Powder Magazine – Steamboat Sweepstakes

Official Rules
Powder Magazine
Powder Steamboat Sweepstakes
January 16 – January 30, 2019
1. Introduction: Grind Media, LLC (owner and publisher of Powder
Magazine), (“Sponsor”) is offering the Powder Magazine, Powder Steamboat
Sweepstakes (the “Sweepstakes”) in the 50 United States and the District
of Columbia (the “Territory”) that begins at 12:00 AM PST January 16, 2019
and ends at 11:59 PM PST on January 30, 2019 (the “Entry Period”). NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
Sweepstakes. VOID IN PUERTO RICO, US TERRITORIES, AND WHERE PROHIBITED.
This Sweepstakes is governed by these Official Rules
2. Eligibility: Entrant must be at least 18 years of age or older at the
time of entry or the age of majority in their state of residency at the
time of entry, and a resident of the Territory. Persons in the following
categories are NOT eligible to participate: any individual who was or is,
as of January 16, 2019, (a) an employee, officer, director, agent or
independent contractor of Sponsor, its parents, subsidiaries, affiliated
companies, or agents; or (b) an immediate family member (defined as
spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step-
mother, father, sister, brother, daughter, or son) of, or who resides in
the same household as, any person in any of the preceding categories.
3. Agreement to Official Rules. Sweepstakes will be conducted in the
Territory by the Sponsor, and each person who participates in the
Sweepstakes (each a “Participant”) unconditionally accepts and agrees to
comply with, abide by, and have all participation subject to these
Official Rules and the decisions of the Sponsor, which shall be binding
with respect to all aspect of the Sweepstakes in the Territory.
4. How to Enter: Individuals may enter this Sweepstakes by going to
http://www.powder.com/sponsored-content/enter-to-win-a-weekend-trip-to-steamboat
and filling out the short form with name, address, phone number, e-mail
address and date of birth. Entries must be received by the Sponsor no
later than 11:59 PM PST on January 30, 2019. LIMIT OF ONE (1) ENTRY PER
PARTICIPANT. Multiple entries are not permitted. Individuals may enter
this Sweepstakes by completing the online entry only once. Sponsor may
also ask optional questions; completion of these optional questions is not
required to enter the Sweepstakes.
MOBILE DEVICES: If you participate via a smart phone or other mobile
device, Message and Data Rates may apply. Not all cellular service
providers offer the service necessary to participate in this Sweepstakes
through a mobile device. Please check with your provider for specific
capabilities, charges and pricing plans.
5. Sweepstakes – Prize/Odds/Details. The odds of winning a prize in the
Sweepstakes will depend on the actual number of valid entries received. A
total of One (1) Grand Prize Package will be available for distribution in
the Territory. The total Approximate Retail Value (“ARV”) of the One (1)
Grand Prize Package for the Sweepstakes is $1,400.00.
Potential Winner will be selected in a random drawing from all eligible
entries received during the Entry Period. By entering the Sweepstakes,
Participants fully and unconditionally agree to be bound by these rules
and the decisions of the Sponsor, which will be final and binding in all
matters relating to the Sweepstakes.
The drawing will be conducted on or about February 6, 2019 by Sponsor,
whose decision is final and binding in all matters relating to the
Sweepstakes. Potential Winner will be notified by e-mail on or about
February 13, 2019. The Sponsor will attempt to contact each potential
Winner of a prize by telephone or e-mail using the contact information
provided by the Participant at the time of entry. If the potential Winner
cannot be reached within seven (7) days after the first attempt to contact
such potential Winner, or if the selected Participant is otherwise
ineligible or fails to complete the Prize Claim Documents (as defined
below), Sponsor shall have the right, but not the obligation, to award the
applicable Prize to another Participant selected from among the remaining
eligible entries. If any attempted notification or prize delivery is
returned as undeliverable, the prize will be forfeited.
