Colorado Department of Public
Health and Environment -
Emergency Preparedness and Response Division
“What If? Colorado Reality Competition”
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND
IS NECESSARY TO ENTER OR WIN THIS COMPETITION. A PURCHASE OR PAYMENT
OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING. VOID WHERE
PROHIBITED BY LAW.
1. ELIGIBILITY. The Colorado Department of Public Health and Environment – Emergency Preparedness and Response Division (“Sponsor”) “What If? Colorado Reality Competition ” (the “Competition”) is only open to entrants who, as of the entry date, are legal residents of the State of Colorado and at least eighteen (18) years old. The Competition is void outside the State of Colorado; and where prohibited or restricted by law. Employees, officers and directors of the Colorado Department of Public Health and Environment, Competition partners (including, without limitation, local public health agencies participating or assisting with the Competition, and media and supplier partners), and their respective parents, subsidiaries, divisions, affiliates, advertising, public relations and promotion agencies, and the immediate families (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 and director, are not eligible to enter.
2. TIMING. The Competition entry period begins at 12:01 a.m. Mountain
Time (“MT”) on July 16, 2007 and ends at 11:59 p.m. MT on
August 31, 2007 (the “Entry Period”). Sponsor’s computer
is the official time-keeping device for the Competition.
3. HOW TO ENTER.
a. Each entrant is required to submit an audition video that answers
the following question: “In an emergency, what are the five top
items you could not live without.” The audition video must also
conform to the following standards: (i) it must be no longer than one
(1) minute, (ii) the entrant may be the only person who appears in the
video (including both the audio and video components), (iii) it must
be submitted as provided in Section 3(b) below, (iv) it must be the
entrant’s own original creation, as further described in Section
3(c) below, and (v) it must not be offensive or inappropriate, or infringe
the rights of any person or entity, as further described in Section
3(d) below.
b. There are three (3) ways to submit an audition video and enter the
Competition:
i. Enter Online: During the Entry Period, go to www.WhatIfColorado.com
(the “Competition Website”) to the Competition entry section
of the website and follow the links and instructions for online entry.
Each entrant must completely fill out and agree to the online Audition
Application/Affidavit and Release provided by Sponsor, and submit the
Audition Application/Affidavit and Release and entrant’s audition
video in accordance with the on-screen instructions. Audition videos
submitted online must be digital videos that are in a size and format
that are compatible with the YouTube Internet video system (located
at www.youtube.com).
ii. Enter by Mail: During the Entry Period, completely fill out
and sign an Audition Application/Affidavit and Release provided by Sponsor,
and mail the Audition Application/Affidavit and Release and entrant’s
audition video by United States mail in a sealed envelope or box with
correct postage to "What If? Colorado Reality Competition
– Entry Submission," P.O. Box 13919, Denver, Colorado, 80201.
Audition videos submitted by mail must be in one of the following formats:
DVD or VHS formats.
iii. Enter at a Competition Promotional Event: During the Entry
Period, go to an official event at which audition videos for the Competition
will be filmed by Sponsor so that your entry may be submitted. A list
of such events is located at www.WhatIfColorado.com at the Competition
section of the website and will be updated from time to time during
the Entry Period. At the filming location, have your audition video
filmed by a Competition representative (which service is free of charge),
completely fill out and sign an Audition Application/Affidavit and Release
provided by Sponsor, and submit both to the Competition representative
at the event. Space is limited at each filming location and there
is no guarantee of being able to have an entrant’s audition video
filmed at any particular event.
iv. All Entries: LIMIT: One (1) entry per entrant, regardless
of method of entry. All entries must be received by Sponsor during the
Entry Period. Failure to submit all required information and submissions
in the manner required in these Official Rules may result in disqualification.
