by Andrew Kimiecik

Stratton Mountain Season Passholder Appreciation Week Giveaways 2021 – Official Rules

The Stratton Corporation

Stratton Mountain Season Passholder Appreciation Week Giveaways 2021

Official Rules

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

  1. SPONSOR. The “Stratton Mountain Season Passholder Appreciation Week Giveaways 2021” (the “Sweepstakes”) is sponsored by The Stratton Corporation, 5 Village Lodge Rd., Stratton, VT 05155 (“Sponsor”). Neither Instagram nor Facebook are sponsors or administrators of the Sweepstakes, the Sweepstakes is in no way endorsed by either of them, and they shall have no responsibility or liability with respect to the Sweepstakes.
  • ELIGIBILITY.  The Sweepstakes is only open to entrants who, as of the date of entry, are legal residents of the fifty (50) United States and the District of Columbia and are at least eighteen (18) years of age or older. The Sweepstakes is void where prohibited or restricted by law. Employees, officers and directors of Sponsor, Alterra Mountain Company, 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 Sweepstakes, 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.
  • DAILY ENTRY PERIODS. There will be five (5) daily entry periods for the Sweepstakes as follows: (a) Day One Entry Period: Monday,March 15, 2021 from 5:00a.m. Eastern Time (“ET”) through 2:00p.m. ET on March 15, 2021; (b) Day Two Entry Period: Tuesday,March 16, 2021 from 5:00a.m. ET through 2:00p.m. ET on March 16, 2021; (c) Day Three Entry Period: Wednesday, March 17, 2021 from 5:00a.m. ET through 2:00p.m. ET on March 17, 2021; (d) Day Four Entry Period: Thursday, March 18, 2021 from 5:00a.m. ET through 2:00p.m. ET on March 18, 2021; and (e) Day Five Entry Period: Friday, March 19, 2021 from 5:00a.m. ET through 2:00p.m. ET on March 19, 2021 (each individually, a “Daily Entry Period” and collectively, the “Entry Periods”). Sponsor’s computer is the official timekeeper for the Sweepstakes.
  • HOW TO ENTER. The purchase of a Stratton Mountain Season Pass is not a requirement to enter the Sweepstakes and the purchase of a Stratton Mountain Season Pass will not increase your odds of winning. THE PURCHASE OF A STRATTON MOUNTAIN LIFT TICKET IS NOT REQUIRED TO ENTER THIS SWEEPSTAKES BUT IS REQUIRED TO ACCESS THE LIFTS AT STRATTON MOUNTAIN RESORT. There are two (2) ways to enter the Sweepstakes, both of which are online.
  1. TO ENTER VIA SOCIAL MEDIA: During any Daily Entry Period, log in to your choice of either your Instagram Account or your Facebook Account and: (i) post a photo to your feed (not in an Instagram or Facebook story) which was taken during the Entry Periods of yourself in one of your favorite locations at Stratton Mountain Resort (each, a “Photo Entry” and collectively, the “Photo Entries”), (ii) tag @strattonresort (if posting on Instagram)or @StrattonResort (if posting on Facebook), and (c) only if applicable, use the hashtag #StrattonPassholder (Note: this step is not required for entrants who are not Stratton Mountain Pass holders). When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) entry in the Daily Prize Drawing corresponding to the Daily Entry Period.

If entering via social media, the Sweepstakes may only be entered by posting to Instagram or Facebook, not to Sponsors’ Twitter or any other website. To post to Instagram, you must be a registered member of the Instagram website located at www.instagram.com and in compliance with the posted terms and conditions for use of the Instagram website. To post to Facebook, you must be a registered member of the Facebook website located at www.facebook.com and in compliance with the posted terms and conditions for use of the Facebook website. Membership on Instagram or Facebook is free and can be obtained by visiting the Instagram or Facebook website, as applicable, 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 Facebook account and your profile on the Instagram or Facebook website must be public.

