Official Rules – gnarzilla Contest

1.  Contest & Prize Description:  The Contest begins on 3/2/2010 at 10:00 PM Mountain Time (MT) and ends on 3/4/2010 at 10:00 PM MT.  At the end of the Contest, one Prize will be given out to a randomly selected Winner.

2.  PRIZE:  The Winner will receive Two (2) Dual Mountain Lift Tickets, which are valid for one day at either Winter Park or Copper Mountain during the 09/10 season.  Any travel-related or other expenses of any kind that may be associated with the Prize, including, but not limited to, ground transportation, meals, gratuities and incidental personal expenses, are solely the responsibility of the Winner. Sponsor will not replace any lost, mutilated, or stolen items relating to the Prize, including, but not limited to, tickets or certificates. Any difference between stated approximate retail value and actual value of Prize will not be awarded. The Winner must comply with all requirements that may accompany or be associated with use and enjoyment of the Prize.

3.  Contest Sponsor:  gnarzilla, Inc., P.O. Box 1982, Silverthorne, CO 80498 http://www.gnarzilla.com (hereinafter “Sponsor”). 

3.  PARTICIPANTS’ CONDUCT AND Agreement to Official Rules: Participation in this Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements of these Official Rules in a timely manner.  Sponsor reserves the right to disqualify any person it finds to be in violation of these rules.

4.  ELIGIBILITY:  Employees, directors, officers and agents of Sponsor as well as members of the immediate families (parent, child, sibling and spouse of each) or households of any of the above are prohibited from entering the Sweepstakes.  Additionally, the Contest is only open to legal residents of the State of Colorado, who are 13 years of age or older as of March 1, 2010. At its sole discretion, Sponsor may require any Participant to submit proof of eligibility as a contingency for award of the prize.  Entries from persons, who are ineligible or who cannot or will not provide proof of eligibility, are void.  Void where prohibited by law.

5.  HOW TO ENTER: No purchase necessary to enter or win. A purchase does not improve your chances for winning. A Participant is a natural person with eligibility as set forth in the Official Rules above, who submits at least one entry by completing the actions described in 5(a) and/or 5(b) below.

Participants may enter the Contest by completing any or all of the following actions:

(a) Using the Participant’s own Twitter account, the Participant shall do both of the following: (1) become a Follower at http://www.twitter.com/gnarzilla and remain such until 3/4/2010 at 10:00 PM MT; AND  (2) retweet the following tweet from http://www.twitter.com/gnarzilla before 3/4/2010 at 10:00 PM MT -  Chance to win 2 lift tix for a day at either @coppermtn or @winterpark  Follow/RT us on Twitter or Fan us on FB   #gnarzilla   bit.ly/aglNT7

AND/OR

(b)  Using the Participant’s own Facebook account, the Participant shall become a Fan at http://www.facebook.com/gnarzilla and remain such until 3/4/2010 at 10:00 PM MT.

Successful completion of the actions in 5(a) shall constitute one entry into the Contest.  Successful completion of the actions in 5(b) shall constitute one entry into the Contest.  By completing the actions in 5(a) and 5(b), a Participant can obtain a maximum of two total entries into the Contest.  While multiple retweets are welcome by Participants, they will not result in multiple entries into the Contest.

In sum, by completing the actions in 5(a) and 5(b), a Participant can obtain a maximum of two total entries into the Contest.  Limit of two (2) entries per person regardless of entry method.

Any attempted entry by any means except as permitted in these Official Rules, is void.  No third party entry or entry through sweepstakes service permitted. Sponsor and/or its agents are not responsible for any lost, late, misdirected or incomplete entries.  Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider, Internet, website accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.

Sponsor reserves the right to remove any entry it feels, in its sole discretion, is inappropriate or objectionable. If entry is removed by Sponsor, entry is automatically disqualified.

6.  OTHER GENERAL CONDITIONS:

In the sole discretion of Sponsor, Participants cannot be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Contest as described in these Official Rules and related materials.  Also in the sole discretion of Sponsor, Participants also cannot disparage the Sponsor or its employees, directors, officers and agents.  If a Participant acts in any of the preceding manners, Sponsor in its own sole discretion may remove and disqualify that Participant’s entry(ies) in the Contest.

Any attempt by an Participant to deliberately damage the website or undermine the legitimate operation of the Contest is in violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such Participant to the fullest extent permitted by law, including, without limitation, criminal prosecution.

Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify the Contest, if it becomes corrupted in any manner, or due to fraud or other occurrences beyond Sponsor’s control it cannot be conducted as originally planned. In the event of cancellation, Sponsor will award the prizes in a random drawing from all eligible entries received prior to cancellation.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

All activity arising out of and relating to Contest is subject to verification and/or auditing for compliance with the Official Rules and a Participant agrees to cooperate with Sponsor in any regard concerning verification and/or auditing. All references to an Participant’s status as a “Winner” are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or Participant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the Participant and remove the entry from Contest at any time.

