Climate Hero Contest

Aspen Skiing Company “Climate Hero” 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 “Climate Hero” Contest (the “Contest”) is sponsored by Aspen Skiing Company, LLC, P.O Box 1248, Aspen, Colorado 81612 (“Sponsor”).
2. THEME. Share your “Climate Hero” story.
3. ENTRY PERIOD. The Entry Period for the Contest shall begin at approximately 9:00 a.m. Mountain Time (“MT”) on Friday, January 10, 2020 and shall end at 11:59 p.m. MT on Monday, January 20, 2020 (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, each of its 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. A purchase from or payment to Sponsor is not a requirement to enter the Contest and a purchase from or payment to Sponsor will not increase your odds of winning. There is only one (1) way to enter the Contest, which is online:
To enter the Contest, entrants must post one (1) story (which may include text, photos, and/or video) that conveys the theme of the Contest, as stated above (each, a “Story Entry” and collectively, “Story Entries”). Entrants must then (i) submit the story via Instagram, Twitter, or upload the story to https://www.aspensnowmass.com/inside-aspen-snowmass/give-a-flake/climate-hero
a. (the “Contest Website” and together with the Instagram and Twitter sites, the “Entry Websites”) using the hashtag “#giveaflake” and tagging @aspensnowmass and (ii) complete the entry form, including full name and email address. The Contest may be entered only 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. Story Entries must conform to the Story 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 Story Entry must meet the following requirements, compliance with which shall be as determined by Sponsor in its sole discretion:
i. The Story 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 “#giveaflake” and tagging @aspensnowmass 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 Story 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 and videos 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 digital text, photo or video 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 Story 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 Story 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, Story 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 Story 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 Story 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 Story Entries and Story 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 Story 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 Story Entry and all Story 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 Story 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 STORY 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 story 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 Story Entries will be selected by Sponsor, in its sole discretion.
b. Notification. Prize winners will be notified via submission emails on or about January 31, 2020. 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, one (1) Grand Prize will be awarded in this Contest. LIMIT: One (1) Prize per person or household.
· The Grand Prize consists of and is limited to the Aspen Snowmass Prize Package described below, (the “resort prize package”) (subject to the terms, conditions and restrictions thereof) (the “Grand Prize”).
Aspen Snowmass Resort Prize Package (Grand Prize winner ONLY): Winner will receive an Aspen Snowmass (Colorado) ski vacation for two (winner and guest). Prize includes the following: A four (4) night stay at The Limelight Aspen Hotel, three (3)-day lift tickets valid at Aspen Mountain, Snowmass, Aspen Highlands & Buttermilk and two (2) round-trip tickets to Aspen from anywhere in the continental US. Estimated value: $4,000 USD. Holiday and blackout dates apply. If applicable, winner and guest must travel on the same itinerary and on dates and at times specified by Sponsor.
The Grand Prize is subject to the following additional requirements and restrictions:
Actual value depends on lodging rates and, if applicable, currency exchange rates, at the time of booking; if actual value is less than the stated estimated value 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.
Air Travel: Ticket prizes will be awarded in the form of certificates that must be redeemed by April 10, 2020. Travel must be between February 1, 2020 and April 17, 2020. Certificates may be redeemed for round-trip coach class travel from the winner’s home gateway to Aspen, Colorado. Any transportation that is unclaimed, is not awarded or is otherwise not used by the travel completion date specified will be forfeited. Certificate seats are limited and may not be available on all flights or in all markets. Certificates are non-transferable, are not redeemable for cash and are void if sold or bartered. The sale or barter of tickets obtained through redemption of certificates is also prohibited. Any tickets obtained through such sale or barter are void and will not be honored for travel. Tickets may be cancelled or reissued without penalty for a period of twenty-four (24) hours after reservation is made. After this cancellation/reissue privilege expires, date, time and routing changes are permitted (subject to the availability booking class) however a $200 fee applies. For travel within the US, based on availability, passengers holding confirmed reservations and tickets may confirm earlier/later same day flight within three (3) hours from scheduled departure time between same origin/destination for a non-refundable fee of $50 USD. Certificates do not include September 11th Security Fee of up to $2.50 which will be imposed on each flight segment in the passenger’s ticketed itinerary. A flight segment is defined as a takeoff and a landing. $25 USD fee for one (1) checked bag and $35 USD fee for second checked bag. Allowances subject to size/weight limits. These taxes and fees are subject to change, are the responsibility of the passenger and (except for bag fees) must be paid at the time the ticket is booked. Any taxes, fees, or changes paid at the time of ticket issuance will be refunded if ticket is not used. However, once redeemed, Certificates are void and will have no further value. Certificate travel will not qualify for SkyMiles mileage. Stopovers/upgrades/waitlisting/open returns are not permitted for tickets booked with certificates. Lost, stolen or otherwise destroyed certificates will not be replaced. Schedules are subject to change without notice. Additional restrictions may apply. It is the responsibility of the passenger to be in possession of all necessary documentation (e.g., valid passport, visa where applicable) at the time and place of departure.
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 and each of its 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. https://www.aspensnowmass.com/policies/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 “Climate Hero Contest – Rules Request” c/o Aspen Skiing Company, P.O. Box 1248, Aspen, Colorado 81612, Attn: Lindsy Fortier. 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 “Climate Hero Contest – Winners List Request” c/o Aspen Skiing Company, P.O. Box 1248, Aspen, Colorado 81612, Attn: Lindsy Fortier. Requests must be received by October 18, 2020.