Official Rules of the ABQid Ski Lift Pitch Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The ABQid Ski Lift Pitch Contest (the “Contest”) of Sponsor (as defined below) is open to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry and who (i) are an officer or other authorized representative of a Startup (as defined below) or (ii) actively intend to form or become materially engaged by a Startup within a reasonable time after the date of entering the Contest. Board members, officers and employees of Sponsor and companies associated with the promotion of the Contest, and their respective affiliates, are not eligible without the written consent of Sponsor. The Contest is subject to federal, state, and local laws and regulations. For purposes of the Contest a “Startup” means (i) any recently formed business entity whose primary business objective is to develop, test, research or implement a scalable business model as approved by Sponsor or (ii) any other business entity or sole proprietorship approved by Sponsor on a case-by-case basis.
The Contest is sponsored by ABQid, a New Mexico nonprofit corporation dba ABQid, Inc. (“Sponsor”), located at 302 Central Ave. SE, Albuquerque, New Mexico 87102.
3. Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize package is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Entry Period
The period during which entries into the Contest may be submitted (the “Entry Period”) begins on the date that Sponsor posts an announcement of the Contest on its Facebook page located at https://www.facebook.com/ABQid or skiliftpitch.com (the “Contest Webpage”) and indicates that the Contest is open for entries, which is expected to be on or about December 8, 2017, and ends on January 18, 2018 at 9:00 pm Mountain time. Entries that are submitted before or after the Entry Period will be disqualified. Submissions will be accepted only if made in compliance with Section 5 below.
5. How to Enter
Any person eligible to enter the Contest under Section 1 may enter the Contest by submitting, through the form linked to from the Contest Webpage: (i) their startup name and location, (ii) their applicant name (iii) their email address, (iv) their telephone number, (v) their application video, (vi) their understanding that in order to be eligible for this contest a founding member of their team must be able to ski or snowboard, and (vii) any other documents, materials, or digital files that the Contest Webpage may require entrants to submit as part of such entrant’s entry package. Any materials or files submitted by an entrant in entering the Contest is hereby referred to collectively as “Submitted Entry Materials”.
6. License; Confidential Materials
Any entrant that enters the Contest under Section 5 hereby grants Sponsor an irrevocable, nonexclusive, royalty-free, nontransferable, worldwide license to (i) display any and all Submitted Entry Materials submitted by such entrant on the Contest Webpage or other webpages operated by Sponsor or Contest materials distributed by Sponsor and (ii) otherwise use such Submitted Entry Materials in connection with the administration of the Contest, the selection of winners, the announcement of winners for internal operational purposes of Sponsor. Each entrant agrees not to submit any materials that it considers to be confidential and hereby acknowledges that Sponsor shall have no obligation whatsoever to keep Submitted Entry Materials confidential.
7. Selection of Winners
Following the conclusion of the Entry Period, all entries submitted during the Entry Period in accordance with Section 5 will be reviewed by a panel of reviewers selected by Sponsor. This panel will select approximately sixteen finalists based on the panels’ good faith determination of the Startups that are most appropriate to attend based on the Submitted Entry Materials submitted by the applicable entrant. On or about January 22, 2018, Sponsor will notify all finalists and invite finalists previously unknown to the panel to participate in a pitch event at a later date (the “Pitch Event”). In the event that any of the initially selected finalists declines to participate in the Pitch Event, Sponsor may, at its discretion, select a replacement finalist from remaining eligible entries to participate in the Pitch Event. The odds of being selected as a finalist or winning a prize depend in part on the number of entries received.
Subject to Section 9 below, the winners will receive a prize package consisting of the following: (i) official participant status within the ABQid Ski Lift Pitch Contest at Taos Ski Valley (TSV) on February 22, 2018, (ii) lodging in Taos, NM on the night of February 21, 2018, (iii) a full-day TSV Lift Ticket for February 22, 2017 and (v) such other items as may be listed as prizes on the Contest Webpage. The items described in clauses (i), (iii) and (iv) are subject to the applicable service provider’s availability. A winner will be under no obligation to use or accept any of the individual items listed above. Sponsor reserves the right to add or remove items from the prize package at any time for any reason. The winner will be solely responsible for any income or other taxes to be paid in connection with his/her receipt of any components of the prize package.
9. Condition on Receipt of Prizes
Notwithstanding anything to the contrary in these Official Rules, to the extent that the Startup relating to any entrant that has been selected to receive a prize package under Section 8 is, as of February 22, 2018, no longer actively engaged in business operations or substantial preparations to become engaged in business operations (in each case as determined by Sponsor in its sole but reasonable discretion), then Sponsor may elect to withdraw the unused portion of the prize package from such entrant and award the remaining portion of such prize package to another eligible entrant selected in good faith by Sponsor.
10. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the 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 damage the website described in Section 5 or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
11. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Not a Game of Chance
Neither Sponsor nor any entrant consider or intend the Contest to be characterized as a lottery or a game of chance.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Albuquerque, New Mexico. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New Mexico, without giving effect to any choice of law or conflict of law rules.