NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR. The “2019 Mammoth Summer Season Guest Survey Sweepstakes” (the “Sweepstakes”) is sponsored by Mammoth Mountain Ski Area, LLC (“Sponsor”) and the address at which the Sponsor may be contacted is Mammoth Mountain Ski Area, LLC, PO Box 24, 1 Minaret Rd., Mammoth Lakes, CA 93546; phone. 760-934-2571.
2. ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date, are permanent legal residents of the United States and the District of Columbia who are at least eighteen (18) years old. The Sweepstakes is void outside the United States and the District of Columbia and where prohibited or restricted by law. Employees, officers and directors of Sponsor, any prize suppliers, and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (including, without limitation, Alterra Mountain Company), and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
3. TIMING. The Sweepstakes entry period begins at 12:00 a.m. Pacific Time (“PT”) on May 7, 2019 and ends at 11:59 p.m. PT on October 31, 2019 (the “Entry Period”). Sponsor’s or its designee’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes, both of which are online. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
a. TO ENTER VIA GUEST SURVEY EMAIL: If you receive, complete and submit an online Mammoth Guest Survey (“Survey”) during the Entry Period, you will be entered in the Sweepstakes provided that you must complete the part of the Survey providing your contact information. Surveys are emailed to all guests who enter into certain transactions with Sponsor during a period prior to the end of the Entry Period.
b. TO ENTER AT THE MAMMOTH WEBSITE: During the Entry Period, visit Sponsor’s Sweepstakes webpage located at mammothmountain.com/guest-research/survey-sweepstakes and complete the online entry form and submit it in accordance with the on-screen instructions.
c. FOR ALL ENTRIES: LIMIT: One (1) entry per person (regardless of method of entry) in the Sweepstakes. You must complete all required information on the submitted entry form to be eligible to enter to win a prize. All entries, regardless of method of entry, must be received by Sponsor or its designee during the Entry Period. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, void, unintelligible, or misdirected entries, which will be disqualified. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the email address used to enter (if entry is through Sponsor’s website) will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of entry by Sponsor. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or any of its Sweepstakes partners. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, by executing and delivering to Sponsor or its designee by the time indicated by Sponsor or its designee any verification and background check authorization forms required by Sponsor or its designee.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, 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 the winner, and the awarding of the prize), which are final and binding in all respects.
6. PRIZE DRAWING; ODDS; NOTIFICATION.
a. PRIZE DRAWING: There will be one (1) Prize drawing in the Sweepstakes. All eligible entries in the Sweepstakes received by Sponsor or its designee during the Entry Period will constitute the pool of entries for the Prize drawing. The Prize drawing will occur on or about forty-eight (48) hours after October 31, 2019 and the potential winner will be announced at approximately the same time.
b. PRIZE DRAWING; ODDS: Sponsor or its designee will randomly select one (1) potential Prize winner by using the software designed for this purpose on the Sponsor’s computer. Odds of winning the Prize depend on the number of eligible entries received by Sponsor and its designee in the Sweepstakes. A selected entrant must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
c. NOTIFICATION: A potential winner may be notified by either phone, mail, courier, or email. The potential winner will be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collectively, an “Affidavit/Release”) in the form(s) provided by Sponsor or its designee in order to claim his/her Prize, The Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor and its designee for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor or its designee as described above. Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s notification or the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Sweepstakes or any prize without the express prior written permission of Sponsor.
7. PRIZE. Subject to the terms and conditions of these Official Rules, one (1) Prize will be awarded in this Sweepstakes, consisting of a Prize getaway vacation for two (2) people during the 2019-20 ski season at the Mammoth Mountain Resort which shall include two (2) nights lodging for two (2) people at the Mammoth Mountain Inn in one (1) room with either one (1) King or two (2) Double size bed(s) (valid Sunday through Thursday nights only, subject to availability and blackout dates listed below), and six (6) lift tickets valid for three (3) days consecutive skiing or snowboarding at Mammoth Mountain Resort during the 2019/20 ski season (lift tickets subject to the terms, conditions, limitations and restrictions thereof (the “Prize”). The approximate ARV of the Prize getaway vacation is US$1,000.
The Prize is subject to the following additional requirements and restrictions:
Winner and winner’s guest(s) must travel on the same itinerary and on dates and at times specified by Sponsor. All prize activities must be taken and completed by April 30, 2020. All reservations are subject to availability and subject to blackout dates, which include December 21, 2019 – January 5, 2020, January 20-21, 2020, February 17-18, 2020. All costs and expenses not specified herein, related to the prize or the use thereof, including but not limited to airfare, ground transportation, additional lodging, meals, beverages, equipment rentals, lodge/hotel amenities (unless expressly stated as part of a prize), taxes and assessments (including, without limitation, income taxes, departure taxes, ticket taxes and customs user fees), gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner. Winner’s companion must, as of the date of travel, be a legal resident of the United States and eighteen (18) years of age or older; provided, that a companion under eighteen (18) years old may accompany the winner, if the winner is the parent or legal guardian of such minor or separate arrangements have been made, at winner’s cost, to bring a parent or legal guardian. Winner’s companion must execute and deliver to Sponsor a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release in the form(s) provided by Sponsor by the date indicated for return on the document(s) as a condition to booking or use of any component of the prize; which documents must also be executed by the accompanying parent or legal guardian for any minor companion on behalf of such parent or legal guardian and on behalf of the minor companion.
The Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. The Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISK OF USING THE PRIZE INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE OR DEATH. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the Prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the Prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with the Prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the Prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of the Prize. Winner waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem the Prize. If a winner is a minor in his/her jurisdiction of primary residence, the Prize may be awarded to the minor’s parent or legal guardian who must assume all responsibilities of the Prize winner. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of the Prize, in which case, no consideration will be awarded.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, attribution, notice, review or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right to require entrants to complete, execute and deliver to Sponsor additional documents at any time as required, in the forms provided, and within the timeframe required by Sponsor, or the entrant and participants may be disqualified. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award Prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion 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 these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATION OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
12. DISPUTES. Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal courts located in the Central District of California or state courts located in Mono County, California; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. OFFICIAL RULES. These Official Rules are available at the Sweepstakes website located at mammothmountain.com/guest-research/survey-sweepstakes-official-rules or by sending a self-addressed postage-stamped envelope to “2019 Mammoth Summer Season Guest Survey Sweepstakes – Rules Request,” c/o Mammoth Mountain Resort PO Box 24, 1 Minaret Rd., Mammoth Lakes, CA 93546 Attn: Ashley Hofman. Vermont residents may omit return postage.
15. WINNER’S LIST. To request a list of the Sweepstakes winner, send a self-addressed postage-stamped envelope to “2019 Mammoth Summer Season Guest Survey Sweepstakes - Winners List Request,” c/o Mammoth Mountain Resort PO Box 24, 1 Minaret Rd., Mammoth Lakes, CA 93546 Attn: Ashley Hofman. Requests must be received by December 30, 2019.