NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The Headwaters Conservation Challenge (the “Campaign”) is open only to students in kindergarten through 10th grade within the United States, as of the date of entry. The Campaign is only open to legal residents of the United States, and is void where prohibited by law. Employees of Xanterra Travel Collection (hereinafter “Xanterra”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household as Employees, are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Xanterra as final and binding as it relates to the content and management of this Campaign.
3. Campaign Period: Entries will be accepted via email or regular mail starting on June 1, 2018, at 8:00 a.m. MST and ending at midnight MST on November 2, 2018. All other entries must be postmarked no later than November 2, 2018. Each entry will be responded to with a “Thank You” letter.
4. How to Enter: The Campaign must be entered by submitting an entry via regular mail, email, or in person at Xanterra’s Trail Ridge Store located in Rocky Mountain National Park, Colorado. Email entries should be sent to firstname.lastname@example.org. Regular mail entries should be sent to Xanterra Travel Collection, 6312 S. Fiddlers Green Circle, Suite 600N, Greenwood Village, CO 80111. Entry forms can be found online at www.xanterra.com/headwaters or at the Trail Ridge Store during the 2018 operating season. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Xanterra. You may enter only once and must provide all information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. If You use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of Xanterra.
5. Prizes: There will be only one winner of the Campaign (the “Winner”). The Winner of the Campaign will receive a Certificate of Recognition, one (1) $200 VISA pre-paid gift card to be used for an in-classroom celebration of their choice, and a Rocky Mountain National Park memorabilia gift pack (approx. retail value of $200). Actual/appraised value may differ at time of prize award. The specifics of the gift pack shall be solely determined by Xanterra. No cash or other prize substitution shall be permitted except at Xanterra’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Xanterra to use Winner’s name, likeness, and entry for purposes of advertising and trade without notice or further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a selection committee under the supervision of Xanterra. All entries will be evaluated for creativity, engagement, originality, impact on water savings and behavioral changes, and overall aesthetics, with equal weight being given to each of these factors. Winner will be notified by email and telephone within five (5) days following selection of the Winner. Xanterra shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the date of award notification, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT XANTERRA‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering your creative ideas and photos of the ideas in action, You understand and agree that Xanterra, anyone acting on behalf of Xanterra, and Xanterra’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
9. Representations and Warranties: By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Xanterra. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend against and settle such claims. You shall indemnify, defend, and hold harmless Xanterra from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Xanterra may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms & Conditions: Xanterra reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Xanterra’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Xanterra may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Xanterra. Xanterra reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Rules. Xanterra has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Xanterra reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering the Campaign, You agree to release and hold harmless Xanterra and its owners, parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Campaign; or (v) electronic or human error in the administration of the Campaign or the processing of entries.
12. Disputes: This Campaign shall be governed by the laws of the United States and the State of Colorado, without respect to any conflict of law doctrines. As a condition of participating in this Campaign, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Denver, Colorado. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Campaign). You further waive all rights to have damages multiplied or increased.
14. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to Xanterra Travel Collection, 6312 S. Fiddlers Green Circle, Suite 600N, Greenwood Village, CO 80111. Requests must be received no later than March 30, 2019.
15. Sponsor: The Sponsor of the Campaign is Xanterra Travel Collection, 6312 S. Fiddlers Green Circle, Suite 600N, Greenwood Village, CO 80111.
16. Acceptance of Rules: By submitting your entry, You are deemed to have affirmatively reviewed, accepted, and agreed to all of the Official Rules.