2019 Off The Rails Contest - Rules and Regulations
Frisco Off The Rails Contest (the "Sweepstakes") is sponsored by Visit Frisco ("Sponsor"). NO PURCHASE NECESSARY. Offer void where prohibited.
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.
6801 Gaylord Parkway, Suite 401
Frisco, Texas 75034
ATTN: Frisco Fall Shopping Campaign
2. HOW TO ENTER:
All entries must be received between 12:00 p.m. CST on February 1, 2019 and 11:59 p.m. CST on Sunday, April 21, 2019. Visit Frisco is the official timekeeper of the contest.
To enter, one must visit the Visit Frisco website at www.visitfrisco.com/OTR and enter the respective form on the page. The user must fill out the form completely (first name, last name, email address, zip code and phone number). The randomly drawn winner will be contacted via email first and then by phone if there is no response within 48 hours. If winner does not respond within 48 hours, a new winner will be redrawn.
Users may enter the contest multiple times BUT multiple entries does not increase the users chance of winning as the contest submissions will be de-duped before there is a winner drawn.
For purposes of these official rules, "receipt" of an electronic entry occurs when Visit Frisco servers record the entry information upon clicking the "submit" (or similar) button. In the event of a dispute as to the identity of the entrant, the entrant will be deemed to be the individual who is the registered holder of the e-mail account. Automated entries, including without limitation, auto-remailers, are prohibited, and any use of such automated devices will result in disqualification. Incomplete entries will be voided. All entries become the property of Visit Frisco and will not be returned. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Visit Frisco is not responsible for incorrect or inaccurate entry of information by entrants; lost entries or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants' systems.
The Sweepstakes is open to any individual who is:
- a legal resident of the 48 contiguous United States, excluding Rhode Island (If the prize value is over $5000, include New York and Florida);
- eighteen (18) years of age and older as of (February 1, 2019) and has internet access and a valid email account
- not an employee or an immediate family member or are living in the same household of a City of Frisco employee.
- No entry fee, payment, or proof of purchase is necessary to enter the Sweepstakes.
Void where taxed, restricted, or otherwise prohibited by law. This promotion shall only be construed and evaluated according to United States law. You are not authorized to participate in the Sweepstakes if you are not a current legal resident in the United States.
4. PRIZE DETAILS:
Frisco Fall Shopping Campaign
Approximate Retail Value - $2,000
One winner will receive:
- Two (2) night stay at a Frisco Hotel
- Two (2) VIP Weekend Passes for Off The Rails Music Festival
- Two (2) Meet & Greet Passes for an Off The Rails artist (to be named later by AEG Presents)
- One (1) $500 VISA gift card
- One (1) $100 Cane Rosso gift card
- One (1) $100 Mash'd gift card
The Approximate Retail Value ("ARV") of the prize may vary based on airfare fluctuations and distance between departure location and destination. Prizes claimed will be awarded. Visit Frisco reserves the right, in its sole discretion, to substitute and or modify the prize with a prize of equal or greater value with immediate effect at any time prior to the closing date of the Sweepstakes by advertising that fact. Some restrictions apply. Only one (1) prize is permitted per family or household.
5. PRIZE RESTRICTIONS:
Prize consists only of those items specifically listed as part of the prize trip details. All other expenses, including but not limited to travel costs and accommodations and any other expense not specified herein, are solely the responsibility of the winner. Winner is solely responsible for all federal, state, and local taxes and fees associated with winning the prize, as well as for any additional expenses incurred or owed in the course of using, owning, storing, insuring, maintaining, or enjoying the prize. Taxes on the prizes are solely the winner's responsibility. Date range for the "Frisco Off The Rails" contest is Friday, February 1 - Sunday, April 21, 2019 . If the winner does not respond either via email or phone call within 48 hours, an alternate winner will be randomly drawn and the prize will be void from the first winner. No prize substitutions, refunds, cash equivalent or transfer of prizes permitted except at the sole discretion of Sponsor. Prizes and reservations are non-refundable, non-changeable once issued, and may not be used in conjunction with any other competition or offer. If lost, prize will not be replaced. Credit for previous purchases is not permitted. Winner and guest(s) are responsible for any federal, state, and local tax consequences and for compliance with all governmental reporting and payment requirements. All prizes are subject to availability. Any prize details that are not specified above will be determined by Sponsor in its sole discretion. Some restrictions apply.
6. WINNER SELECTION:
Winners will be selected in a random drawing from all eligible entries received. Drawing will be held by Visit Frisco on Monday, April 22, 2019. All decisions in all matters relating to this Sweepstakes made by Visit Frisco are final. Odds of winning depend solely on the total number of valid entries received. The winner will be notified by e-mail first, then by phone call. If Visit Frisco, using commercially reasonable efforts, is unable to make contact with the randomly drawn winner by either email or phone within 48 hours from the first contact attempt, or if potential winners have not, or do not comply with these Official Rules, then such person(s) shall be disqualified and an alternate winner(s) may be selected.
7. GENERAL RULES & CONDITIONS:
By participating in this Sweepstakes, entrants agree to be bound by these Official Rules. Winners will be required to sign and complete an Affidavit of Eligibility and a General Release (where legally permissible) and return the signed documents within five (5) days of receipt of attempted delivery to receive the specified prize, otherwise the specified prize may be forfeited and awarded to an alternate winner. Each guest of a winner will be required to sign and return a General Release (where legally permissible) prior to issuance of travel documents (if applicable). If any guest is a minor, minor must have a parent or legal guardian sign the documents on the minor's behalf and the minor must be accompanied by a parent or legal guardian. Each entrant acknowledges that any information provided by entrant may be disclosed to Sponsor(s), and that Sponsor(s) may send marketing communications to entrants in accordance with each entrant's "opt-in" selection. Winner gives Sponsor the right to use winner's name, voice, picture, portrait and likeness for advertising and promotion purposes without further compensation, where permitted by law. These Official Rules and all matters related to the Sweepstakes will be governed by the laws of the State of Texas, without regard to its conflict of laws principles.
8. LIMITATION OF LIABILITY:
VISIT FRISCO, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVERTISING AND PROMOTION AGENCIES INVOLVED IN THIS SWEEPSTAKES SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS BY ENTRANT FOR ANY DAMAGE, LOSS OR LIABILITY TO PERSON OR PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF ENTERING THE SWEEPSTAKES, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO AND FROM ANY PRIZE-RELATED ACTIVITY. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event, attorney's fees. The Frisco Convention & Visitors Bureau, along with their promotion and advertising agencies, are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Visit Frisco, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the Sweepstakes.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Visit Frisco that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Visit Frisco reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the Sweepstakes and/or prizes. In such event,Visit Frisco may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor further reserves the right to disqualify any individual who tampers with or in any way corrupts the entry process. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in Sponsor's sole discretion, Sponsor determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) 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 expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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 the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. Any questions, comments or complaints regarding the promotion will be directed to the Sponsor.
11. WINNER LIST/RULES:
For the name of the winner, contact Visit Frisco by email after April 23, 2019.
12. Rules and Regulations subject to change at any time. All prizes are subject to availability.