NO PURCHASE NECESSARY TO ENTER OR WIN. Begins on September 15, 2014 at 12:01 am PST & ends on November 9, 2014 at 11:59 pm PST. Open to all legal U.S. residents residing in the fifty (50) United States of America and the District of Columbia, who are at least eighteen (18) years of age or older. Minor entrants must get a parent or legal guardian’s permission to participate. See Official Rules at toasty.tv/ultimate/rules for full details. Void in Guam, PR, US VI, all US territories & where restricted or prohibited by law. Sponsor: Hyfn, Inc.
Dew Tour Breckenridge Sweepstakes, brought to you by Quiznos®
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCE OF WINNING. The following promotion is intended for participants in the United States of America only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the fifty (50) states of the United States or not currently located in the United States. Void in Guam, the U.S. Virgin Islands, Puerto Rico and where prohibited or restricted by law. This Sweepstakes is not sponsored, endorsed or administered by Facebook. In order to enter via Facebook Connect, participants must have a Facebook account, which is available free of charge at www.facebook.com and must comply with the rules and requirements of Facebook, which are available at https://www.facebook.com/legal/terms. Entrant(s) are providing information to Sponsor.
1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. Dew Tour Breckenridge Sweepstakes, brought to you by Quiznos (the “Sweepstakes”) begins on September 15, 2014 at 12:01 am Pacific Standard Time (“PST”) and ends on November 9, 2014 at 11:59 pm PST (“Sweepstakes Period”). The Sweepstakes provides eligible entrants (each, an “Entrant” and collectively, “Entrants”) with the opportunity to enter the Sweepstakes (the “Submission”) to potentially win the prize(s) set forth in Section 4 hereto (the “Prize(s)”). The sponsor of this Sweepstakes is Hyfn, Inc. (“Sponsor”).
2. ENTRANT & SUBMISSION ELIGIBILITY: In order for an Entrant to participate in the Sweepstakes and to be considered as a potential winner of the Sweepstakes (a “Winner” or “Winners”), the Entrant and the Submission must meet the following eligibility criteria:
• Entrant must be at least eighteen (18) years of age at the time of entry;
• Entrant must be a legal United States resident physically residing within the fifty (50) United States of America or the District of Columbia;
• Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must have their parent or legal guardian’s permission to participate in the Sweepstakes. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a Winner and any Prize can be awarded;
• Entrant must NOT be under any contractual obligation that would conflict with this Sweepstakes;
• Entrant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for the Sweepstakes in compliance with these Official Rules;
• Entrant must be the rightful owner of each social media account associated with the Sweepstakes entry and Submission; and
• Officers, directors, employees, agents and representatives of Sponsor, PepsiCo, Inc., Pepsi-Cola Company and its bottlers, QAFT Inc., as Trustee, QCE LLC or Windowseat Inc. and each of their respective parent, subsidiaries, affiliated and related companies or agencies, and/or any person or company working directly on the Sweepstakes (collectively, the “Sweepstakes Entities”), together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three months a year, whether or not related; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.
Submissions are subject to the following Content Restrictions:
• Submission should not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation. For example, Submission should NOT contain reference to sport team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies.
• Submission should NOT include third parties/people who have not expressly authorized in writing the Entrant to feature their name, image, likeness or voice in the Submission or otherwise use such name, image, likeness or voice in accordance with these Official Rules. If applicable, selected Winners may be required to verify such authorization in the form of a release.
• Submissions should NOT contain subject matter which is, or could be considered, in the sole discretion of Sweepstakes Entities, obscene, pornographic, violent (e.g., relating to assault, murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
• Submission should NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and
• Submissions must NOT contain any derogatory references to any Sweepstakes Entities.
Sweepstakes Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which Submissions have satisfied the eligibility requirements.
3. HOW TO ENTER: Entrants must enter the Sweepstakes at toasty.tv/ultimate/.
Limit two (2) entries per person per day of the Sweepstakes Period. Any deliberate attempt to manipulate the entry process or produce entries in excess of the limitation may result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address and/or phone number used for entry. Incomplete, unreadable, or unintelligible entries will be disqualified, as determined in the sole discretion of the Sponsor. Entrants must provide all information requested on an entry form to be eligible to win. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. As part of the process, Entrants may be required to submit certain information, which may include, but not be limited to, their name, username, address, telephone number, date of birth, email address, and any other information required by the Sponsor. Participation in the Sweepstakes constitutes Entrant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
Grand Prize – Round trip VIP experience (Approximate Retail Value (“ARV”) – approx. $5,000)
• Four (4) day, three (3) night accommodations for two (Winner and guest) in a double occupancy room in Breckenridge, Colorado. Check in December 11, 2014 checkout December 14, 2014.
