Alterra Mountain Company

Ikon™ Pass “It’s Not Winter” Contest

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.

1.              SPONSOR.  The “Ikon™ Pass It’s Not Winter” Contest (the “Contest”) is sponsored by Alterra Mountain Company, 3501 Wazee Street, Suite 400, Denver, Colorado 80216 (“Sponsor”). None of Ikon Pass, Inc., Banff Ski School, Ltd.; Big Sky Resort, LLC; Boyne USA; Brighton Resort, LLC; Crystal Mountain, Inc.; Deer Valley Resort Company, LLC; Killington/Pico Ski Resort Partners, LLC;  Kosciuszko Thredbo Pty Ltd; Mammoth Mountain Ski Area, LLC; Mont Tremblant Resorts and Company, LP; Northland Properties Corp.; Powdr – Copper Mountain, LLC; POWDR Corp.; Revelstoke Mountain Resort; Snowshoe Mountain, Inc.; Solitude Mountain Ski Area, LLC; Squaw Valley Ski Holdings, LLC;  nor Thredbo Resort Centre Pty Limited (collectively, the “Prize Providers”) are sponsors or administrators of the Contest, the Contest is in no way endorsed by any of them, and they shall have no responsibility or liability with respect to the Contest.

2.              THEME.  Take one (1) creative and original still photograph which shows how you are waiting for winter (for example, wearing your ski goggles at work).

3.         ENTRY PERIOD.  The Entry Period for the Contest shall begin at approximately 9:00 a.m. Mountain  Time (“MT”) on Wednesday, July 17, 2019 and shall end at 11:59 p.m. MT on Saturday, August 17, 2019 (the “Entry Period”). Sponsor’s computer is the official timekeeper for the Contest.

4.         ELIGIBILITY.  The Contest is only open to entrants who, as of the date of entry, are legal residents of the fifty (50) United States (excluding Florida, New York and Rhode Island) and the District of Columbia and are at least eighteen (18) years old. The Contest is void where prohibited or restricted by law. Employees, officers and directors of Sponsor, the Prize Providers, and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, 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 or director, are not eligible to enter or participate. The Contest and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the United States or District of Columbia at the time they enter.

5.         HOW TO ENTER; SUBMISSION OF ENTRY MATERIALS; PHOTO ENTRY REQUIREMENTS. The purchase of an Ikon™ Pass is not a requirement to enter the Contest and the purchase of an Ikon™ Pass will not increase your odds of winning. There is only one (1) way to enter the Contest, which is online:

a.     To enter the Contest, entrants must take one (1) still photo that conveys the theme of the Contest, as stated above (each, a “Photo Entry” and collectively, “Photo Entries”). Entrants must then (i) submit the photo via Instagram, Twitter, or upload the photo to https://lifted.ikonpass.com/its-not-winter/ (the “Contest Website” and together with the Instagram and Twitter sites, the “Entry Websites”) using the hashtag “#ItsNotWinter” and tagging @ikonpass and (ii) complete the entry form, including full name and email address. The Contest may only be entered by posting to the Entry Websites, not to Sponsors’ Facebook page or any other website. To post to Instagram or Twitter, you must be a registered member of the Instagram website located at www.instagram.com or the Twitter website located at www.twitter.com and in compliance with the posted terms and conditions for use of the website selected. Membership on Instagram and Twitter is free and can be obtained by visiting the applicable website and following the onscreen instructions to register for and open an account.  An entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the participant’s Instagram or Twitter account and your profile on the website you use, either Instagram or Twitter or both, must be public. Other information on entering the Contest is available at the Contest Website. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. 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. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.

b.   Photo Entries must conform to the Photo Entry requirements in Section 5(c) below.  ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.  Normal Internet access and usage charges imposed by entrant’s online service will apply. 

