Colorado Department of Agriculture’s Colorado Proud Giveaway, Official Rules
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
2. CONTEST SPONSOR. The Contest is sponsored by Colorado Proud, a program in the Colorado Department of Agriculture, Markets Division, 305 Interlocken Parkway, Broomfield, Colorado 80021 (“Sponsor”).
3. ELIGIBILITY: This Contest is open only to legal US residents who reside in the fifty United States or the District of Columbia and who are at least 18 years of age at the time of entry into the Contest. Void in Puerto Rico and other U.S. states or territories where prohibited, licensed, or restricted. Employees, officers, directors, agents, representatives, and their immediate families (spouses, parents, children, and siblings regardless where they live), or members of household, of Sponsor or of Safeway, their respective parent companies, subsidiaries, advertising, and publicity agencies involved in the conduct of this Contest are not eligible to enter or be awarded a prize. Entrant must read these Official Rules in their entirety. By participating, Entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. By participating, Entrant agrees to these Official Rules and accepts the decisions of the Sponsor as final.
4. ENTRY AND CONTEST PERIOD. The Contest begins at 12:01 a.m., Mountain Standard Time (“MST”) on August 1, 2015, and ends at 11:59 p.m. MST on August 31, 2015 (the “Contest Period”). Winners will be selected from entries properly submitted to the Contest during this Contest Period.
5. CONTEST ENTRY INSTRUCTIONS.
a. To enter the Contest on-line, you must visit Sponsor’s home page at www.choosecoloradoblog.com (“Website”) and complete the following steps: (i) Enter your contact and personal information in the Contest registration form; and (ii) Confirm your acceptance of these Official Rules. All Entrants must check the boxes confirming “I am 18 years or older,” “I have read and understand the contest terms and conditions” and checking the boxes granting photography consent and legal guardianship of minors in order to register. The person whose name appears on the Website user account will be deemed the Entrant (“Entrant”). The Entrant must own the e-mail address in the Website user account. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible/corrupt entries; or for any computer, telephone, cable, network, satellite, electronic, or Internet hardware or software malfunctions, or for any unauthorized human intervention, or for the incorrect or inaccurate capture of entry or other information, or for the failure to capture any such information.
b. Hand print your name, complete home address, day and evening telephone numbers, e-mail (if any), age, and entry photo(s) on a 3” x 5” postcard and send it by U.S. Mail to “Produce Challenge” 305 Interlocken Parkway, Broomfield, CO 80021. All mail-in entries must be postmarked no later than August 31, 2015.
c. Review and Modifications. Entries that do not comply in all material respects with these Official Rules as determined by the Sponsor, in its sole discretion, will be disqualified or will be removed from the Website and will be ineligible for prizes. Sponsor makes the final determination as to which Entries are eligible to take part in this Contest and which Entries may be considered for a prize.
d. Entry Limitations. There is no limit to entries, regardless of method of entry and regardless of whether by e-mail or by surface mail, except that each entry must be unique. Duplicate entries or duplicate photos will not be counted. All entries become the exclusive property of Sponsor. None will be acknowledged or returned. Proof of mailing or online submission will not be deemed to be proof of receipt of entry by Sponsor. By participating in the Contest, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (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. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, postage due, or illegible mail, entries or e-mail, nor is any responsibility accepted for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled, corrupt, or jumbled transmissions, service provider/Internet/web site/use net or phone accessibility or availability, traffic congestion, any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Any attempt by any person to obtain more than one entry by using multiple/different names, e-mail accounts, addresses, photos or any other methods shall void all of that person’s entries and that person shall be disqualified.
6. PHOTOGRAPHY: USE OF LIKENESS AND PROHIBITION OF MINORS IN SUBMISSIONS.
a. Use of Likeness: Entrant understands and agrees that Entrant’s photographs may be published to a variety of media via the Internet. Entrant’s submission of any photograph implies the consent of any person represented in the photograph for such publication. Sponsor may refuse entry of any photograph for which appropriately completed Model Releases are not provided to Sponsor. A Model Release may be found at www.choosecoloradoblog.com.
b. Prohibition of Minors in Submissions: Entrant understands that no photograph that contains a minor child will be accepted as a submission unless such photograph is accompanied by a signed release from that minor child’s parent or legal guardian. A Minor Model Release may be found at www.choosecoloradoblog.com.
7. PUBLICITY. As a condition of entry into the Contest, except where prohibited by law, each Entrant by entering, and each Prize Winner by accepting the Prize, grants to the Sponsor a perpetual, worldwide, royalty-free license and right to publicize, broadcast, display, and otherwise use Entrant’s name, city, state, and biographical material (collectively “Licensed Rights”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes without additional review, compensation, permission, or approval.
