Legendary Scan Challenge

ARAPAHOE BASIN SKI AREA

26/27 Legendary Scan Challenge

OFFICIAL RULES

1. SPONSOR: The Arapahoe Basin Ski Area “26/27 Legendary Scan Challenge” (the “Challenge”) is sponsored by Dundee Resort Development LLC dba Arapahoe Basin Ski Area (“Sponsor”) and the address at which Sponsor may be contacted is Dundee Resort Development LLC dba Arapahoe Basin Ski Area, 28194 US Hwy 6, PO Box 5808, Dillon, Colorado 80435. None of the prize providers (collectively, the “Prize Providers”), or Meta Platforms, Inc. is a sponsor or administrator of the Challenge, the Challenge is in no way endorsed by any of them, and they shall have no responsibility or liability with respect to the Challenge.

2. CHALLENGE PERIOD: The Challenge period begins at 9:00AM Mountain Time (“MT”) on the opening day of the 26/27 ski season and ends at 4:00PM MT on the closing day of the 26/27 ski season (the “Challenge Period”). Sponsor’s computer systems and databases are the official timekeeping devices for the Challenge.

3. ELIGIBILITY: The Challenge is open only to participants who, as of the first day of the Challenge Period: (i) are permanent legal residents of the fifty (50) United States who are at least eighteen (18) years of age or older and who have reached the age of majority in the state in which they reside; (ii) are the holders of a valid 26/27 IKON Pass, 26/27 IKON Base Pass, 26/27 A-Basin Season Pass, 26/27 A-Basin Midweek Pass, any 26/27 Day Pack, or 26/27 Midweek Pack (each, an “Eligible Pass Product”); and (iii) are enrolled in Sponsor marketing email communications. The following products and individuals are not eligible to participate: A-Basin lift tickets, Team Summit/Breck/Quantum products, Summit Foundation Medallions, IKON Pass Session products, employees, officers, directors, and volunteers of Sponsor, IKON Pass, Inc., and all of their respective parents, affiliates (including, without limitation, division), subsidiaries, advertising and promotion agencies (including, without limitation, Alterra Mountain Company, and immediate family members (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer or director. Continued enrollment in Sponsor marketing email communications throughout the Challenge Period is a condition of participation in the Challenge and eligibility to earn and redeem Rewards. The Challenge is subject to all applicable federal, state, and local laws and regulations. The Challenge is void outside of eligible territories. 

4. HOW TO PARTICIPATE: During the Challenge Period, eligible individuals must visit the Challenge enrollment page at https://www.arapahoebasin.com/scan-challenge-signup/ and: (i) complete the Challenge enrollment form; (ii) provide all required enrollment information, including the same email address associated with the participant’s Eligible Pass Product; and (iii) accept these Official Rules.  By enrolling in the Challenge, participants will automatically be enrolled in Sponsor marketing email communications. Continued enrollment in such marketing communications throughout the Challenge Period is a condition of participation in the Challenge and eligibility to earn and redeem Rewards. Participants may opt out of marketing communications at any time following the conclusion of the Challenge Period. Participants who opt out of Sponsor marketing email communications during the Challenge Period may become ineligible to continue participating in the Challenge and to earn or redeem Rewards. Sponsor reserves the right to verify enrollment status and eligibility at any time.

5. HOW THE CHALLENGE WORKS: Eligible participants earn progress toward Challenge milestones through qualifying scan activity during the Challenge Period. A "qualifying scan" means a valid lift-access scan associated with an Eligible Product. Only one (1) qualifying scan per participant per Operating Day will count toward milestone achievement. For purposes of these Official Rules, an "Operating Day" means a day on which Arapahoe Basin Ski Area is open to the public for lift-served skiing or snowboarding operations, as determined by Sponsor in its sole discretion. Uphill access-only days do not count toward the Challenge. A valid lift-access scan associated with an Eligible Pass Product is required. Sponsor's records concerning qualification, scan activity, milestone achievement, and eligibility shall be final and binding.

6. MILESTONES: Subject to verification and compliance with these Official Rules, eligible participants who achieve the corresponding milestone may receive the following rewards (each, individually, a “Reward” and collectively, the “Rewards”):

Participants may receive only one (1) Reward per milestone achieved. Sponsor reserves the right to substitute any Reward with a reward of equal or greater value if an advertised Reward becomes unavailable.

Participants must satisfy all eligibility requirements, including active enrollment in Sponsor marketing email communications, at the time a Reward milestone is achieved in order to be eligible for the corresponding Reward. Participants who are not actively enrolled in Sponsor marketing email communications when a milestone is achieved may be deemed ineligible for the corresponding Reward, as determined by Sponsor in its sole discretion.

7. REWARD NOTIFICATION: After achieving a milestone, Sponsor will generally attempt to notify the participant by email within two (2) days at the email address associated with the participant's Challenge enrollment. Participants are responsible for maintaining accurate and current contact information with Sponsor.