Entries will not be acknowledged or returned. Proof of submission will
not be deemed to be proof of receipt by Sponsor. Any submission that
does not comply with any aspect of these Official Rules, as determined
by Sponsor in its sole discretion, may be rejected by Sponsor and the
entrant disqualified.
c. An entrant’s audition (and all components of such audition)
must be the entrant’s own original creation (an original is the
product of one’s own mind and is not a copy or imitation), created
solely by the entrant. Auditions must not have been performed, displayed
or published previously, in whole or in part, or have won any other
award. Modifying, enhancing or altering a third party’s preexisting
work does not qualify as an entrant’s original creation.
d. Each submission must be in keeping with Sponsor’s positive
image and may not be offensive or inappropriate, as determined by Sponsor
in its sole discretion, nor can it defame or invade publicity rights
or privacy of any person, living or deceased, or entity, or otherwise
infringe upon any person’ s or entity’s personal, intellectual
property or property rights or any other third party rights (including,
without limitation, copyright and trademark rights). A submission may
not incorporate or include anything that would require the consent of
any third party for the use of the submission as set forth in these
Official Rules. Sponsor reserves the right, in its sole discretion,
to disqualify any entry Sponsor deems, in whole or in part, to be offensive,
inappropriate or that is not in keeping with Sponsor’s image;
such a determination by Sponsor may be made at any time, including,
without limitation, based on facts or circumstances arising before,
during or after submission of an entrant’s audition.
e. Each entry and related submissions, including, without limitation,
all contents, concepts and ideas embodied therein, becomes the exclusive
property of Sponsor, and will not be returned by Sponsor. Each entrant
hereby irrevocably assigns to Sponsor, its successors and assigns, all
right, title and interest in and to such entry and submissions, including,
without limitation, all intellectual property and other proprietary
rights, without expectation of compensation or acknowledgement (other
than competing for and, if applicable, receiving a prize, if any, that
is awarded to an entrant as set forth in these Official Rules). Each
entrant agrees that Sponsor and its successors, assigns, licensees and
designees shall have the perpetual, irrevocable, world-wide and fully-transferable
right (but not obligation) to use, modify, display, reproduce, make
derivative works of, and otherwise exploit entrant’s entry and
submissions (or any part thereof) for promotional purposes in any manner
or media whether now or hereafter existing and/or to otherwise use or
commercially exploit in any manner any entry or submission (or any part
thereof) or information or ideas contained within any entry or submission,
all without further payment, consideration, attribution, notice or consent.
Without limiting the foregoing, one such use may include posting of
some or all of an entrant’s entry information and/or audition
on www.WhatIfColorado.com or on third party websites in connection with
the conduct of the Competition. Sponsor shall have no obligation to
maintain any of the entries or submissions, or any information or ideas
contained therein, as confidential or proprietary. Sponsor reserves
the right to edit, modify, or abridge any such entry or submissions
for any reason prior to use.
f. All entrants, entries and audition videos are subject to verification
by Sponsor. Sponsor reserves the right to conduct a background check
on any or all entrants, and Sponsor reserves the right to disqualify
any individual based on such background check if Sponsor determines
in its sole discretion that permitting an individual to participate
in the Competition and/or awarding a prize to any such individual might
reflect negatively on Sponsor. Entrants will cooperate with Sponsor
and its representatives in connection with any and all verification
and background check activities.
g. Each Entrant agrees that he/she will not conduct or participate in
any media interview regarding this Competition or any Competition level,
activities or prizes without the express prior written permission of
Sponsor.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating
in the Competition, each entrant irrevocably, fully and unconditionally
agrees to be bound by and accepts these Official Rules, the Audition
Application/Affidavit and Release provided by Sponsor, and the decisions
of Sponsor and its judges (including, without limitation, decisions
regarding eligibility of entries, the selection of semi-finalists, finalists
and winners, and the awarding of prizes), which are final and binding
in all respects. Each entrant must comply with all the terms and conditions
of these Official Rules, and participating and winning in the Competition
is contingent on fulfilling all requirements hereunder.