c.   Each Photo Entry must meet the following requirements, compliance with which shall be as determined by Sponsor in its sole discretion:

i.          The Photo Entry must: (1) convey the Contest theme in an original and creative way and (2) have (a) been posted to Instagram or Twitter using the hashtag “#ItsNotWinter” and tagging @ikonpass during the Entry Period or (b) have been posted to the Contest Website;

            ii.         If a person is included, it may only feature the entrant (i.e., no other people may be featured in the Photo Entry), and must NOT include, depict or feature third parties, unless they are not recognizable (as determined by Sponsor in its sole discretion).  For photos where individual persons can be recognized, you must secure a model release from the subject or the approval of a parent or guardian if the individual is under 18 years of age. Releases will need to be provided to Sponsor upon request;

            iii.         It must be a digital photo of a size and format as will permit uploading to the Entry Websites.  See the Instagram or Twitter websites for additional information on upload requirements for those sites.  NOTE:  In addition to being subject to these Official Rules, all Contest activities by an entrant are subject to the terms and conditions of the Entry Websites (including, without limitation, the respective privacy policies), as posted from time to time thereon;

            iv.         It must be suitable for a public forum, and in keeping with Sponsor’s positive family friendly image, and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion.  Without limiting the foregoing, a Photo Entry must not contain any profanity, nudity or lewd gestures;

            v.         It must be entirely original to the entrant, and must NOT include any mention or performance of any copyrighted media production, including, without limitation, music, films, books, television programming, etc., or identifying descriptions of any media property;

            vi.         It must NOT infringe, misappropriate or violate any right of any third party, including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity, and must NOT incorporate or include anything (e.g., third party names, marks or logos) that would require the consent of any third party for the use of the Photo Entry by Sponsors or any of their designees; and

            vii.        It must NOT have been previously published, submitted to another contest, won any other award, been broadcast on a media network, or submitted to any entertainment entity.

Additionally, Photo Entries are subject to Sponsor’s and the Entry Websites’  terms and conditions regarding user generated content, which if not set forth on those websites is set forth in Section 16 below.

      d.  Without limiting the generality of Section 16 below or any applicable terms and conditions of the Instagram website, Twitter website and Contest Website each entrant agrees that Sponsor and each of its respective  successors, designees and assigns shall each have the perpetual, royalty-free, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s Photo Entries and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any Photo Entry or submission (or any part thereof) or information or ideas contained within any Entry or submission, all without payment, notice, attribution, consideration or consent.  Such use includes, without limitation, the right to use the Photo Entries and Photo Entry materials on Sponsor’s and its respective designees websites and social media outlets (the timing of any posting shall be as determined by Sponsor in its sole discretion, and there is no guarantee a Photo Entry will be used).  Sponsor does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary.  SPONSOR AND ITS RESPECTIVE DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS FOR ANY REASON PRIOR TO USE.

e. Each Photo Entry and all Photo Entry materials must be posted on one or more of the Entry Websites during the Entry Period. Each Entry must include: (i) all required registration information; (ii) a valid email address, and (iii) a Photo Entry as described above. Failure to post all required information and submissions in the manner required in these Official Rules may result in disqualification. ENTRY MATERIALS (INCLUDING PHOTO ENTRIES) WILL NOT BE ACKNOWLEDGED OR RETURNED, AND, IN FACT, MAY BE DELETED OR DESTROYED.  RETAIN COPIES OF WHATEVER YOU SUBMIT.  All entrants, participants and entries are subject to verification by Sponsor.  Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified.

6.         FOR ALL ENTRIES.  LIMIT: One (1) entry per person, per Entry Website (i.e., the same photo may be entered one (1) time on each of Instagram, Twitter, and the Contest Website). Sponsor will not be responsible for incomplete, lost, late, misdirected or illegible registration or failure to receive registration. Any entry that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified. 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.

7.              AGREEMENT TO OFFICIAL RULES AND DECISIONS. 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. Entrants and winners must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements.

8.         SELECTION OF WINNERS; NOTIFICATION.

a.              Selection of Winners. Winning Photo Entries will be selected through public votes on the Contest Website. The three (3) Grand Prize winners will be determined by the number of public “likes” (votes) collected and tallied on the Contest Website; only one “like” (vote submission) per person, per day, per Entry Website and only once per Photo Entry. Voting for the same Photo Entry more than once (regardless of Entry Website) will subject all votes from such active email address to disqualification. Entrants may NOT vote for their own Photo Entry and doing so will subject their Photo Entry to disqualification. In the event of a tie between two (2) or more top Photo Entries, additional voting time will be added by Sponsor in its sole discretion (in 48-hour increments), until the tie is broken. The Photo Entry with the highest number of  votes will be eligible to win the First Grand Prize (as defined below), the Photo Entry with the next to the highest number of votes will be eligible to win the Second Grand Prize (as defined below), and the Photo Entry with the third highest number of votes will be eligible to win the Third Grand Prize (as defined below).

