“Colorado Mammoth Kidcaster Contest”
Sponsored by Colorado Mammoth
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility. The “Colorado Mammoth Kidcaster Contest” (the “Promotion”) is open only to legal residents of the State of Colorado who are eighteen (18) years of age or older at the time of entry (an “Eligible Entrant”). Employees, officers and directors (including immediate family members (child (biological, foster or adoptive), sibling, or parent (biological, foster or adoptive), and their respective spouses/domestic partners, regardless of where they reside) and members of the same household, whether or not related) of Sponsor, Kroenke Sports & Entertainment, LLC, Altitude Sports & Entertainment, the National Lacrosse League and its member teams, and each of their respective parents, affiliated companies, subsidiaries, licensees, divisions, advertising and promotion agencies (collectively, the “Promotion Entities”) are not eligible to participate or win a prize. The Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion, including but not limited to the administration and operation of the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Eligible Entrants must be over the age of eighteen (18) to nominate a child to be a Kidcaster. The Kidcaster must be between the ages of six (6) and ten (10) as of the date of the Game and must be accompanied by a parent or legal guardian at the Game.
- Promotion Period. The Promotion begins on December 6, 2018 at 9:00 a.m. local Denver time and ends on December 22, 2018 at 11:59 p.m. (the “Promotion Period”). All times listed are in Mountain Time. All entries must be received by Sponsor by the end of the Promotion Period. Sponsor reserves the right to extend or shorten the Promotion Period in its sole discretion, and to cancel, terminate, modify or suspend the Promotion for any reason in Sponsor’s sole discretion. Sponsor’s clock shall be the official clock of the Promotion.
- How to Enter. There is one (1) way to enter the Promotion: During the Promotion Period, an Eligible Entrant may nominate a child, who must be between the ages of six (6) and ten (10) as of January 20, 2019, to be a junior announcer of the Game (a “Kidcaster”) by completing and submitting all the requested information at https://mammoth.teamkse.com/kidcaster-contest/ and submitting a thirty second (:30) video clip of the Kidcaster contestant announcing the provided Colorado Mammoth highlight. The video clip (the “Submission”) must be in .mov or .mp4 file format and emailed to email@example.com during the Promotion Period. Eligible Entrants may only submit one (1) Submission. If an entrant submits multiple nominations or Submissions, only the first Submission will be considered.
There is a limit one (1) entry per Eligible Entrant and Eligible Entrants may only win one (1) prize. No other form of entry will be accepted other than as described above. In the event of dispute over the identity of an Eligible Entrant, an entry will be deemed made by the “authorized account holder” of the e-mail address submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such e-mail address. The “authorized account holder” is deemed the natural person who is assigned to the e-mail address in question by the applicable Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. It is solely the responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address. Sponsor is not responsible for late, lost, illegible, damaged, misdirected, incomplete or otherwise invalid entries. Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules.
- Eligibility Criteria and Judging. The judging of all eligible entries will be conducted by a panel of representatives of Sponsor (the “Judges”) and the Judges’ selection will be final and non-appealable. Submissions will be judged on the following basis:
- General Colorado Mammoth knowledge
- Vocal quality and presentation
- Overall enthusiasm and energy
The Eligible Entrant who submitted the Submission with the highest score based on the criteria stated above, as determined by the Judges in their sole discretion, will be the potential winner of the Promotion (the “Potential Winner”). Before announcing a Potential Winner, the Judges may conduct live, in-person auditions of those Kidcaster contestants identified by the Judges as finalists in order to determine a Potential Winner and will contact the applicable Eligible Entrants based on the information submitted on the entry form. In the event of a tie, an additional, tie-breaking judging will determine the Potential Winner from among the tied entries by asking each applicable Kidcaster contestant to read one (1) additional Mammoth-provided script and will use the judging criteria outlined above. Sponsor reserves the right to not award the Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. The decisions of Sponsor are final and binding on all matters relating to this Promotion.
The Potential Winner may be required to execute (where permitted by law) a declaration of eligibility, a release of liability, and a publicity release and in the time period specified by Sponsor on behalf of himself/herself and the winning Kidcaster, or ensure the parent or legal guardian of the Kidcaster complete the paperwork for the Kidcaster (as applicable). Failure to comply with these Official Rules or to execute the above stated documents may result in disqualification and, at Sponsor’s sole discretion, the Prize may be awarded to the next runner-up.
Sponsor reserves the right to disqualify any entry it deems to be inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules, in its sole discretion, including but not limited to any Submission that: (i) defames or invades the publicity rights or privacy of any person, living or deceased, or otherwise infringes upon any person’s personal or property rights or any other third party rights; (ii) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; (iii) is sexually explicit, lewd, or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (iv) is obscene or offensive; endorses any form of hate or hate group; (v) appears to duplicate any other submitted entries; (vi) contains trademarks, logos, or trade dress (such as costumes, distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (vii) contains copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media), without permission; (viii) excepting those of Sponsor, contains or references any names, products or services of any company or entity, or promotes any brand, product or service of any company or entity; (ix) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; (x) contains look-alikes of celebrities or other public or private figures, living or dead; (xi) communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate or otherwise contains content which Sponsor in its sole discretion decide is inappropriate or objectionable; and/or; (xii) violates any law, rule or regulation.