5. JUDGING; CRITERIA; SELECTION; NOTIFICATION.
a. The Competition contains three (3) rounds of judging: (i) Regional
Semi-Finalist Judging, (ii) Regional Finalist Voting, and (iii) Grand
Prize Judging.
b. Regional Semi-Finalist Judging: Beginning on September 1,
2007 and continuing until September 5, 2007, a panel of judges appointed
by Sponsor (the “Judging Panel”) will judge and score all
eligible entries and submissions in accordance with the judging criteria
described below in this Section 5(b). The Judging Panel will be comprised
of individuals who are experienced in public health and safety, and
emergency preparedness. Such judges will be individuals selected by
Sponsor and may also be employees or agents of Sponsor. Eligible entries
will be divided into nine (9) pools corresponding to the Colorado geographic
region in which the entrant’s physical home address (as per the
entrant’s Audition Submission) is located. There are nine (9)
“Geographic Regions” as follows: (i) North Central Region
– comprised of Adams, Arapahoe, Boulder, Broomfield, Clear Creek,
Denver, Douglas, Elbert, Gilpin, and Jefferson counties; (ii) Northeast
Region – comprised of Larimer, Weld, Morgan, Logan, Sedwick, Phillips,
Yuma, Washington, Cheyenne, Kit Carson and Lincoln counties; (iii) Northwest
Region – comprised of Eagle Moffat, Summit, Routt, Pitkin, Rio
Blanco, Jackson, Grand, Garfield and Mesa counties; (iv) San Luis Region
– comprised of Rio Grand, Costilla, Conejos, Alamosa, Saguache
and Mineral counties; (v) Southern Region – comprised of Pueblo,
Huerfano, Custer, Fremont and Las Animas counties; (vi) South Central
Region – comprised of El Paso, Teller, Park, Lake and Chaffee
counties; (vii) Southeast Region – comprised of Baca, Otero, Crowley,
Prowers and Kiowa counties; (viii) Southwest Region – comprised
of Archuleta, La Plata, San Juan, Delores and Montezuma counties, Southern
Ute Indian Reservation and Ute Mountain Indian Reservation; and (ix)
Western Region – comprised of Hinsdale, San Miguel, Montrose,
Gunnison, Ouray and Delta counties. The Judging Panel will judge each
audition video based on the following criteria: (I) audition content
has good structure and is clear, innovative, creative and unique (forty
percent) (40%), (II) entrant is personable and engaging, and able to
clearly and effectively communicate entrant’s thoughts and ideas
on the audition topic (thirty percent) (30%) and (III) entrant clearly
articulates an understanding of the question: “In an emergency,
what are the top five items you could not live without” (thirty
percent) (30%). The Judging Panel will select the top five (5) audition
videos from each Geographic Region with the highest cumulative scores
as based on such criteria, and the corresponding forty-five (45) selected
entrants shall be the potential Regional Semi-Finalists. In the event
of a tie, the tied entries will be re-evaluated against each other by
the Judging Panel based on the aforementioned criteria until the tie
is broken.
Regional Semi-Finalist Notification: Potential Regional Semi-Finalists
will be announced on or about September 5, 2007. A potential Semi-Finalist
will be notified by telephone or email. If the potential Semi-Finalist
is found to be ineligible, or if the potential Semi-Finalist does not
comply with the Official Rules, then the potential Semi-Finalist may
be disqualified and an alternate potential Semi-Finalist may be selected
by Sponsor in his/her place, which alternate shall be the entrant who
would have been a Semi-Finalist in the applicable Geographic Region
if the disqualified potential Semi-Finalist was not considered in the
Semi-Finalist judging. In such event, an alternate potential Semi-Finalist
will be notified by Sponsor by telephone or email; however, Sponsor,
in its sole discretion, may adjust the above timing and response requirements
to accommodate Sponsor’s Competition schedule, and due to such
schedule and timing, Sponsor may be unable to name or accommodate an
alternate Semi-Finalist with respect to the disqualified potential Semi-Finalist.