• Meet and greet w/ Danny Davis and Scotty Lago for Winner and guest.
• Three (3) days of lift passes.
• Airfare and transportation to/from airport for two (Winner and guest).
• $2,000 in VISA gift cards.
2nd Prize (ARV – Approx. $2,250)
• Snowboard autographed by Danny Davis and Scotty Lago.
• iON POV camera.
• Winter Apparel Package.
• $1,000 in VISA gift cards.
3rd Prize (ARV – $750)
• Winter Apparel Package.
• $500 VISA gift card.
Total Cumulative Sweepstakes ARV: $8,000.00.
ARV of Prizes may vary. ARV will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. PRIZE WINNERS WILL NEED TO BE AVAILABLE TO TAKE TRIP AS SET FORTH ABOVE OR THE PRIZE WILL BE FORFEITED AND NO ADDITIONAL COMPENSATION WILL BE AWARDED. The airline for the grand prize Winner will be selected by Sponsor in its sole discretion. Airline carrier’s regulations and conditions apply. Trip is subject to air travel/hotel availability, holiday and blackout dates, and other restrictions/conditions and must be booked at least thirty (30) days prior to the date of departure. Once trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets or travel vouchers. Other than as expressly set forth above grand prize Winner is solely responsible for all incidentals, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare will be charged to the grand prize Winner from stopover point for the remaining segments, including return, of the trip. Grand prize Winner must have and is solely responsible for obtaining all necessary identification and/or travel documents required for travel and hotel stay, including, but not limited to, a valid U.S. driver’s license, credit card or government issued ID. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If, in the judgment of Sponsor, air travel is not required due to the proximity of the grand prize Winner’s residence to the destination, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Airline tickets and hotel accommodations are subject to the rules and regulations of the applicable issuer.
By entering this Sweepstakes and accepting the Prize, Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or prize-related activity, including, without limitation the trip. The Winners understand and agree that the Sweepstakes Entities and other prize providers have the right, in their sole discretion, to disqualify and remove the Winners or guests from any activity at any time if the Winners’ or guests’ behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of a Sweepstakes Entity or otherwise violates the policies of the prize providers as determined in the sole discretion of the Sponsor, and in such a case, the Winners will still be solely responsible for all taxes and other expenses related to the prize. Winners are responsible for all activities of his or her guest.
5. ODDS OF WINNING: Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period.
6. WINNER SELECTION AND NOTIFICATION: Potential Winners will be selected at random. Potential Winners will be notified via e-mail. Potential Winners will be asked to respond to an email address provided in the comments or messages. Each potential Winner will be required to respond (as directed) to the notification within forty-eight (48) hours of notification. The failure to respond timely to the notification may result in forfeiture of the applicable Prize. If the applicable Prize goes unclaimed or a potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable Prize for any reason prior to award, such potential Winner will be disqualified and an alternate Winner may be selected, at the sole discretion of the Sponsor. Potential Winners (or his or her parent or legal guardian if such individual is a Minor) will be required to verify address and to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release, and other Prize releases (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. A Prize will not be awarded until all such properly executed Prize Claim Documents are returned. A Prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to ten (10) potential Winners of each Prize in accordance with the above procedure, after which a Prize may go unawarded if it remains unclaimed. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. Each Winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a Prize.
7. SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any Entrant for any reason. The decisions of the Sponsor on this and all matters relating to the Sweepstakes are final and binding.