6. Prizes: Only one (1) Grand Prize Package will be awarded. The “Grand
Prize Package” will consist of the following:
Three (3) consecutive nights Hotel accommodations in One (1) double
occupancy room at a Hotel to be determined by Sponsor at Steamboat
Resort in Steamboat Springs, Colorado up to a total cost of $800.00
($800.00 retail value) and Two (2) consecutive days of Skiing for Two (2)
people to be determined by Sponsor in Steamboat, Colorado up to a total
cost of $600.00 ($600.00 retail value).
The actual value of the Grand Prize Package may vary depending on dates
and times of travel, fluctuations and Hotel charges at the time of travel
bookings. Therefore, the actual value of the Grand Prize Package awarded
may be lower or higher at the time it is fulfilled. Any difference between
actual value and stated ARV will not be awarded. Travel is subject to the
restrictions and conditions set forth below. The Grand Prize Package is
valid only during the 2018/2019 ski season, with an end date of April 14,
2019. Therefore, the Grand Prize Package must be used up by April 14,
2019. Winner must contact Sponsor to book travel arrangements. When
booking travel arrangements, Grand Prize Winner must book Hotel and Skiing
at least Ten (10) days before arrival. Travel Companion must be at least
18 years of age at the time of making Hotel reservations, unless the Grand
Prize Winner is the parent or legal guardian of the travel Companion. Any
costs associated with Grand Prize Package receipt and/or use that are not
expressly stated above are not included in the Grand Prize Package, are
the sole responsibility of the Grand Prize Winner and his/her travel
Companion. Such costs may include, without limitation, any additional
ground transportation, any unspecified state or local taxes or government
surcharges or fees, including, but not limited to, trip and travel
insurance and premiums, excursions, meals, drinks, incidentals,
gratuities, telephone calls, charges for changing dates or other personal
costs and expenses not specified herein, and are the sole responsibility
of the Grand Prize Winner and his or her travel Companion. All travel
arrangements are to be administered by Sponsor or its designee. All
aspects of the Grand Prize Package, including, but not limited to, Hotel
and Skiing are at the sole discretion of the Sponsor. Grand Prize Winner
and his or her travel Companion will be required to provide valid
government-issued photo ID at time of travel as required by the Hotel or
ski resort. If Grand Prize Winner elects to travel or partake in trip with
no travel Companion, no additional compensation will be awarded. Hotel
accommodations and Skiing must be taken together and cannot be taken
separately. No changes will be made to travel details once any element(s)
of the travel arrangements have been booked except at Sponsor’s sole
discretion. Grand Prize travel is subject to capacity controls,
availability, holiday and other blackout dates and certain other
restrictions and conditions, which may include a Saturday night stay, all
of which are subject to change. No additional prize element will be
substituted. Hotel may require Winner to provide a valid credit card up on
check-in to cover incidentals or other charges. If the Grand Prize Winner
does not have a credit card or proper identification, the Hotel may refuse
to register the Grand Prize Winner and/or their travel Companion.
Promotion Parties are not responsible for changes in any element of Grand
Prize schedule. Any unclaimed and/or unused Grand Prize travel package
will remain the property of Sponsor. No substitutions by Grand Prize
Winner are allowed.
The Grand Prize is non-transferable. Terms and conditions of providers of
the Grand Prize elements also apply.
All Prizes are subject to availability and other restrictions. Any
expenses/costs associated with a prize, its acceptance, use or enjoyment
that are not listed herein as included with a prize are the Winner’s
responsibility and will not be provided. At Sponsor’s discretion,
unclaimed prizes may not be awarded. Sponsor is not responsible for lost
or mutilated prizes and none will be replaced. Prize is nontransferable
and must be accepted as awarded. No cash or other substitution may be
made, except by Sponsor in the event that the prize cannot be awarded for
any reason, in which case, Sponsor will provide a prize of equal or
greater value. All taxes, fees and surcharges on prizes are the sole
responsibility of Grand Prize Winner.
