OFFICIAL PROMOTION RULES

THE PROMOTIONS AND GIVEAWAYS INCLUDED BELOW ARE EACH INDIVIDUALLY A “PROMOTION”. NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING. 

THE PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF uNITED STATES, NOT INCLUDING RESIDENTS OF NY, FL, or RI, WHO ARE BOTH (A) AT LEAST eighteen (18) YEARS OLD AT THE TIME OF ENTRY and (B) the parent or legal guardian of a child who is between the age of 10-17 years of age BY THE DRAWINg DATE. 

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Note these Official Rules contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to entrant in the event of certain disputes.

Eldora Mountain promotions and giveaways are sponsored and administered by Eldora Mountain (the “Sponsor”). The Official Rules are detailed below.

Customer services inquiries can be made at marketing@eldora.com

1. HOW TO PARTICIPATE: During the Promotion Period, to make a qualifying entry (“Entry”), eligible entrants must Participate (as detailed above), OR submit an email entry by first visiting https://eldora.com/giveaway (“Website”) and then emailing the customer service inquiry email address included above an Entry with the name of the Promotion, your complete first and last name (no initials), age, valid e-mail address, phone number, and agreement to these Official Rules, including confirmation that entrant is over the age of eighteen (18) or the parent or legal guardian of a child between the ages of ten (10) and seventeen (17) at time of Entry. 

2. LIMIT: There is a limit of one (1) Entry per day during the Promotion Period. A “day” is defined as starting at 12:00:01 AM MT and ending at 11:59:59 PM MT on each calendar day during the Promotion Period, except on the final day of the Promotion Period.

3. PROMOTION PERIOD: The Promotion begins at 12:01 AM Mountain Time (“MT”) on the first day of the Promotion Period and ends on at 11:59:59 PM MT on the last day of the “Promotion Period”. The Sponsor’s computer is the Promotion’s official clock.

4. ELIGIBILITY: This Promotion is offered only to legal residents of the United States, not including residents of New York, Florida, or Rhode Island, who are both (a) at least eighteen (18) years old or older at time of Entry or (b) the parent or legal guardian of a child who is between the ages of ten (10) to seventeen (17) years of age by the end of the Promotion Period. Directors, officers and employees of Sponsor and any of its affiliates, and each of their respective owners, subsidiaries, franchisees, representatives, advertising, promotion and production agencies involved with this Promotion (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each, are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state and local laws apply. 

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. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor. 

If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion using multiple e-mail addresses or multiple identities, each Entry of that entrant associated with that household (determined by Sponsor in its sole discretion) may be disqualified and any prize an entrant might have been entitled to win will not be awarded any may be revoked. Use of any automated system or any like methods to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.

5. RANDOM DRAWING: On or around the Drawing Date, the Sponsor will randomly select prizes from among all eligible entries received during the Promotion Period. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. There is a limit of one (1) prize per person in this Promotion. Odds of winning depend on number of eligible entries received during the Promotion Period.

6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): 

1. Prize Details and Restrictions: Sponsor is not responsible for any cancellations or delays. Prize winners are responsible, if applicable, for any shipping or air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, a prize is nontransferable and may not be reissued once travel has commenced. Sponsor will not replace any lost, mutilated, or stolen tickets. All prize details determined by Sponsor in its sole discretion. No exchanges of sizes or styles permitted. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value, at Sponsor’s sole and absolute discretion. Promotion entities shall not be held responsible if any part of any prize cannot be awarded due to cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control (each, a “force majeure”). Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner.

2. General: In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended number of Prizes will be awarded in a random drawing from among all verified Prize claims received for that Prize. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.

If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of winners from among eligible Entries received prior to such cancellation, termination, modification or suspension.