8. REWARD REDEMPTION: The participant must present the Reward notification email in person at the location designated in the Reward notification email prior to the end of Arapahoe Basin Ski Area’s 26/27 ski season in order to claim the applicable reward. Any Reward not timely claimed or redeemed shall be permanently forfeited. Participants may be required to provide proof of identity, eligibility, enrollment status, and qualifying scan activity before receiving a Reward. Sponsor reserves the right to deny any claim that cannot be verified to Sponsor's satisfaction. Sponsor is not responsible for incomplete, inaccurate, blocked, delayed, or undelivered communications. Eligible participants who achieve a Reward milestone on the last or second-to-last day of the 26/27 ski season but have not yet received a Reward notification email before the last day of the 26/27 ski season may nonetheless attempt to claim a Reward in person on the last day of the 26/27 ski season by presenting proof of eligibility, including, without limitation, proof of age, Eligible Pass Product eligibility, photo identification, and proof of number of qualifying scans, to staff at Arapahoe Sports. Sponsor shall have full discretion as to whether to grant any Rewards attempted to be claimed in this manner. Any Reward not claimed or redeemed by a participant in person at Arapahoe Sports prior to the end of the 26/27 ski season will be permanently forfeited.

9. REWARD CONDITIONS: Rewards are awarded solely upon achievement of the applicable milestone and verification of eligibility. Rewards are non-transferable, non-assignable, non-negotiable, and not redeemable for cash or credit, except as otherwise provided in these Official Rules. Rewards must be accepted as awarded. To the fullest extent permitted by applicable law, Rewards are awarded “AS IS” with no warranty, condition, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND PARTICIPANT ASSUMES ANY AND ALL RISK OF USING THE REWARD, INCLUDING PERSONAL INJURY OR DEATH. No Reward substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a Reward (or a component thereof) with another reward of comparable or greater value if the Reward (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a Reward shall be forfeited and have no redeemable cash value. Participant is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Reward award, redemption, receipt and use not specified in the Reward description above, including, without limitation, all international, federal, state and local taxes on the Reward. If applicable, participant will be issued an IRS Form 1099 for the actual retail value of the Reward. Participant waives the right to assert as a cost of earning a Reward and any and all costs of verification and redemption or travel to redeem the Reward. Non-compliance with any of the foregoing and any other condition of this Challenge may result in disqualification and forfeiture of Reward, in which case, no consideration will be awarded.

10. PUBLICITY: Except where prohibited by law, participation in the Challenge constitutes participant’s consent to Sponsor’s (and its successors’ and assigns’) use of participant’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, attribution, notice, review or consent.

11. GENERAL CONDITIONS: Sponsor reserves the right to require participants to complete, execute and deliver to Sponsor additional documents at any time as required, in the forms provided, and within the timeframe required by Sponsor, or the participant may be disqualified.  Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Challenge if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Challenge. 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 Challenge or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Challenge is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

12. RELEASE: By participating in the Challenge, each participant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Sponsor, Alterra Mountain Company, The Prize Providers, Instagram, Facebook, and each of their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, and all of their respective employees, officers, directors, shareholders and agents (collectively, the “Released Parties”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from participant’s participation in the Challenge and/or participant’s award, receipt or use of any reward awarded in the Challenge (including, without limitation, by participating in any activities at Arapahoe Basin Ski Area). The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to participant or any third party arising in whole or in part, directly or indirectly, from any reward or the use of any reward, the award, acceptance, possession, use or misuse of any reward (including, without limitation, by participating in any activities at Arapahoe Basin Ski Area), and entry and participation in the Challenge including, but not limited to, on account of negligence of Sponsor and/or resort personnel, employees or volunteers. Each participant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each participant against the Releasees and no action will be taken by or on behalf of a participant with respect to any such claims and rights, it being understood that these Official Rules, including this Rule 12, shall be binding upon each participant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives. 

13. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (a) incorrect or inaccurate transcription of enrollment information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected enrollments or enrollments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the enrollment process or the Challenge; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Challenge or the processing of enrollments; or (f) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Challenge, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.

14. DISPUTES: Each participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Challenge or any rewards awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in state or federal courts located in Summit County, Colorado; participant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in connection with entering this Challenge but in no event legal or attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 participant or Sponsor in connection with the Challenge 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 of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.

15. PRIVACY/DATA COLLECTION: Participants provide personal information on the entry form when they enroll in the Challenge. Sponsor collects this information and uses it to (a) administer the Challenge and (b) for market research and other marketing purposes. For information about the ways Sponsor uses and shares personal information collected online through its website, please see the Privacy Policy of Sponsor located at: https://www.alterramtnco.com/privacy-policy/. In the event of any conflict between the Privacy Policy and these Official Rules, these Official Rules shall govern.