7. Prize Claim Documents. The Prize Claim Documents may include, but are
not limited to: a Declaration or Affidavit of Eligibility (as solely
determined by Sponsor), a Federal IRS form W-9 for tax filing purposes
(for the year a prize is received), Release of Liability, and, where
lawful, a Publicity Release, and such other documents as may be determined
by Sponsor for both Winner and Companion. All Prize Claim Documents must
be returned as provided in the directions to the potential Winner, within
seven (7) days after the first attempt to contact such potential Winner
and received by Sponsor prior to awarding any prize. If verification
results in forfeiture, you will not receive the prize. Upon prize
forfeiture, no compensation will be given.
Prizes will not be awarded without prior completion and verification of
information by Sponsor of all information provided in Prize Claim
Documents.
In no event will more than the stated number of prizes be awarded. If for
any reason, more prize notices are sent, or more prizes are claimed, than
are intended to be awarded, Sponsor reserves the right to award the actual
number of prizes through a random drawing from among all verified and
validated prize claims received.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE
ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
8. Internet Limitations of Liability: Sponsor is not responsible for:
failures or malfunctions of phones, tablets, computers or other hardware
or devices (each a “Device”); phone lines, cellular systems or telephone
or data transmission systems; interrupted or unavailable networks, server
or other connections; any error, omission, interruption, defect or delay
in any transmission or communication; traffic congestion on the Internet;
or any technical problem, including but not limited to any injury or
damage to any person’s Device related to or resulting from Sweepstakes
participation.
9. No Liability; Release and Indemnification: By entering, Participants,
Winner and Winner’s Companion, agree to release, discharge, indemnify and
hold harmless the Sponsor and its respective subsidiaries, parents and
affiliated companies, employees, contractors, distributors, sales
representatives, vendors, advertising and promotion agencies, prize
providers and any other entities directly associated with this
Sweepstakes, and each of their respective officers, directors, employees,
representatives and agents (collectively, the “Released Parties”) from and
against any claims made by Participants, or by any third parties, related
in any way to the operation or administration of this Sweepstakes, as well
as any other claims, damages, charges, fines or liability due to any
injuries, damages or losses to any person (including death) or property of
any kind, or any claims of violation of rights of publicity or privacy,
defamation or portrayal in a false light, resulting in whole or in part,
directly or indirectly, from acceptance, possession, misuse or use of a
prize or participation in this Sweepstakes or in any Sweepstakes-related
activity. The Released Parties shall have no liability for any problems or
errors of any kind whether computer, network, mechanical, human,
electronic, typographical, printing or otherwise relating to or in
connection with the Sweepstakes.
10. Publicity Release: Each prize Winner and Winner’s Companion, consents
to the use of his/her name, likeness (including, but not limited to,
picture and portrait), biographical information and voice by the Sponsor,
and those acting under the Sponsor’s authority, for promotional purposes
and in advertising worldwide without approval rights or additional
compensation, except where prohibited by law. (TN residents will not be
required to sign an in-perpetuity publicity release as a condition of
winning a prize)
11. Disputes: By participating in this Sweepstakes, each Participant,
Winner and Winner’s Companion, agrees: (i) that any and all disputes the
Participant, Winner and Winner’s Companion, may have with, or claims
Participant, Winner and Winner’s Companion may have against, the Released
Parties relating to, arising out of or connected in any way with (a) the
Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the
determination of the scope or applicability of this agreement to
arbitrate, will be resolved exclusively by final and binding arbitration
administered by JAMS and conducted before a sole arbitrator in accordance
with the rules of JAMS; (ii) this arbitration agreement is made pursuant
to a transaction involving interstate commerce, and shall be governed by
the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the
arbitration shall be held in Orange County, California; (iv) the
arbitrator’s decision shall be controlled by the terms and conditions of
these Official Rules and any of the other agreements referenced herein
that the applicable Participant may have entered into in connection with
the Sweepstakes; (v) the arbitrator shall apply California law consistent
