will not be judged nor will they be factored into determining winners, but an eligible Essay must be submitted or entry will be disqualified. LIMIT ONE (1) ENTRY PER E-MAIL ADDRESS/PER PERSON DURING THE PROMOTION PERIOD. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her Sweepstakes entries) who tampers with the entry process. Sponsor reserves the right to cancel or suspend this Sweepstakes and randomly award the prize from among all eligible entries received prior to action taken by Sponsor, should fraud, virus, bug or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors failures or delays in computer transmissions or network connections that are human or technical in nature. Entrants must be the sole creators of the essays submitted in this Contest. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
Essay must conform to the additional Entry Requirements in Sponsor’s sole discretion:
Essay must be suitable for publication at Sponsor’s sole discretion. Essay may not have won previous awards, may not have been published previously, and the use of the Essay by Sponsor as outlined herein must not infringe upon any other person’s rights.
3. WEB RESTRICTIONS. All Web entrants must have a valid e-mail address. Sponsor reserves in its sole discretion to modify, cancel or suspend this Sweepstakes should virus, fraud, bugs, or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes. Sponsor and Promotion Parties assume no responsibility for computer system, hardware, software or program malfunction or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the "authorized account holder" person in whose name the e-mail account is registered, provided that person meets all eligibility criteria set forth in the Eligibility section of these Official Rules.
"Authorized Holder" shall mean the natural person assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Please see the website's privacy policy at www.outsideonline.com for details of the Sweepstakes policy regarding the personal information collected in connection with this Sweepstakes.
4. DRAWING/PRIZE/ODDS. One (1) Grand Prize winner will be drawn at random from all eligible entries received, on or about 12/05/09. GRAND PRIZE: One (1) Winner will receive a 5-day/4-night ski prize for two (2) persons (winner and guest). Prize includes four (4) nights’ standard lodging (single room, double occupancy) at the Stonebridge Inn located in Snowmass, Colorado, 3-Day lift tickets for two (2) persons, complimentary airport and town shuttle service and two (2) T-Mobile myTouch 3G phones with six (6) months of free service. Approximate Retail Value: $4,094.00. Actual value may depend upon hotel fluctuations. Prize does not include any required transportation to/from the winner’s residence and Snowmass, CO. Prize and prize elements are subject to availability and blackout periods. Other restrictions may apply. Prize must be redeemed and hotel/lodging stay completed by 9/30/10 or prize will be forfeited in entirety and no compensation will be awarded in lieu thereof. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events beyond its control. Winner must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license). Prize is not redeemable for cash, may not be substituted, and is non-transferable. All other expenses on the receipt and use of the prize, including but not limited to meals, beverages, tips, gratuities, equipment rentals, incidentals, air transportation, ground transportation (except as provided herein), hotel room service, spa services, laundry service; local and long distance telephone calls, and service charges, are solely the responsibility of winner and winner’s guest.
5. WINNER NOTIFICATION/PRIZE RESTRICTIONS. Potential winner will be notified by overnight mail and will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release within fourteen (14) days of notification. If a winner is eighteen (18) years old, but considered a minor in their state of residence, prize may be awarded on minor’s behalf to a parent/legal guardian of eligible minor, who must execute and return any required documents as noted previously in these rules and accompany the winner on the trip as his/her guest.
Guest of winner must be eighteen (18) years of age or older and able to contract in their own name and will also be required to sign an Affidavit of Eligibility and Liability and Publicity Release within the time stated above. If prize notification is returned as undeliverable, or prize is refused by potential winner, the prize will be awarded to an alternate winner. Winner’s entry and acceptance of a prize constitutes permission for the Sponsor to use his/her name, photograph, likeness, statements, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation except where prohibited by law. All entries become property of Sponsor and will not be returned. Except at Sponsor's discretion, no cash redemption, substitution, or transfer of prize is allowed. In case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all applicable federal, state and local taxes are the responsibility of the winner.
6. LIMITATION ON LIABILITY. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor and Promotion Parties, their respective parent companies, affiliates, subsidiaries, retailers, sales representatives, distributors, officers, directors, employees, and agents from any and all liability, loss or damage incurred with respect to awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstance will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorney’s fees and court costs. By accepting prize, winner agrees that Sponsor and Promotion Parties, their respective parent companies, affiliates, subsidiaries, retailers, sales representatives, distributors, officers, directors, employees, and agents will not be held responsible for any system damage, loss of property, accidents, injuries, or death that may occur in the receipt, awarding, use or possession of prize and/or participation in any prize related activity, including any travel related thereto. Winner acknowledges that Sponsor and Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. By participating in this Sweepstakes, entrants and winner agree to be bound by these rules, the decisions of Sponsor and any applicable federal, state or local laws and regulations.
7. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New Mexico without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the state of New Mexico.
Sponsor/Administrator: Mariah Media Inc., 400 Market St., Santa Fe, New Mexico 87501