SUBMISSIONS MAY BE FEATURED ON THE COMPETITION WEBSITE DURING THE ENTRY
PERIOD OR THEREAFTER IN SPONSOR’S SOLE DISCRETION. THE FACT THAT
A SUBMISSION IS FEATURED ON THE COMPETITION WEBSITE IS UNRELATED TO
THE JUDGING OR VOTING IN THE COMPETITION AND DOES NOT IMPLY THAT AN
ENTRANT IS FAVORED TO WIN ANYTHING OR THAT AN ENTRANT IS A REGIONAL
SEMI-FINALIST, A REGIONAL FINALIST OR A WINNER IN THE COMPETITION.
c. Regional Finalist Voting: Beginning at 12:01 a.m. MT on September
6, 2007 and ending at 11:59 p.m. MT on September 12, 2007 (the “Finalist
Voting Period”), the audition videos of the verified Regional
Semi-Finalists will be posted on the Competition Website at www.WhatIfColorado.com.
Sponsor may also post other submitted information of such Regional Semi-Finalists.
Any person who as of September 6, 2007 is thirteen (13) years or older
and a current legal resident of the State of Colorado and a registered
user of the Competition Website can vote for his/her favorite audition
video in each of the Geographic Regions. Go to the Competition Website
and follow the links and instructions for (i) registering as a registered
user of the Competition Website and (ii) viewing audition videos, voting
and submitting a vote. LIMIT: One (1) vote per favorite audition video
in each of the Geographic Regions per registered user. Each Semi-Finalist
may vote for his/her own audition video in accordance with these Official
Rules. All votes must be received by 11:59 p.m. on September 12, 2007.
Any attempt to vote other than as described above shall be null and
void. The nine (9) Regional Semi-Finalists in each Geographic Region
that receive the most votes (cast by eligible voters in accordance with
these Official Rules) will be the potential Regional Finalists. Ties,
if any, in a Geographic Region, will be resolved by the Judging Panel
using the same criteria as set forth in Section 5(b) above.
Regional Finalist Notification: Potential Regional Finalists will
be announced on or about September 12, 2007. A potential Finalist will
be notified by telephone. If a potential Finalist is not present at
the time of the call and a telephone message can be left by Sponsor
at that time, he/she will have forty-eight (48) hours to return Sponsor’s
call. On the call or return message, a potential Finalist must affirmatively
confirm the entrant’s continuation in the Competition, including
verifying that entrant is willing and able to live and participate in
Sponsor’s “What If? Colorado Reality Competition”
emergency preparedness demonstration house (the “the Demonstration
House”) and participate in associated House Events (as defined
in Section 6(c) below) on September 20-23, 2007, as described in Section
6 below. If a telephone message cannot be left by Sponsor at a potential
Finalist’s phone number when the Sponsor places the notification
call, if the potential Finalist does not return the notification call
within forty-eight (48) hours of Sponsor’s first attempt to contact
the potential Finalist by telephone, if the potential Finalist does
not affirmatively confirm the entrant’s continuation in the Competition,
if the potential Finalist is found to be ineligible, or if the potential
Finalist does not comply with the Official Rules, then the potential
Finalist may be disqualified and an alternate potential Finalist selected
by Sponsor in his/her place, which alternate shall be the entrant who
would have been a Finalist in the applicable Geographic Region if the
disqualified potential Finalist was not considered in the Finalist voting.