with the FAA and applicable statutes of limitations, and shall honor
claims of privilege recognized at law; (vi) there shall be no authority
for any claims to be arbitrated on a class or representative basis,
arbitration can decide only Participant’s and/or Sponsor’s individual
claims; the arbitrator may not consolidate or join the claims of other
persons or parties who may be similarly situated; (vii) the arbitrator
shall not have the power to award punitive damages against the Participant
or Sponsor; (viii) in the event that the administrative fees and deposits
that must be paid to initiate arbitration against Sponsor exceed $500 USD,
and Participant is unable (or not required under the rules of JAMS) to pay
any fees and deposits that exceed this amount, Sponsor agrees to pay them
and/or forward them on Participant’s behalf, subject to ultimate
allocation by the arbitrator; (ix) if the Participant is able to
demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, Sponsor will pay as much of Participant’s
filing and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-
prohibitive; and (x) with the exception of subpart (vi) above, if any part
of this arbitration provision is deemed to be invalid, unenforceable or
illegal, or otherwise conflicts with the rules of JAMS, then the balance
of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however,
subpart (vi) is found to be invalid, unenforceable or illegal, then the
entirety of this arbitration provision shall be null and void, and neither
Participant nor Sponsor shall be entitled to arbitrate their dispute. For
more information on JAMS and/or the rules of JAMS, visit their website at
www.jamsadr.com. Any demand must be filed within one (1) year from the end
of the Entry Period or the cause of action shall be forever barred.
12. Miscellaneous: All entries become the sole property of Sponsor and
none will be returned. In the event of a dispute, entries will be deemed
made by the authorized account holder of the e-mail address submitted at
the time of entry. The “authorized account holder” is deemed the natural
person who is assigned to an e-mail address by an Internet access
provider, service provider or other online organization that is
responsible for assigning e-mail addresses for the domain associated with
the submitted e-mail address. A potential Winner may be requested to
provide Sponsor with proof that the potential Winner is the authorized
account holder of the e-mail address associated with the winning entry. If
for any reason the Sweepstakes is not capable of running as planned,
including due to infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failure, human error or any
other causes beyond the control of Sponsor that corrupt or affect the
administration, security, fairness, integrity, or proper conduct of the
Sweepstakes, Sponsor reserves the right in its sole discretion, to
disqualify any individual who tampers with the entry process, and to
cancel, terminate, modify or suspend the Sweepstakes. Sponsor assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, entries. The
Sponsor is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers, or
providers, computer equipment, software, failure of any email or entry to
be received by Sponsor on account of technical problems or traffic
congestion on the Internet or at any web site, any combination thereof, or
otherwise, including any injury or damage to Participant’s or any other
person’s computer related to or resulting from participation or
downloading any materials in the Sweepstakes. Sponsor is not responsible
for late, lost, illegible, incomplete, stolen, or misdirected entries. ANY
ATTEMPT BY AN PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED
BY LAW.
13. Winner List: To obtain a list of Winners, send a stamped self-
addressed envelope after March 1, 2019 to Powder Magazine – Powder
Steamboat Sweepstakes, January 16-January 30, 2019 – c/o Grind Media, LLC,
831 South Douglas Street, El Segundo, CA 90245 Attn: Legal.
14. Use of Information: The collection and use of Participant information
will be governed by Sponsor’s online privacy policy, available for viewing
at http://www.enthusiastnetwork.com/privacy/.
15. Sponsor(s): The Sponsor of this Sweepstakes is Grind Media, LLC (owner
and publisher of Powder Magazine), whose address is 831 South Douglas
Street, El Segundo, CA 90245.
© 2019 Grind Media, LLC. All rights reserved. Powder Magazine® is a
registered US Trademark owned by Grind Media, LLC. Powder Magazine and the
Powder Magazine logo are trademarks of Grind Media, LLC. All other
trademarks, service marks, logos, products, or service names are the
property of their respective owners. This Sweepstakes is in no way
sponsored, endorsed or administered by, or associated with Facebook,
Instagram, Twitter, Snapchat, or any other third-party not specifically
designated by Sponsor. Information is being provided solely to Sponsor in
accordance with these Official Rules.