Wheat Ridge Business Sign Giveaway OFFICIAL RULES
Important: Please read these Official Rules before entering the "Wheat Ridge Business Sign Giveaway" (the "Sweepstakes"). By participating in the Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1. Eligibility. SWEEPSTAKES VOID WHERE PROHIBITED. SWEEPSTAKES OPEN ONLY TO RESIDENTS OF COLORADO STATE AGE 18 OR OLDER WHO OWN A BUSINESS IN WHEAT RIDGE AS OF AUGUST 1, 2011. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND VINYL WORKS. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD A PRIZE TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win a prize. All applicable federal, state and local laws and regulations apply. Limit one (1) entry per business.
2. Disclaimer. Sponsor will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications- related malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
3. Sweepstakes Period. The Sweepstakes starts at 12:01 am (all times Mountain Standard) on August 1, 2011 and ends at 11:59 pm on August 19, 2011 (the "Deadline"). All entries must be received by the Deadline to be eligible to win the Grand Prize.
4. Grand Prize. One Grand Prize will be awarded. Grand Prize is limited to a basic sign refacing under 40 sq. feet for one single business unit or property. Grand Prize does not include refacings for channel lettering or pan-faced signage. Business Owner and a representative of Vinyl Works will jointly agree on a customer designed sign plan.
5. Odds; Taxes; Etc. Odds of winning depend on number of eligible entries received. Prize is not transferable. No substitutions or exchanges of a prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for the prize. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. 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 the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. To enter, complete and enter the online entry form at www.myvinyworks.com/pages/signgiveaway before the Deadline.
8. Sweepstakes Rules. One (1) Grand Prize winner will be determined by Vinyl Works in their sole and absolute discretion from all eligible entries received. The Grand Prize winner will be announced at the Wheat Ridge Carnation Festival Parade on August 20, 2011. They will also be notified by telephone and/or e-mail within one (1) week after the parade. To claim a prize, the winner must agree to an onsite meeting with a representative of Vinyl Works and all subsequent requests for signature and design approvals.
9. General Release. By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use a prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
10. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Sweepstakes constitutes permission to use each winner's name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded a prize, except where prohibited by law, each winner may be required to execute a consent to the use of his or her name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
11. Affidavit & Release. As a condition of being awarded a prize, the winner will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.
12. Rules Request. To obtain a copy of these rules, send a self-addressed, business-size envelope to Sponsor at the address listed below, Attn: Wheat Ridge Business Sign Giveaway Rules Request.
13. Copyright Notice. The Sweepstakes and all accompanying materials are copyright © 2011 by Vinyl Works. All rights reserved.
14. Miscellaneous. The Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the state of Colorado. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. If you have any questions about these Official Rules or the Sweepstakes, please e-mail them to [info@myvinylworks.com] or send written questions to the address listed below, Attn: Wheat Ridge Business Sign Giveaway.
15. Sweepstakes Sponsor: Vinyl Works, 6190 W 38th Ave, Unit #5, Wheat Ridge, CO 80033.
AFFIDAVIT OF ELIGIBILITY, PUBLICITY RELEASE AND LIABILITY WAIVER
This Affidavit of Eligibility, Publicity Release and Liability Waiver ("Agreement") must be read and signed by each person ("Winner") who is awarded a prize ("Prize") in promotions (e.g., sweepstakes and contests) sponsored by Vinyl Works, or any of its affiliates, or subsidiaries (individually and collectively, "Sponsor"). The "Wheat Ridge Business Sign Giveaway" Sweepstakes in which the undersigned will be awarded a Prize is hereinafter referred to as the "Sweepstakes." (The Winner is referred to below as "I," "me," or Winner.) In consideration of awarding a Prize to me, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:
1. I represent that I am eligible to receive the Prize awarded to me in the Sweepstakes. Without limiting the foregoing, I represent that I satisfy all eligibility requirements (e.g., as to my age and place of residence) set forth in the Official Promotion Rules attached hereto as Exhibit A ("Official Rules"), which I acknowledge having read, understood and agreed to, and any other requirements imposed by law.
2. Without additional compensation to me, I give permission irrevocably and in perpetuity to Sponsor to use, adapt, edit, reproduce, distribute, display and publicly perform my name, likeness (including, without limitation, aural and visual likenesses of me), hometown, and Prize information, in whole or in part, throughout the world, and without limitation, for advertising and promotional purposes. Entry materials submitted to Sponsor in connection with the Sweepstakes will not be returned to entrants.
3. I acknowledge that I will be solely responsible for the payment of all permit or subcontracted fees, and other costs or fees of any kind payable in connection with the receipt or use of any Prize from Sponsor. I agree to provide Sponsor with properly executed and completed forms, as appropriate, documents and information that Sponsor may reasonably request to comply with site survey.
4. I ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN AND/OR USE OF ANY PRIZE IS SOLELY AT MY OWN RISK. I, ON BEHALF OF MYSELF AND MY ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR AND OTHER PROVIDERS OF ANY PRIZE AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY)) RELATING TO ANY CLAIM I MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, "HARM") THAT MAY BE SUFFERED BY ME OR ANY THIRD PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH, THE SWEEPSTAKES, ANY USE BY SPONSOR OF MY NAME, LIKENESS (INCLUDING, WITHOUT LIMITATION, AURAL AND VISUAL LIKENESSES OF ME), HOMETOWN OR PRIZE INFORMATION, OR IN CONNECTION WITH MY ACCEPTANCE, PARTICIPATION IN, USE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO ME, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS").
I UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT ME AND MY SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.
5. If any provision of this Agreement is found to be unenforceable in any respect by a court of competent jurisdiction, it is my intent and understanding that this Agreement will nonetheless be enforced to the maximum extent to which it is found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, I WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THIS AGREEMENT.
6. This Agreement will be governed by the laws of the state of Colorado, U.S.A., without reference to its or any other jurisdiction's choice of law rules to the contrary. I irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the state of Colorado, U.S.A., with respect to any claim or suit arising out of or in connection with this Agreement, the Sweepstakes, any delivery, misdelivery or nondelivery of any Prize or my acceptance, participation in, use of, or inability to use any Prize, and agree not to commence or prosecute any such claim or suit other than in such courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SWEEPSTAKES, OR ANY OF THE RELEASED CLAIMS.
7. I acknowledge and agree that my consent to the terms of this Agreement is a material inducement for Sponsor to award a Prize to me and that Sponsor would not do so in the absence of my consent as evidenced by my signature below. I agree to execute, acknowledge, and deliver any other documents necessary to carry out the purposes of this Agreement and/or the Official Rules, including, without limitation, any assignments, affidavits, releases, and/or waivers.
8. This Agreement, together with the Official Rules, embodies the entire agreement between Sponsor and me with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between me and Sponsor. This Agreement may not be amended or supplemented except by a writing signed by Sponsor specifically referencing this Agreement.
THIS IS A LIABILITY RELEASE. PLEASE READ CAREFULLY BEFORE SIGNING.
Winner:
Name (please print)__________________________________
Signature__________________________________
Address_______________________
Home Telephone (___)________________





