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FREESKIER magazine TOP SHOP Official Rules

PROMOTER:
The FREESKIER magazine TOP SHOP Contest is promoted by FREESKIER magazine and Storm Mountain Publishing Company, PO Box 789, 137 2nd Ave, Niwot, CO 80544-0789 (“Promoter”).

ELIGIBILITY:
NO PURCHASE NECESSARY TO ENTER OR WIN.

PARTICIPANTS:
FREESKIER magazine’s TOP SHOP Contest (“Promotion”) is open to establishments selected by the Promoter in the U.S.A. and Canada (void in Quebec, U.S. overseas territories and where prohibited and/or restricted by law). This Promotion is subject to all applicable federal, state and local U.S. and Canadian laws.

CONTEST PERIOD:
The Promotion will begin at 12:00 PM Mountain Standard Time on Tuesday, November 20, 2018 and ends at 12:00 PM Mountain Standard Time on Thursday, December 13, 2018 (“Contest Period”). Promoter’s computer is the official time-keeping device for the Promotion.

ONLINE VOTING:
All approved Entries will be posted on the Site and will be subject to voting by visitors to the Site during the Voting Period, which begins at 12:00 PM Mountain Standard Time on Tuesday, November 20, 2018 and ends at 12:00 PM Mountain Standard Time on Thursday, December 13, 2018. Visitors will have the opportunity to visit the Site each day during the Voting Period and vote for their favorite Entry. Limit one (1) vote per person, per day. The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify all such votes and to disqualify the responsible individual from voting. Any attempt by any person to vote more than the number of times authorized herein, using any third party proxy voting services, incentives not sponsored by Sponsor, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, shall give Sponsor, in its sole discretion, the right to disqualify Entrant from Contest. All Entrants and the votes each Entrant receives are subject to verification by Contest Administrator, and must meet all eligibility requirements before Entrant may be confirmed as a winner of any prize. One (1) winner will be selected by public vote.

SELECTION OF ONE (1) WINNER: One (1) winner will be selected from the participating establishments of the promotion. This winner will be selected by public vote tally. Promoter reserves the right to disqualify a participant for any reason. Please do not contact Promoter about the status of Votes or judging.

PRIZES:
One (1) Winner will receive a FREESKIER written editorial story in FREESKIER magazine during the 2019-20 season. Value of prize is approximately $100 USD.

The winner will be contacted by the Promoter following the Promotion voting period.

CONDITIONS OF PARTICIPATION:
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT RELEASES AND HOLDS HARMLESS PROMOTER AND ITS AFFILIATES AND RELATED INDIVIDUALS FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, EXPENSES, INJURIES, CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THIS PROMOTION OR FROM ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON DEATH, PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.

By participating in this Promotion, each Participant further agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a state court within the State of Colorado. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Promoter in connection with the Promotion, 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 or provisions (whether the State of Colorado or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Colorado.

Promoter reserves the right, at its sole discretion, to disqualify any Participant found to be tampering with the entry or voting process or the operation of this Promotion or any website related to this Promotion, acting in violation of these Official Rules or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or Participant. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any Participant using any such method. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Promoter is not responsible for any incorrect or inaccurate information, whether caused by users of any website related to this Promotion, by any of the equipment or programming associated with or utilized in this Promotion or by any technical or human error which may occur in the processing of submissions in this Promotion. Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, any website related to this Promotion or any technical failure or malfunction. Promoter is not responsible for any injury or damage to Participant's or to any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of any website related to this Promotion. If, for any reason, this Promotion is not capable of running as planned, including, without limitation, by reason of infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in Promoter’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Promotion, and select winners from entries received prior to action taken as Promoter, in its sole judgment, deems fair and in accordance with these Official Rules without notice to Participants. In the event that any legal or regulatory authority challenges this Promotion, Promoter reserves the right to discontinue or modify this Promotion, or to disqualify Participants residing in any affected geographic areas. In such event, Promoter shall not have any liability to any Participants who are disqualified as a result of such an action.

IN NO EVENT WILL PROMOTER AND ITS AFFILIATES AND RELATED INDIVIDUALS (EITHER JOINTLY OR INDIVIDUALLY) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS PROMOTION, ANY PRIZES WON, ACCESS TO AND USE OF THE PROMOTER’S WEBSITES OR THE DOWNLOADING OR COPYING FROM AND/OR PRINTING OF ANY MATERIAL OBTAINED FROM SUCH WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTER’S WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Promoter reserves the right to change or amend any of the Official Rules outlined above with adequate and fair notification to all participants involved in the promotion, and in no way is held responsible for any consequential actions stemming from these changes.