Xanterra “Nominate Your Hero” Sweepstakes Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOUR ENTRY INTO THIS SWEEPSTAKES IS SUBJECT TO THE FOLLOWING TERMS, CONDITIONS, LIMITATIONS, AND OTHER RULES (THE “OFFICIAL RULES”). BY ENTERING THIS SWEEPSTAKES, YOU (“ENTRANT”) SIGNIFY YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
Administrator: The Nominate Your Hero Sweepstakes (the “Sweepstakes”) is administered and sponsored by Xanterra Parks & Resorts, Inc. (“Administrator,” “us,” “our,” or “we”). This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. You understand that you are providing your information to the Administrator and its affiliates and not to Facebook.
Eligibility: The Sweepstakes is open only to people entering the Sweepstakes (“Entrants”) and heroes nominated by the Entrants to become potential winners of the Sweepstakes (“Nominees”) who are legal residents of the United States and the District of Columbia who are at least eighteen (18) years old. Employees of Administrator and its respective affiliates, subsidiaries, and other related companies (collectively, the “Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Sweepstakes as Entrants or Nominees. Entrants are not permitted to participate in or benefit from any prize awarded in the Sweepstakes (e.g. if the Entrant nominates a Nominee who ultimately is selected as the winner of the Sweepstakes prize, the Entrant may not accompany the Nominee on the trip awarded as the prize). The Sweepstakes is subject to all federal, state, and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sweepstakes Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Odds of winning a prize in this Sweepstakes depend on the number of eligible entries received during the Promotion Period. Void for Entrants and Nominees residing in Puerto Rico, all U.S. territories and possessions not listed herein, and overseas military installations and where prohibited or restricted by law.
Timing: The Sweepstakes begins at 6:00 a.m. Mountain Time (“MT”), May 31, 2020, and ends at 11:59 p.m. MT, June 7, 2020 (the “Promotion Period”).
How to Enter: During the Promotion Period, go to https://www.facebook.com/xanterra.travel.collection/ (the “Facebook Page”). On May 31, 2020, Administrator will add a new post to the Facebook Page (the “Sweepstakes Post”), inviting users to comment and nominate a hero for the Sweepstakes. To enter:
(i) Locate the Sweepstakes Post on the Facebook Page;
(ii) Create a new comment to the Sweepstakes Post, and include the following in your comment:
- A short statement about the Nominee – must include the Nominee’s first and last name, and why you chose to nominate them as a hero (you can tag your Nominee but it’s not mandatory – your Nominee does not need to be on social media to win a prize in the Sweepstakes).
- #XanterraTravel #OneWeekofGratitude
- (Optional): a photo – may be a photo of the Nominee (only if you have the Nominee’s permission), a photo of where the Nominee works, or something illustrating the reason you are choosing the Nominee;
Each Entrant may only nominate a particular Nominee once during the Promotion Period. However, each Entrant may choose to nominate additional Nominees, limited to a maximum of one (1) Nominee per day from each Entrant/Facebook account. If an Entrant/Facebook account submits more than one Nominee per day, only the first Nominee submitted on that day will be counted.
For all entries: All entries must be received by posting to the Facebook Page during the Promotion Period. Multiple Entrants are not permitted to share the same Facebook account in order to submit multiple entries. Any attempt by any Entrant to obtain more than the permitted number of entries will void that Entrant’s entries and that Entrant and their Nominees may be disqualified. By submitting your entry in the Sweepstakes, you represent and warrant that your entry complies with the terms and conditions of Facebook, and that you have all necessary rights and permissions to post the content in your entry to Facebook and to grant the rights described in this paragraph to Facebook. By submitting your entry in the Sweepstakes, you grant Administrator a perpetual, irrevocable, worldwide, transferrable, sublicensable, right and license to display, reproduce, adapt, distribute, perform, create derivative works of, and otherwise use, all photos and content contained within your entry, for any purpose whatsoever, on any social media or email platform, without any notice or compensation to you, and without obtaining permission from anyone featured in any photos or described in the posted entry content. Administrator may, but is not required to, repost, share, or otherwise feature any entries or portion thereof (including photos and/or text submitted by an Entrant) on other Facebook accounts managed by Administrator, or on Administrator’s accounts on other social media platforms, including Instagram, Twitter, or others. Any such re-posting or sharing of entries by Administrator will not be considered additional entries, and will not increase the Entrant’s chance of winning. No Sweepstakes entries will be acknowledged. Proof of submission will not be deemed to be proof of receipt by Administrator. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible, or otherwise non-conforming entries, each of which will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized natural person who is the holder of the Facebook account from which the entry was submitted, will be deemed to be the entrant.