            b.         Notification. Three (3) potential Grand Prize winners will be notified via submission emails on or about August 19, 2019.  A 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 (collective, an “Affidavit/Release”) in the form(s) provided by Sponsor or its designee in order to claim the prize.  The Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within the Affidavit/Release.  If a 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 a potential winner is found to be ineligible, or if a potential winner does not comply with these Official Rules, then the potential winner may be disqualified and an alternate potential winner determined by Sponsor in his/her place from among all eligible non-winning runner-up entries received by Sponsor for the Contest that are within the entry pool described above.  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 as described above; provided, however, Sponsor may alter the above timing to meet its Contest schedule. Sponsor is not responsible for the failure of a potential winner to receive 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 Contest or any prize without the express prior written permission of Sponsor.

9.              PRIZES; PRIZE REDEMPTION. Subject to the terms and conditions of these Official Rules, three (3) Grand Prizes will be awarded in this Contest. LIMIT: One (1) Prize per person or household.

·       The First Grand Prize consists of and is limited to the Thredbo Alpine Resort Prize Package described below, winner’s choice of one (1) of the resort prize packages listed below (each a “resort prize package”), and a gift card for the resort corresponding to winner’s selected resort prize package with a value of USD$250.00 (subject to the terms, conditions and restrictions thereof) (the “First Grand Prize”). The ARV of the First Grand Prize is the aggregate ARV of the Thredbo Alpine Resort Prize Package, the resort prize package selected by winner, and the applicable resort gift card.

Thredbo Alpine Resort Prize Package (First Grand Prize winner ONLY): Two (2) nights’ lodging for one (1) person at the Tredbo Alpine Hotel located at Thredbo Alpine Resort in New South Wales, Australia (restrictions apply; blackout dates as determined by Sponsor in its sole discretion) and a Thredbo Alpine Resort gift card with a value in the USD equivalent of AUD$200.00 (subject to the terms, conditions and restrictions thereof). The ARV of the Thredbo Alpine Resort Prize Package is USD $2,500.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Thredbo Alpine Resort Prize Package must be used by October 5, 2020. Blackout dates for the Thredbo Alpine Resort Prize Package are defined as July 3-20, 2020. Winner must contact Mitchell Stephenson at mitchell_stephenson@evt.com to redeem the Thredbo Alpine Resort Prize Package.

·       The Second Grand Prize consists of and is limited to winner’s choice of one (1) of the below resort prize packages remaining after the First Grand Prize winner has selected his/her resort prize package and a gift card with a value of USD$150.00 for the resort corresponding to winner’s selected resort prize package (the “Second Grand Prize”). The ARV of the Second Grand Prize is the aggregate ARV of the resort prize package selected by winner, and the applicable resort gift card.

·       The Third Grand Prize consists of and is limited to winner’s choice of one (1) of the below resort prize packages remaining after the First Grand Prize winner and the Second Grand Prize winner have each selected their resort prize packages (the “Third Grand Prize”). The ARV of the Third Grand Prize is the ARV of the resort prize package selected by winner.

Big Sky Resort Prize Package: Two (2) nights’ lodging in one (1) room at the Summit Hotel located at Big Sky Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Big Sky Resort Prize Package is USD$600.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Big Sky Resort Prize Package must be used by April 30, 2020. Blackout dates for the Big Sky Resort Prize Package are defined as December 23, 2019 – January 4, 2020. Winner must contact Shelby Thorlacius at sthorlacius@bigskyresort.com to redeem the Big Sky Resort Prize Package.

Brighton Resort Prize Package: Two (2) nights’ lodging in one (1) room at The Brighton Lodge located at Brighton Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Brighton Resort Prize Package is USD$300.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Brighton Resort Prize Package must be used by April 30, 2020. Blackout dates for the Brighton Resort Prize Package are defined as December 23, 2019 – January 4, 2020; January 18-20, 2020; and February 15-17, 2020. Winner must contact Jared Winkler at jwinkler@brightonresort.com to redeem the Brighton Resort Prize Package.