  • TO ENTER VIA EMAIL:  During any Daily Entry Period: (i) attach a Photo Entry (as described above) to an email; (ii) include your full name in the body of the email; and (iii) send the email to marketing@stratton.com using “Stratton Mountain Season Passholder Appreciation Week Giveaways 2021” as the subject line. When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) entry in the Daily Prize Drawing corresponding to the Daily Entry Period.  
  • c.                   FOR ALL ENTRIES. LIMIT: One (1) entry per person, per Daily Entry Period, regardless of method of entry.  All entries must be received during the Entry Periods. Any person found entering the Sweepstakes using more than one e-mail address will be disqualified. 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. 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. Potential winners may be required to show proof of being the authorized account holder. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed to be 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, agent and other claims of/information provided by a potential prize winner. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Rules (defined below) may be disqualified by Sponsor. Sponsor takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors. Sponsor is not responsible for any errors or omissions in printing or advertising the Sweepstakes. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.

d.   Photo Entries must conform to the Photo Entry requirements in Section 4(e) 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. 

e.   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) depict yourself in one your favorite locations at Stratton Mountain Resort, (2) have been taken during the Entry Periods, (3) have been posted to either (a) Instagram tagging @strattonmountain or (b) Facebook tagging @StrattonMountain, and (4) only if applicable, use the hashtag #StrattonPassholder;

            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 photo of a size and format as will permit uploading to the Instagram or Facebook website.  See the Instagram or Facebook website for additional information on upload requirements for the applicable site.  NOTE:  In addition to being subject to these Official Rules, all Sweepstakes activities by an entrant are subject to the terms and conditions of the Instagram or Facebook website (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 Sponsor; and

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

Additionally, if entered via social media, Photo Entries are subject to Sponsor’s and the Instagram or Facebook website’s terms and conditions regarding user generated content, which if not set forth on those websites is set forth in Section 14 below.

      f.  Without limiting the generality of Section 14 below or any applicable terms and conditions of the Instagram or Facebook website, each entrant agrees that Sponsor and each of its respective  successors, 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 website 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 RESERVES THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS FOR ANY REASON PRIOR TO USE.

g.   Each Photo Entry and all Photo Entry materials must be posted on the Instagram and/or Facebook website during the Entry Periods. 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.

  • AGREEMENT TO OFFICIAL RULES AND DECISIONS.  The Sweepstakes will be run in accordance with these Official Rules, subject to amendment by Sponsor (the “Official Rules“). Entrants must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Sweepstakes. The terms of the Sweepstakes, as set out in the Official Rules, are not subject to amendment or counter-offer, except as set out herein. Sponsor’s decisions with respect to the Sweepstakes (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and awarding of the Prizes) are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
  • DAILY PRIZE DRAWINGS; ODDS; NOTIFICATION.  
  1. Daily Prize Drawings; Odds. There are five (5) daily prize drawings in this Sweepstakes, one (1) for each Daily Entry Period (each, a “Daily Prize Drawing”). On or about (a) March 15, 2021 at 2:30p.m. ET (Day One Prize Drawing); (b) March 16, 2021 at 2:30p.m. ET (Day Two Prize Drawing); (c) March 17, 2021 at 2:30ET (Day Three Prize Drawing); (c) March 18, 2021 at 2:30 ET (Day Four Prize Drawing); and (d) March 19, 2021 at 2:30ET (Day Five Prize Drawing), respectively,  a random drawing from among all eligible entries received by Sponsor during the immediately preceding Daily Entry Period will be conducted under Sponsor’s supervision at Sponsor’s offices located in Stratton, Vermont. Odds of winning a prize depend on the number of eligible entries received by Sponsor during the applicable Daily Entry Period and the number of prizes being awarded in the corresponding Daily Prize Drawing. Winner(s) of a Daily Prize Drawing will not be eligible to win an additional prize in a subsequent Daily Prize Drawing. Should a winner of a previous Daily Prize Drawing be selected in a subsequent Daily Prize Drawing, he/she will be disqualified and an alternate potential winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor during the applicable Daily Entry Period.
    1. Notification. The potential winner(s) for each Daily Entry Period will be notified by direct message on Instagram, Facebook, or email (corresponding to method of entry) on or about: (a) March 15, 2021 for the Day One Prize Drawing; (b) March 16, 2021 for the Day Two Prize Drawing; (c) March 17, 2021 for the Day Three Prize Drawing; (d) March 18, 2021 for the Day Four Prize Drawing; and (e) March 19, 2021 for the Day Five Prize Drawing, respectively, for a total of seven (7) winners in the Sweepstakes.  Each potential winner may be required to execute and return to Sponsor 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 in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If a potential winner cannot be contacted within twenty-four (24) hours of the first attempt to contact him/her, or if a 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 selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor during the applicable Daily Entry Period.  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 Sweepstakes 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 Sweepstakes or any prize without the express prior written permission of Sponsor.
  • PRIZES; PRIZE REDEMPTION:  Subject to the terms and conditions of these Official Rules, seven (7) prizes (each, a “Prize”) will be awarded in this Sweepstakes. The prizes consist of and are limited to:

Day One Prize Drawing (March 15, 2021): One (1) Red Bull Racing backpack (style to be determined by Sponsor in its sole discretion) awarded to one (1) winner. The approximate retail value (“ARV”) of the Day One Prize is $79.00 USD.