8. CONDITIONS OF SWEEPSTAKES ENTRY: As a condition of entry into the Sweepstakes, each Entrant: (i) without limiting the rights granted to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees, if the Entrant is selected as a Winner, irrevocably grants to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents and licensees the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as applicable and necessary) the Entrant’s name, state of residence, image, voice, likeness, statements, biographical material, and Submission, as well as any other materials submitted by and/or relating to the Entrant and arising out of his/her participation in this Sweepstakes (with or without using the Entrant’s name) (collectively, the “Additional Materials”), without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law; (ii) without limiting the rights granted to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees if the Entrant is a Winner, irrevocably grants to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Additional Materials (collectively, the “Sweepstakes Entry Materials”) for any purpose on or through the sites owned or operated by Sponsor or other Sweepstakes Entities, and any advertising, promotional, or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law (the Winners will be required to sign an affidavit of eligibility and release as well as a publicity release); (iii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sweepstakes Entities’ use of the Submission, or require the Entrant’s permission for the Sweepstakes Entities to use them for promotional purposes and agrees to never sue or assert any claim against the Sweepstakes Entities’ use and exploitation of the same as permitted herein; and (iv) agrees to release, indemnify and hold the Sweepstakes Entities, Facebook, Alli, Alliance of Action Sports, LLC and NBCUniversal Media, LLC, and their respective affiliates, officers, directors, members, agents, representatives, co-branders, or other partners, and any of their employees (collectively, the “Sweepstakes Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees), and liabilities (including settlements), brought or asserted by any third party against any of the Sweepstakes Indemnitees arising out of or in connection with (A) the Submission, (B) any breach by the Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Entrant, (C) the Entrant’s and/or guest’s conduct during and in connection with this Sweepstakes, (D) the acceptance, use or misuse of a Prize, or (E) Entrant’s participation in the Sweepstakes.
9. GENERAL RULES: The Sweepstakes is governed by and subject to the laws of the state of California. All applicable federal, state, and local laws and regulations apply. Void where prohibited by law. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Sweepstakes. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Sweepstakes or the announcement of a Prize, or for lost, late, misdirected, damaged, incomplete, or illegal entries. By entering or participating in this Sweepstakes Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. The Sponsor reserves the right at its sole discretion to disqualify any Entrant found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes Entities’ website(s), (b) violating these Official Rules, (c) violating the terms of service, conditions of use, and/or general rules or guidelines of any Sweepstakes Entities’ property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY AN ENTRANT OR ANY BEHAVIOR BY AN ENTRANT THAT MAY BRING SUCH ENTRANT OR THE SWEEPSTAKES ENTITIES INTO DISREPUTE (IN THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT’S DISQUALIFICATION AS AN ENTRANT AND ALL PRIVILEGES AS AN ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SPONSOR WEBSITES OR ANY OTHER WEBSITE ASSOCIATED WITH THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND THE SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
(i) All winning entries will be drawn at random. All entries that follow submission guidelines will be considered and given an equal potential chance to win. No skill, talent, or ability will sway any judgment as to which Winner is chosen. All submissions that conform to the submission guidelines will be weighted equally and have an equal chance of winning.
(ii) In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding a Prize or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.
(iii) If the Sweepstakes is terminated before the expiration of the Sweepstakes Period for any reason, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Sponsor may substitute the type and quantity of Prize(s) described in these Official Rules at its sole discretion.
(iv) In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted with the potentially winning entry, but only if that person meets all other eligibility criteria. Illegible, incomplete, mechanically reproduced, false, fraudulent, and/or deceptive entries or acts shall render Entrants ineligible. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential Winner may be required to provide Sponsor with proof that he/she is the authorized account holder for the e-mail address or Facebook account associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
(v) These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. RELEASE / LIMITATIONS OF LIABILITY: Entrants agree that the Sweepstakes Entities, Facebook and any and all Internet server(s) and access provider(s), web site hosts and facilitators and cellular provider(s), and each of their respective affiliates, subsidiaries, parent corporations, and advertising and promotional agencies, and all of their officers, directors, members, shareholders, employees, representatives, and agents (collectively, “Releasees”) are not responsible for any technical malfunctions that may occur in connection with or during participation in the Sweepstakes or any Sweepstakes-related activity; any error, omission, interruption, deletion, defect, delay in operation or transmission; failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Sweepstakes; any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines, mobile networks, or the Internet or any web site or for any other reason whatsoever; incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; typographical, printing, or other errors; or any combination thereof. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part (including, without limitation, any Sweepstakes date or deadline) and may select a Winner from among those eligible Entrants from that portion of the Sweepstakes that has not been compromised, if any. Proof of submitting information is not considered proof of delivery or receipt. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES.
11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees that any and all disputes that cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket filing expenses and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings as set forth in these Official Rules shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.
13. SPONSOR: Hyfn, Inc.
14. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winner list, send a stamped, self-addressed envelope to: “Dew Tour Breckenridge Sweepstakes, brought to you by Quiznos” c/o Account Manager, 1235 Hermosa Ave, Suite 300, Hermosa Beach, CA 90254. Vermont residents may omit return postage.
Alli, Alliance of Action Sports, LLC and NBCUniversal Media LLC are not Sponsors of the Sweepstakes and are not involved in the administration of the Sweepstakes in any way.
Copyright: Hyfn, Inc. 2014