Copper Mountain Resort Prize Package: Two (2) nights’ lodging in one (1) room at a Copper Mountain Resort Lodging property (as selected by Sponsor in its sole discretion) located at Copper Mountain Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Copper Mountain Resort Prize Package is USD$750.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Copper Mountain Resort Prize Package must be used by April 19, 2020. Blackout dates for the Copper Mountain Resort Prize Package are defined as December 21, 2019 – January 5, 2020; January 17-20, 2020; February 15-23, 2020; and March 7-14, 2020. Winner must contact Stephanie Sweeney at ssweeney@coppercolorado.com to redeem the Copper Mountain Resort Prize Package.

Crystal Mountain Prize Package: Two (2) nights’ lodging in one (1) room at Crystal Hotels located in the base area of Crystal Mountain (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion) and four (4) one-day adult lift tickets (lift tickets subject to terms, conditions and restrictions thereof). The ARV of the Crystal Mountain Prize Package is USD$810.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Crystal Mountain Prize Package must be used by April 30, 2020. Blackout dates for the Crystal Mountain Prize Package are defined as December 13, 2019 – January 1, 2020; January 17-20, 2020; and February 14-17, 2020. Winner must contact Brianna Stoutenburgh at bstoutenburgh@skicrystal.com to redeem the Crystal Mountain Prize Package.

Deer Valley Resort Prize Package: Two (2) nights’ lodging in one (1) room  at a Deer Valley Resort Lodging property (as selected by resort in its sole discretion) at Deer Valley Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion).The ARV of the Deer Valley Resort Prize Package is USD$1,000.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Deer Valley Resort Prize Package must be used by April 1, 2020. Blackout dates for the Deer Valley Resort Prize Package are defined as December 26-31, 2019; January 18-19, 2020; and February 15-16, 2020. Winner must contact Ryan Mayfield at rmayfield@deervalley.com to redeem the Deer Valley Resort Prize Package.

Killington Resort Prize Package: Two (2) nights’ lodging in one (1) room at the Killington Grand Hotel located at Killington Resort (restrictions apply; blackout dates as determined by Sponsor in its sole discretion). The ARV of the Killington Resort Prize Package is USD$1,085.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Killington Resort Prize Package must be used by April 30, 2020. Blackout dates for the Killington Resort Prize Package are defined as November 25 – December 1, 2019; December 20, 2019 – January 1, 2020; January 17-19, 2020; and February 14-22, 2020. Winner must contact Jordan Spear at jspear@killington.com to redeem the Killington Resort Prize Package.

Mammoth Mountain Ski Area Prize Package: Two (2) nights’ lodging in one (1) room at Mammoth Mountain Inn located at Mammoth Mountain Ski Area (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Mammoth Mountain Ski Area Prize Package is USD$400.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Mammoth Mountain Ski Area Prize Package must be used by April 30, 2020. Not valid for Saturday arrivals or departures. Blackout dates for the Mammoth Mountain Ski Area Prize Package are defined as December 23, 2019 – January 4, 2020; January 18-20, 2020; and February 15-17, 2020. Winner must contact Justin Romano at jromano@mammothresorts.com to redeem the Mammoth Mountain Ski Area Prize Package.

Mont Tremblant Ski Resort Prize Package: Two (2) nights’ lodging in one (1) room at one of the Les Suites Tremblant hotels (as selected by resort in its sole discretion) located at Mont Tremblant Ski Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Mont Tremblant Ski Resort Prize Package is USD$307.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Mont Tremblant Resort Prize Package must be used by April 30, 2020. Winner must contact social@tremblant.ca to redeem the Mont Tremblant Ski Resort Prize Package.

Revelstoke Mountain Resort Prize Package: Two (2) nights’ lodging in one (1) room at the Sutton Place Hotel located at Revelstoke Mountain Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Revelstoke Mountain Resort Prize Package is USD$1,000.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Revelstoke Mountain Resort Prize Package must be used by the closing day of the 2019/2020 winter season. Blackout dates for the Revelstoke Mountain Resort Prize Package are defined as December 22, 2019 – January 7, 2020 and February 1-28, 2020. Winner must contact Carly Moran at cmoran@revelstokemountainresort.com to redeem the Revelstoke Mountain Resort Prize Package.