Drawing: The prize drawing will be conducted in accordance with these Official Rules on or about June 8, 2020. One winner will be chosen at random from the pool of eligible Nominees. The Entrant who nominated the winning Nominee will be notified via Facebook that their Nominee has been selected as the potential winner, and the Entrant will coordinate with Administrator in order to notify the Nominee of this selection. Winners selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements for Entrants and Nominees, as applicable. Any Nominee selected as a potential winner shall be subject to identity verification and qualification according to these Official Rules by Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. If requested, and except where prohibited, the Nominee selected as a potential winner must sign and return to Administrator, within fifteen (15) calendar days of being notified, an affidavit of eligibility and liability/publicity release, including the winner’s selection of a prize from the available choices (the “Release and Prize Selection Form”) in order to claim his/her prize. Administrator reserves the right to require any guest joining the winner on the trip selected as the prize to sign a similar liability/publicity release prior to enjoying the prize. If a potential winner does not wish to receive the prize, is discovered to be ineligible for the Sweepstakes, or if he/she fails to sign and return the completed Release and Prize Selection Form within the required time period (if requested), an alternate winner will be selected in his/her place at random from among all eligible entries received.
Prizes: One (1) Prize will be awarded in this Sweepstakes.
Prize description and limitations: The winner may choose one (1) prize from the available Sweepstakes prize options available at [xanterra.com/gratitude-contest/] (the “Prize Descriptions”). The prize must be selected by the winner by the deadline for the Release and Prize Selection Form, and prize selection must be made in the Release and Prize Selection Form when returned to Administrator. The prize is limited solely to the description of the applicable prize selected, as listed in the Prize Descriptions (including without limitation, number of days, meals, amenities, value, etc.). The prize package must be redeemed within the dates set forth in the Prize Descriptions, and will be subject to any blackout dates set forth therein, or the entire prize will be forfeited. Once a prize is selected from the available options, the winner may not thereafter choose a different prize. Dates are subject to availability. Airfare is not included. If a booked reservation is cancelled within fourteen (14) days of scheduled arrival, the entire prize will be forfeited and may not be re-booked for another date. No substitute prizes will be available.
Prize Retail Value: The Total Approximate Retail Value (“ARV”) of each potential prize is set forth in the Prize Descriptions. The ARV is inclusive of taxes.
Release: By receipt of any prize, winner agrees to release and hold harmless the Administrator, Facebook, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
General Conditions: Administrator reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion, and Administrator disclaims any liability for such events. If terminated, Administrator may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action using the procedure outlined above. Administrator, in its sole discretion, reserves the right 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Administrator further reserves the right to cancel, terminate, or modify the Sweepstakes if it cannot be conducted, operated, or completed as planned for any reason.
Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical, or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone/internet lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network, or human error which may occur in the administration of the Sweepstakes, the uploading, the processing, or selection of entries, the announcement of the prizes, or in any Sweepstakes-related materials; (5) late, lost, undeliverable, faulty, or damaged entries or private messages; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any entry.
Disputes: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant(s) and Administrator and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Colorado. Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prize, shall be filed only in the state or federal courts located in the State of Colorado. Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and 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 limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
Contact: You may contact the Administrator by mail at:
6312 Fiddlers Green Circle | Suite 600 North
Greenwood Village, Colorado 80111
or by email at email@example.com.