- Winner Contact. Sponsor will attempt to contact the Potential Winner via phone call or e-mail on or around January 2, 2019. If a Potential Winner cannot be reached or fails to respond to a voicemail by calling Sponsor back within twenty-four (24) hours after said message is delivered, such individual will be disqualified and the entry with the next highest score will be selected from the remaining Eligible Entrants and contacted. Such process will continue until Sponsor contact an individual who returns Sponsor’s message and such individual will be the “Winner,” subject to verification of eligibility and compliance with the terms of these Official Rules. At all times, Sponsor reserves to right to select an alternate Winner in the event that a Winner is found to have not complied with these Official Rules.
- Prize Descriptions; General Prize Terms.
- Prize Descriptions. The Promotion will have one (1) Winner. The Winner will receive the following prize (the “Prize”): the Kidcaster identified on the Winner’s entry will be invited to assist Teddy Jenner and Jamie Shewchuk announce one (1) quarter of the Mammoth’s regular season home game taking place at the Pepsi Center on January 20, 2019 (the “Game”) on Altitude TV and B/R Live and four (4) tickets to the Game. In-game recognition on the Pepsi Center’s main scoreboard and/or the PA system will also occur.
- General Prize Term. The approximate retail value of the Prize is Two Hundred Fifty Dollars ($250.00). The right to receive the Prize is non-transferable and non-assignable. The Prize is subject in all respect to the terms and conditions set forth on the tickets and any requirements of the Pepsi Center. Exact seat locations will be determined by Sponsor, in its sole and absolute discretion. No cash redemption of the Prize is permitted except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. All costs and expenses associated with any acceptance and use not specified herein as being provided, including but not limited to transportation costs, parking, food and beverages, gratuities and other expenses incurred by accepting and making use of the Prize are the sole responsibility of the applicable Winner (and Winner’s guests, as applicable). All federal, state, or local taxes associated with the Prize awarded in connection with the Promotion are the Winner’s responsibility. A form 1099 may be issued based on the value of the Prize as required by law. Winner may be required to execute and return any required affidavit of eligibility and/or liability/publicity release. To the extent requested, all such forms will be completed and returned within twenty-four (24) hours or Sponsor may disqualify a Winner.
- Release; Winner Publicity Release.
- By participating in the Promotion, each entrant agrees to release and hold harmless the Promotion Entities from and against any and all claims, injuries, damages or losses that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of the Prize awarded. Each entrant (irrespective of whether or not such entrant wins the Prize), grants to Sponsor and KSE the right to publicize such Winner’s and winning Kidcaster’s name, address (city and state of residence), photograph, voice and/or other likeness and Prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
- By submitting a Submission as part of the entry process, each entrant represents and warrants that: (i) the Submission is original, that he/she has all rights to the Submission; (ii) that the Submission was created specifically for the Promotion; (iii) that the Submission, in whole or in part, has not been released commercially; (iv) the Submission does not and will not violate any law, statute, ordinance or regulation; (v) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission; and (vi) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever.
- All Eligible Entrants, whether the Winner or not, agree that Sponsor and its representatives, affiliates, licensees, successors and assigns have (i) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission, and, if applicable to reverse engineer code provided in Submission (as long as these changes do not materially change the accuracy of the entrant’s Submission); and (ii) the non-exclusive, irrevocable, royalty-free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and or otherwise exploit, the Submission, and/or any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to entrant or any third party.
- General. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Promotion Entities do not (i) make any warranty, guaranty or representation of any kind concerning the Promotion or the Prize and (ii) to the extent permitted by law, disclaim any and all express and implied warranties (including, without limitation, quality, merchantability and fitness for a particular purpose) relating to the Promotion and the Prize.
The Promotion Entities are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, or postage-due entries, through e-mail or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. The Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet service provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize(s) or in any Promotion-related materials. The Promotion Entities are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. The Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website.
Sponsor reserves the right in its sole discretion to disqualify any person (including a Winner) Sponsor suspects or finds: (i) to have tampered with the entry/selection process or the operation of Promotion; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring Sponsor or Promotion Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with Promotion; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
- Indemnity; Disputes. By participating in the Promotion, all entrants agree to indemnify and hold harmless each of the Promotion Entities from any and all liability arising out of or relating in any way to the entrant’s participation in the Promotion. Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal courts located in the County of Denver, State of Colorado; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING THIS PROMOTION AND/OR RECEIVING A PRIZE, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of a entrant and Sponsor 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 (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State Colorado. If any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
- Sponsor. The sponsor of this Promotion is KS LAX, LLC, 1000 Chopper Circle, Denver, Colorado 80204.
- Winner List. For the list of the prize winners, mail a self-addressed stamped envelope to: Winner- “Colorado Mammoth 2018 Kidcaster Sweepstakes,” 1000 Chopper Circle, Denver, CO 80204. All requests must be received by no later than February 20, 2019.