SkiBig3 Prize Package: Two (2) nights’ lodging in one (1) room at either the Moose Hotel & Suites or the Banff Caribou Lodge (as selected by resort in its sole discretion) located at SkiBig3 (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the SkiBig3 Prize Package is USD$460.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The SkiBig3 Prize Package must be used by May 3, 2020. Blackout dates for the SkiBig3 Prize Package are defined as December 19, 2019 – January 4, 2020 and February 14-23, 2020. Winner must contact Amy Bown at amy@skibig3.com to redeem the SkiBig3 Prize Package.

Snowshoe Mountain Resort Prize Package: Two (2) nights’ lodging in one (1) room at Allegheny Springs located at Snowshoe Mountain Resort (restrictions apply; blackout dates as determined by Sponsor in its sole discretion). The ARV of the Snowshoe Mountain Resort Prize Package is USD$360.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Snowshoe Mountain Resort Prize Package must be used by April 1, 2020. Blackout dates for the Snowshoe Mountain Resort Prize Package are defined as December 23, 2019 – January 4, 2020; January 18-20, 2020; and February 15-17, 2020. Winner must contact Shawn Cassell at scassell@snowshoemountain.com to redeem the Snowshoe Mountain Resort Prize Package.

Solitude Mountain Resort Prize Package: Two (2) nights’ lodging at Solitude Mountain Inn located at Solitude Mountain Resort (restrictions apply; blackout dates as determined by Sponsor in its sole discretion). The ARV of the Solitude Mountain Resort Prize Package is USD$400.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Solitude Mountain Resort Prize Package must be used between November 23, 2019 and April 19, 2020. Blackout dates for the Solitude Mountain Resort Prize Package are defined as December 26-31, 2019; January 18-20, 2020; and February 15-17, 2020. Winner must contact Stefanie Schulz at s.schulz@solitudemountain.com to redeem the Solitude Mountain Resort Prize Package.

Squaw Valley Resort Prize Package: Two (2) nights’ lodging in one (1) room at the Village at Squaw Valley Hotel located at Squaw Valley Resort (restrictions apply; non-holiday, based on availability, blackout dates as determined by Sponsor in its sole discretion). The ARV of the Squaw Valley Resort Prize Package is USD$650.00. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor. The Squaw Valley Resort Prize Package must be used by April 30, 2020. Winner must contact Amy Benzyk at abenzyk@squawalpine.com to redeem the Squaw Valley Resort Prize Package.

Total ARV of all Prizes to be awarded in the Contest is depends on the prizes selected by winners.

The Grand Prizes are subject to the following additional requirements and restrictions:

Actual ARV depends on lodging rates and, if applicable, currency exchange rates, at the time of booking; if actual ARV is less than the stated ARV in these Official Rules, the difference will not be awarded in cash or other consideration. 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.  If applicable, 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.  Each of winner and 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) prior to travel booking and travel documents being issued 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. Prize winner and his/her companion are responsible for obtaining and providing proper travel and citizenship documentation in order to travel in connection with use of the prize, which may include passports, driver’s licenses and other valid photo identifications. Those without proper travel and citizenship documentation may be denied boarding and use of the prize, in which case no consideration will be awarded. 

Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit.  Prizes must be accepted as awarded.  To the fullest extent permitted by applicable law, prize is awarded “AS IS” with no warranty, condition, 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 OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISKS OF USING THE PRIZE, INCLUDING PERSONAL INJURY OR DEATH. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute the prize (or a component thereof) with another prize of comparable 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 prize award, redemption, receipt and use not specified in the prize description above, 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.  Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of the prize, in which case, no consideration will be awarded. 

10.       PUBLICITY.  Except where prohibited by law, acceptance of the prize 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 and state for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

11.       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 may be disqualified. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, 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 Contest.  In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prize 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 Contest 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 Contest may be 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. 

12.       RELEASE.  By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, all of the Prize Providers, and each of their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and any other prize suppliers, and all of their respective employees, officers, directors, shareholders and agents (collectively, the “Released Parties”) 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 Contest and/or entrant’s award, receipt or use of any prize awarded in the Contest.

13.       LIMITATIONS 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 Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest 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 Contest or receipt or use of any prize, 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.

