The Stratton Corporation
Tough Mudder x Stratton Mountain May Giveaway 1
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR. The “Tough Mudder x Stratton Mountain May Giveaway 1” (the “Contest”) is sponsored by The Stratton Corporation, 5 Village Lodge Road, Stratton Mountain, Vermont 05155 (“Sponsor”). GoPro. (“GoPro”) is not a sponsor or administrator of the Contest, the Contest is in no way endorsed by GoPro, and GoPro shall have no responsibility or liability with respect to the Contest.
2. ENTRY PERIOD. The Entry Period shall begin at approximately 12:00a.m. Eastern Time (“ET”) on Wednesday, May 3, 2023 and shall end at 11:59p.m. ET on Tuesday, May 9, 2023 (the “Entry Period”). Sponsor’s computer is the official timekeeper for the Contest.
3. ELIGIBILITY. The Contest 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. The Contest is void where prohibited or restricted by law. Employees, officers and directors of Sponsor, GoPro, 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 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.
4. HOW TO ENTER. There are one (1) ways to enter the Contest online. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
a. TO ENTER VIA INSTAGRAM POST: Tag another Instagram account handle in the comments below Stratton Mountain’s, Tough Mudder x Stratton Mountain May Giveaway 1 and (i) submit it in accordance with the on-screen instructions. As part of the entry form, you will be required to tag one other account of whom you will be splitting this prize with. Once you complete and submit the entry comment, you will be entered into the Contest.
- FOR ALL ENTRIES: There is no limit of entries per person and per email address during the Entry Period. All entries must be received during the Entry Period. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Wireless carrier’s data rates may apply if an entrant enters the Contest using a mobile device. In the event of a dispute as to the identity of any entrant, the authorized account holder of the e-mail address associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winner 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 Contest.
5. 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 the winner, and the awarding of the prize), which are final and binding in all respects. Entrants and winner must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements.
6. DRAWING; ODDS; NOTIFICATION.
a. Drawing; Odds. On or about May 10, 2023, Sponsor will randomly select two (2) potential winners from among all eligible entries received by Sponsor that entered through Instagram.
b. Notification. Two (2) potential winners will be notified by email on or about May 10, 2023. The 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 a 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 seventy-two (72) 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 such 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 for the Contest. 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. 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.
7. PRIZE; PRIZE REDEMPTION. Subject to the terms and conditions of these Official Rules, four (4) prizes will be awarded in this Contest. Each prize consists of and is limited to two (2) Tough Mudder New England Entries (the “Prize”). The approximate retail value (“ARV”) of each Prize is USD $149.00. Each prize consists of and is limited to one (1) GoPro Sports Kit (the “Prize”). The approximate retail value (“ARV”) of each Prize is USD $69.99. Each prize consists of and is limited to one (1) GoPro Travel Kit (the “Prize”). The approximate retail value (“ARV”) of each Prize is USD $64.99. The total ARV of all Prizes to be awarded in the Contest is USD $438.98.
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, the 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, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE 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 a prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a 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 prize description above, including, without limitation, all federal, state and local taxes on a prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of a prize. Winner waives the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem a prize. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of a prize, in which case, no consideration will be awarded.
8. PUBLICITY. Except where prohibited by law, acceptance of a prize constitutes winner’s consent to Sponsor’s (and its 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.
9. 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.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, GoPro, and each of their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and 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.
11. 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.
12. 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 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 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 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.
14. OFFICIAL RULES. These Official Rules are available on the Contest Website or by sending a self-addressed postage-stamped envelope to “Tough Mudder x Stratton Mountain May Giveaway 1 – Rules Request” c/o The Stratton Corporation, 5 Village Lodge Road, Stratton Mountain, Vermont 05155, Attn: Andrew Kimiecik. Vermont residents may omit return postage.
15. WINNER’S LIST. To request a list of the Contest winners, send a self-addressed postage-stamped envelope to “Tough Mudder x Stratton Mountain May Giveaway 1– Rules Request” c/o The Stratton Corporation, 5 Village Lodge Road, Stratton Mountain, Vermont 05155, Attn: Andrew Kimiecik. Requests must be received by May 31, 2023.