8. SELECTION OF WINNER. Two (2) potential Prize Winners will be selected; one for obtaining the greatest public votes; one for completing the most challenges. If more than one entrant completes the most challenges and/or obtains the greatest number of public votes for an entry, a random selection will be performed by the Sponsor in order to identify a winner in each category. Potential Prize Winners will be selected from all eligible entries received during the Contest Period. If multiple entrants obtain the greatest number of public votes and/or complete the most challenges, the Sponsor will perform a random drawing to select an eligible winner for each prize. The drawing will be conducted by Sponsor, the judge of the Contest, whose decisions on all matters relating to the Contest shall be final and binding. At the sole discretion of Sponsor, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a potential Prize Winner’s failure to respond to notification promptly after its transmission; (2) the return of an e-mail notification as undeliverable after three attempts; (3) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residence; (4) a potential Prize Winner’s failure to validly claim the prize by September 30, 2015; or (5) any other non-compliance with these Official Rules. In the event of prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
9. ODDS. Odds of winning in the Contest are dependent upon the number of valid entries received. No cash or credit redemption, assignment, transfer, or substitution of any prize or portion thereof is permitted; however, Sponsor reserves the right to substitute a prize of equal or greater value should the prize stated become unavailable for any reason.
10. PRIZE. Two (2) “Prizes” will be awarded in this Contest. Each prize will consist of one $500 Safeway grocery gift card with an Approximate Retail Value (“ARV”) of $500. The ARV of all prizes to be awarded in this Contest is $1000. All expenses not specifically mentioned herein are not included as part of any prize package and are solely the Prize Winner’s responsibility.
Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The Prizes will be awarded provided they are validly claimed by September 30, 2015, after which Sponsor may, in its sole discretion, award or not award any forfeited prize to an alternate winner. All taxes on the Prizes, if any, and other expenses related to accepting or using the Prizes not listed in these Official Rules are the sole responsibility of each Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Prize, if applicable. The Prizes will be shipped only to addresses in the United States. Use of the Prize may be subject to additional restrictions from Safeway, and the Prize may expire at the discretion of Safeway.
11. NOTIFICATION OF WINNERS. Each Contest winner will be notified in person, by telephone or by e-mail, following the end of the Prize Award Period, using the e-mail addresses or telephone numbers provided by Entrant at time of entry into the Contest. Sponsor will make such notification within 24 hours after the drawing (“Prize Award Period”). If a selected winner is not available to accept the Prize, Sponsor retains the right to revoke the Prize and select an alternate Winner through the same Contest process.
12. GENERAL RULES. Winner of Prize may be required to complete, execute, and return a Prize Acceptance Affidavit and Publicity and Liability Release within 10 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if a potential Prize Winner is found to be ineligible or not in compliance with these Official Rules, disqualification will result and an alternate winner may be selected. By accepting the Prize, where permitted by law, Winner grants to Sponsor and those acting pursuant to a grant of authority by Sponsor the unfettered right of publicity, including, but not limited to, the right to use and publish winner’s name, portrait, picture, voice, and likeness for advertising, trade, and promotional purposes without additional consideration, worldwide and on the world wide web, without notification, review or approval. All federal, state, and local laws and regulations apply. If any provision of the Contest is found to violate any federal, state, or local law, regulation or ordinance, the Contest shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Contest in any jurisdiction, Sponsor reserves the right to: (i) terminate the Contest in such jurisdiction in its entirety; and (ii) cancel and remove from participation in the Contest any or all entries from Entrants residing in such jurisdiction, without penalty and without obligation to any Contest Entrants. All entries become the property of the Sponsor. By entering, you acknowledge compliance with these Official Rules, including eligibility requirements, and you agree to all decisions of Sponsor and judges, which are final. Sponsor is not responsible for any computer, online, telephone, or technical malfunctions or delays that may occur, or for telecommunications, network, electronic, technical, or computer failures of any kind, including any damage to a user’s computer equipment, or for the incorrect or inaccurate capture of any entry information, or for failure of any e-mail or entry to be received by Sponsor for any reason. Incomplete, garbled, or unintelligible entries will be disqualified.
13. RELEASE AND PARTICIPANT OBLIGATIONS. In consideration for entering the Contest, each Entrant agrees to assume all risks associated with entrance in the Contest, acceptance, possession, use, or misuse of the prize, participation in any Contest related activity, and agrees to hold harmless, release, defend, and indemnify Colorado Department of Agriculture, Markets Division, Sponsor, Safeway, Facebook, Word Press their subsidiaries and affiliates, and their respective agents, employees, representatives, assignees, directors, officers, and shareholders (each a “Released Party”) from all liabilities, litigation, or claims for injury or death to persons or damage to property arising from acceptance, possession, use, or misuse of the prize, participation in any Contest-related activity, or participation in the Contest.
14. CHOICE OF LAW. All Entrants agree that any disputes that may arise hereunder shall be governed in all respects by the laws of the state of Colorado without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to such disputes shall be had in the state and federal courts of the state of Colorado. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
15. PERSONAL INFORMATION. The personal information collected through this Contest is subject to the Colorado Open Records Act, § 24-72-201, et seq. By entering this Contest, you agree to the potential release of your information as set forth in the Colorado Open Records Act.
16. OFFICIAL RULES. To obtain a copy of these Official Rules, send a self-addressed, stamped envelope to: Colorado Department of Agriculture, Markets Division, 305 Interlocken Parkway, Broomfield, CO 80021.