14.       DISPUTES.  Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in  state or federal courts located in Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado 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 in connection with entering this Contest but in no event legal or 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 costs, 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 Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.

15.       DATA COLLECTION.  Entrants provide personal information to Sponsor and its designees when they enter this Contest.  Sponsor collects this information and uses it to (a) administer this Contest and (b) for market research and other marketing purposes.  Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf.  For more information about the ways Sponsor uses and shares personal information collected online through its website, please see the Privacy Policy of Sponsor located at https://www.alterramtnco.com/privacy-policy/. In the event of any conflict between the Privacy Policy and these Official Rules, these Official Rules shall govern.

16.       USER GENERATED CONTENT.  In the event that any of the websites to be used in the Contest do not contain “Terms and Conditions” (or similar terms) addressing User Generated Content (as defined below), the following terms and conditions shall apply to all Entries and use of such websites.  In all cases where such websites do contain terms of use and other terms and conditions addressing User Generated Content, such terms and conditions shall supersede the following to the extent addressed by the terms and conditions on the particular website, and all entrants and Entries must comply with all such websites’ terms of use and terms and conditions without exception or the Entry will be disqualified and the violating entrant may be subject to liability on account of such violation(s).

Certain sections of the websites to be used in this Contest (“Sites”) allow you to submit or upload reviews, videos, photographs, or other content for viewing by the general public (collectively “User Generated Content”).

You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on the Sites. Under no circumstances will Sponsors or the operator of any other Site be liable in any way for any User Generated Content posted to such Sites. Such User Generated Content may be posted on or accessed through such Sites in their respective sole discretion.

Because the Sites do not control the User Generated Content posted on such Sites, they cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing such Sites, you may encounter User Generated Content that you may consider to be objectionable. No Site shall have any responsibility for any User Generated Content, including without limitation any errors or omissions therein. Such Sites are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on such Sites, whether by Sponsors, Site operators, individual users of the Sites, or third party contractors or licensors.

You own User Generated Content you submit, but we may use it. If any User Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Sites, you are granting the applicable Site owners and their subsidiaries, affiliates, successors, assigns and designees, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.

Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through the Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through the Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.

Each Site may disclose and/or remove User Generated Content. Each Site reserves the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. Each Site also reserves the right, but does not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in its sole discretion. In addition, each Site reserves the right, but does not assume the obligation, to terminate your access to and use of such Site, or to censor, edit or block your transmissions thereto, in its sole discretion. You agree that the exercise by a Site of such discretion shall not convert or transform User Generated Content to Content owned or provided by such Site, and the user who made such User Generated Content available on the Site will retain ownership thereof as described above.

It is a condition of these Terms and Conditions that you do not:

•          post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;

•          post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

•          post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission in writing or (ii) that person is fewer than eighteen (18) years old but you are his/her parent or legal guardian;

•          post or transmit any User Generated Content soliciting any personal or private information from any individual;

•          post or transmit any User Generated Content which contains a virus or other harmful component; or

•          post or transmit any User Generated Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.

By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content  you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.

The following is a link to Instagram’s Terms of Use:

http://instagram.com/about/legal/terms/#

The following is a link to Twitter’s Terms of Service:

https://twitter.com/tos?lang=en

All entries posted to Twitter must be in compliance with their Terms of Service and Community Guidelines.  All entries posted to Instagram must be in compliance with their Terms of Use. For all Entries posted to Twitter or Instagram, in the event of any conflict between these Official Rules and the Twitter Terms of Service or the Instagram Terms of Use, as the case may be, for all such Entries the applicable Twitter Terms of Service or Instagram Terms of Use will control.  

17.           OFFICIAL RULES.  These Official Rules are available by sending a self-addressed postage-stamped envelope to “Ikon Pass It’s Not Winter Contest – Rules Request” c/o Alterra Mountain Company, 3501 Wazee Street, Suite 400, Denver, Colorado 80216, Attn: Katie Steinharter.  Vermont residents may omit return postage.

18.       WINNER’S LIST.  To request a list of the Contest winners, send a self-addressed postage-stamped envelope to “Ikon Pass It’s Not Winter Contest – Rules Request” c/o Alterra Mountain Company, 3501 Wazee Street, Suite 400, Denver, Colorado 80216, Attn: Katie Steinharter. Requests must be received by October 18, 2019.