Day Two Prize Drawing (March 16, 2021): One (1) The North Face Base Camp Duffel awarded to one (1) winner. The ARV of the Day Two Prize is $99.00 USD.

Day Three Prize Drawing (March 17, 2021): One (1) GoPro HERO9 awarded to each of two (2) winners. The ARV of each Day Three Prize is $399.00 USD.

Day Four Prize Drawing (March 18, 2021): Five (5) pairs of Smartwool socks awarded to one (1) winner. The ARV of the Day Four Prize is $134.75 USD.

Day Five Prize Drawing (March 19, 2021): Two (2) pairs of Dakine Mitts, one (1) GoPro MAX, three (3) pairs of Smith Gambler, Rascal and 4D Mag Goggles, and one (1) Smith Vantage helmet will be awarded to one (1) winner. The ARV of the Day Five Prize is $1209.99 USD.

The total ARV of all the Prizes to be awarded in this Sweepstakes is $2355.00 USD.  Entrants need not be present to win. If present, winner may receive the Prize immediately following notification, subject to verification; provided, however, that all Prize claims must be made within twenty-four (24) hours of notification. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit.  Prize 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 a 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 applicable 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.  Winners waive the right to assert as a cost of winning a 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 Sweepstakes may result in disqualification and forfeiture of Prize, in which case, no consideration will be awarded. 

  • PUBLICITY.  Except where prohibited by law, acceptance of a prize constitutes a winner’s consent to Sponsor’s (and its successors’ and assigns’) use of a winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, province and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

  • 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 Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, 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 Sweepstakes.  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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Sponsor reserves the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process. 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. 
  1. RELEASE.  By entering the Sweepstakes, each entrant forever and irrevocably releases and holds harmless  Sponsor, Alterra Mountain Company, Instagram, Facebook, and their respective subsidiaries and affiliates, and each of their respective directors, officers, employees, representatives, shareholders, successors-in-interest, and agents (“Released Parties”) from any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes (including, without limitation, by participating in any activities at Stratton Mountain Resort) or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). Entrant also agrees to fully indemnify Sponsor, Alterra Mountain Company and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, successors-in-interest, related companies, suppliers, sponsors and agents from any and all claims by third parties relating to the Sweepstakes.

  2. 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 Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes 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 Sweepstakes 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. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus or bug or any other cause beyond the reasonable control of Sponsor or its agents corrupt the security or proper administration of the Sweepstakes.
  1. DISPUTES.  Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in  state or federal courts located in Windham County, Vermont; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Vermont 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 Sweepstakes 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 Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Vermont, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Vermont.
  1. PRIVACY/DATA COLLECTION.  Entrants provide personal information to Sponsor when they enter this Sweepstakes.  Sponsor collects this information and uses it to (a) administer this Sweepstakes and (b) for market research and other marketing purposes.  Sponsor 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.
  1. 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 (each a “Site” and together, the “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 Contest Organizer 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 Contest Organizer, 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, 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/#

All entries posted to Instagram must be in compliance with their Terms of Use. For all Entries posted to Instagram, in the event of any conflict between these Official Rules and the Instagram Terms of Use, the Instagram Terms of Use will control.  

  1. OFFICIAL RULES. These Official Rules are available at [https://blog.stratton.com/2021/03/5383/ ] or by sending a self-addressed postage-stamped envelope to “Stratton Mountain Season Passholder Appreciation Week Giveaways 2021 – Rules Request” c/o The Stratton Corporation, 5 Village Lodge Road, Stratton Mountain, Vermont 05155, Attn: Andrew Kimiecik.  Vermont residents may omit return postage.
  1. WINNER’S LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to “Stratton Mountain Season Passholder Appreciation Week Giveaways 2021 – Rules Request” c/o The Stratton Corporation, 5 Village Lodge Road, Stratton Mountain, Vermont 05155, Attn: Andrew Kimiecik. Requests must be received by May 18, 2021.