Taxes on prize are solely the responsibility of Winner.

By participating in the Contest, the Winner must accept the terms and conditions of Sponsor as well as any rules concerning the Prize or attendant to using the Prize.  If the Winner refuses to comply in any manner, the Prize in its entirety is subject to forfeiture at Sponsor’s sole discretion.

7.  Winner Selection:

The Winner will be selected randomly from all eligible entries within 72 hours after 3/4/2010 at 10:00 PM MT.  Sponsor in its sole discretion shall deem which entries received are eligible, and Sponsor’s decisions in this regard shall be final and binding in all matters relating to the Contest. Odds of winning the Prize depend upon the number of eligible entries received.

8.  Winner Notification:

The Winner will be notified by Sponsor using direct message on either Twitter or Facebook (depending on how Winner submitted their entry).  The Winner is required to contact Sponsor via direct message on Twitter or Facebook to provide contact information (full name, email address, and physical or mailing address). Additionally, if requested by Sponsor in its sole discretion, the Winner shall provide Sponsor with proof of eligibility as set forth in the Official Rules. If the Winner does not contact Sponsor, provide contact information, and provide proof of eligibility (if requested), all within 7 days after 3/4/2010 at 10:00 PM MT, the Prize shall be considered unclaimed.  If the Prize is deemed unclaimed, an alternate Winner will be selected.

In case of dispute as to identity of a Participant, the Winner shall be declared of a natural person – using the e-mail address, phone number, or other identifying information associated with the Twitter or Facebook account utilized to submit the winning entry.  If Sponsor is unable to determine the identity of a Participant with certainty, Sponsor in its sole discretion and at any time reserves the right to remove that Participant’s entry. If a Participant’s entry is removed by Sponsor, that entry is automatically disqualified.

9.  USE OF NAME AND LIKENESS

By acceptance of the prize, the Winner consents to the use of his or her name and/or likeness for purposes of advertising or trade without further compensation, unless prohibited by law.

10.  LIMITATIONS ON LIABILITY – RELEASE – DISCLAIMERS

The following PROVISIONS shall apply to Sponsor and its affiliates, subsidiaries, agents, representatives and permitted assigns, and each of their respective directors, employees and officers, WHO SHALL HEREINAFTER BE COLLECTIVELY REFERRED TO AS “RELEASED PARTIES”

RELEASED PARTIES SHALL NOT BE responsible for: (a) any inaccurate information, whether caused by Participants, Released Parties, or otherwise; (b) unauthorized human intervention in any part of the Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable communications of any kind; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from a Participant’s participation in the Contest.

released parties EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST OR RELATED WEBSITES.  RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ALLEGED REPRESENTATIONS, GUARANTEES OR WARRANTIES MADE OR OFFERED BY RELEASED PARTIES, INCLUDING THOSE RELATED TO THE PRIZE.

BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, PARTICIPANTS agree to release, INDEMNIFY, AND HOLD Harmless RELEASED PARTIES, from any and all liability resulting from, or related to participation in the Contest, including, BUT NOT LIMITED TO, any liability arising from RELEASED PARTIES’ own negligence OR BASED ON ANY ALLEGED BREACH oF A WARRANTY OR REPPRESENTATION.

BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, All Participants AGREE And understand that PArticipating in the COntest, UTILIZING THE PRIZE, or TRAVEL in general, whether in civilized or remote areas and whether by plane, automobile, or other  conveyance, or by foot, on land and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature or other agencies, known or unknown. Winner understands that these risks may be present before, during and after PARTICIPATION IN THE CONTEST AND USING THE PRIZE. By participating in the CONTEST, Participants agree to RELEASE, indemnify and hold harmless RELEASED PARTIES, from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the CONTEST, or acceptance, possession, use, misuse or non-use of the prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages.

BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, Participants ALSO waive the right to assert as a cost of winning a prize any and all costs of redemption and any liability which might arise from redeeming or seeking to redeem said prize, or from use, misuse, acceptance or possession of said prize.

11.  DISPUTES:  By entering, Participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of the Participants, or the rights and obligations of 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 (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. By entering, Participants consent to the jurisdiction and venue of the state and local courts located in Summit County, Colorado, and Summit County, Colorado shall be the exclusive forum for any formal dispute resolution.

12.  DATA COLLECTION AND PRIVACY: Sponsor utilizes Twitter and Facebook platforms to obtain Contest entries and collects personal information from Participants in the Contest only to extent permitted by user’s settings on Twitter and Facebook platforms.  Winner name and likeness may be broadcast by Sponsor as per Section 9 above.  However, Sponsor will not release information that Winner has chosen to keep private on Twitter and Facebook platforms.  To better understand the Twitter privacy policy and Facebook privacy policy, please consult those service providers.

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