7. HOW TO CLAIM A PRIZE: The potential winners are subject to verification of eligibility and compliance with these Official Rules. After the random drawing, Sponsor will notify each potential winner via e-mail at the e-mail address provided on Entry form or the e-mail address associated with the information used to enter this Promotion. Unless the “How to Participate” section states otherwise, the potential winners must respond to winner notification within twenty-four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Each potential prize winner may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from the date of attempted notification or prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of a potential winner’s right to claim their prize, and may result in the prize being awarded to an alternate potential winner, if time permits. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, the respective prize may be forfeited. If a prize is forfeited, the prize may be awarded to an alternate potential winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Upon verification of eligibility, the prize winner will be contacted to make arrangements for the prize. Any portion of a prize not accepted by winner will be forfeited. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. The prizes will only be awarded to a verified winner. In the event it is deemed during the verification process that the potential prize winner does not have a unique, personal and valid social security number for Sponsor (or third party acting on its behalf) to report the tax liability associated with acceptance of the prize, potential prize winner will be disqualified, and another prize winner will be selected as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that a potential prize winner is not eligible in accordance with these Official Rules, the potential prize winner forfeits his/her right to the prize and an alternate will be selected as outlined above, time permitting. In the event that a potential prize winner is disqualified for any reason, Sponsor shall have no liability or obligation to such entrant.

Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. 

8. LIMITATION OF LIABILITY: By entering the Promotion, each entrant agrees: to forever and irrevocably release and hold harmless each of the Promotion Entities, any website or service hosting the Promotion, and their respective representatives, designees, successor and assigns (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Promotion; (b) any claims based on any third-party privacy, personal, publicity or proprietary rights; (c) human, typographical or printing errors in these Official Rules or any Promotion materials or communications, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of any prize (or any component thereof), including death, personal injury, or any property damage and all applicable federal, state and local taxes; (e) any change in the Promotion, including prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by force majeure or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion or any prize (or part thereof); (g) any technical malfunctions or unavailability of the Website, or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, including unauthorized electronic or human intervention; (h) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; or (i) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Promotion, entrant’s sole remedy is to enter the Promotion again and to receive another entry. In the event that Entrant breaches any of these Official Rules or related agreements, Released Parties shall be entitled to and may seek indemnification, to the extent permitted by law, from entrant for recovery of all losses (including reasonable attorneys’ fees) that may be incurred by Released Parties as a result of the aforementioned breach. All Promotion materials are subject to verification and are void if: (1) not obtained in accordance with these Official Rules and through legitimate channels; (2) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way; (3) are obtained where prohibited; or (4) are mutilated, altered, copied, hand printed, forged, water damaged, manipulated or tampered with in any way, or which contain any printing, mechanical or typographical errors, will be considered null and void and will not be eligible for the prize.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND PRIZE COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS 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.

9. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES ENTRANT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SPONSOR AND LIMITS THE MANNER IN WHICH ENTRANTS CAN SEEK RELIEF.

ENTRANT AND SPONSOR AGREE THAT IF THE DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE OFFICIAL RULES OR PROMOTION IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WITHIN THIRTY (30) DAYS AFTER NOTICE, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). 

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration ENTRANT WILL have the right, at ENTRANT’S expense, to be represented by an attorney of ENTRANT’S choosing. 

THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN UTAH. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SALT LAKE COUNTY, UTAH. 

TO THE FULLEST EXTENT PERMITTED BY LAW, as a condition of participating in this Promotion, entrant agrees: (1) THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (2) THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. 

10. PRIVACY: By participating in the Promotion, entrant authorizes the Sponsor to collect, use, process, transfer and store all data provided by entrant, including without limitation, personal data, in the United States, or any location throughout the world that the Sponsor deems necessary, whether within entrant’s country of residence or elsewhere, and with such parties as the Sponsor deems appropriate, for purposes of administration of the Promotion. All information submitted to the Sponsor as part of this Promotion will be treated in accordance with the Sponsor’s privacy policy available at https://www.powdr.com/privacy-policy. Sponsor will only use entrant’s personal information to: (a) provide information about the Promotion; (b) contact and publicize potential winners; and/or (c) if an entrant selects to receive additional information from the Sponsor, to send additional information to that entrant during or after the Entry Period. Entrants to the Promotion may be given the option to receive commercial e-mails from the Sponsor; however, eligibility to participate in the Promotion is not dependent upon entrant’s consent to receive such e-mails. Entrants must fully complete and submit all non-optional data the Sponsor requests to be eligible. Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries for additional entries in the Promotion.

11. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. 

12. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning Entry will be declared by Sponsor at its sole discretion. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail. 

13. WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: 2861 Eldora Ski Road, Nederland, CO 80466. Winner List requests must be received no later than 180 days after the end of the Promotion.