In such event, an alternate potential Finalist will be notified by Sponsor
by telephone as described above and will be required to make the verifications
to Sponsor as described above; however, Sponsor, in its sole discretion,
may adjust the above timing and delivery requirements to accommodate
Sponsor’s Competition schedule, and due to such schedule and timing,
Sponsor may be unable to name or accommodate an alternate Finalist with
respect to the disqualified potential Finalist. Sponsor is not responsible
for the failure of a potential Finalist to receive Sponsor’s telephone
message, or for the inability of such potential Finalist to return Sponsor’s
telephone message for any reason.
d. Grand Prize Judging. The verified Regional Finalists will
live and participate in Sponsor’s Demonstration House and participate
in associated House Events, as described in Section 6 below, during
which participation, the Judging Panel will judge and score each Regional
Finalist’s response to each House Event based on the following
criteria: (i) understanding of the challenges presented in the House
Event (forty percent) (40%), (ii) ability to work effectively with other
participants in the House Event to resolve the issues or problems presented
in the challenges presented (thirty percent) (30%) and (iii) creativity
demonstrated in resolving challenges presented in the House Event (thirty
percent) (30%). After the conclusion of the last House Event, the Judging
Panel will select the Regional Finalist with the highest cumulative
score in all of the House Events as based on such criteria, and such
Regional Finalist shall be the Grand Prize winner in the Competition.
In the event of a tie, the tied Regional Finalists will be re-evaluated
against each other by the Judging Panel on a per House Event basis based
on the aforementioned criteria until the tie is broken.
Grand Prize Notification: The Grand Prize winner will be announced
by Sponsor on or after the last day of the last House Event. The Grand
Prize winner will be notified in person, by telephone or by email. In
the event that the Grand Prize winner is found to be ineligible, or
if the potential Grand Prize winner does not comply with the Official
Rules, then the Grand Prize winner may be disqualified and an alternate
Grand Prize winner selected by Sponsor in his/her place, which alternate
shall be the Regional Finalist who would have been the Grand Prize winner
if the disqualified Grand Prize winner was not considered in the Grand
Prize judging. In such event, the alternate potential Grand Prize winner
will be notified by Sponsor as described above.
6. What If? Colorado HOUSE; HOUSE EVENT COMPETITIONS; RECORDINGS.
a. Verified Regional Finalists will live and participate in the Demonstration
House to be located in the Denver, Colorado metropolitan area and participate
in associated House Events on September 20-23, 2007. In addition to
the Regional Finalists, other individuals may also live in and/or participate
in the Demonstration House and participate in the associated House Event
competitions as directed by Sponsor, including production crew members
and additional Demonstration House and House Events participants.
b. Participants are required to observe the rules and schedule for the
Demonstration House and House Events as established by Sponsor, including,
without limitation, filming and recording schedules.
c. Each day, each participant will be given emergency preparedness scenarios
by Sponsor that the participant
must address in accordance with the scenario instructions provided by
Sponsor (“House Events”). The participants will then be
judged against each other by the Judging Panel on a scenario by scenario
basis as described in Section 5(d) above in order to determine the Grand
Prize winner. Some scenarios may take place in or around the Demonstration
House, while others may take place at other locations away from the
Demonstration House.
d. Sponsor and/or its designees will make video and/or audio recordings
of and/or otherwise film, photograph and memorialize some or all of
a participant’s participation in the Demonstration House, the
House Events and related activities (collectively, the “Recordings”),
and create a reality show which will be posted on the Competition Website
at www.WhatIfColorado.com. Sponsor, in its sole discretion, will determine
the contents, duration and all other aspects of such posting, including,
without limitation, posting schedules. There is no guarantee any portion
or any specific portion of a participant’s recorded participation
will be included in the reality show.
e. By being allowed to participate in the Demonstration House, the House
Events and related activities, each Regional Finalist hereby irrevocably
consents to the making of the Recordings, and acknowledges and agrees
that (i) the Recordings, including, without limitation, all contents,
concepts and ideas embodied therein, are the exclusive property of Sponsor,
(ii) he/she irrevocably assigns to Sponsor, its successors and assigns,
all right, title and interest in and to such Recordings and his/her
recorded participation in the Recordings, including, without limitation,
all intellectual property and other proprietary rights, without expectation
of compensation or acknowledgement (other than competing for and, if
applicable, receiving a prize, if any, that is awarded to the Regional
Finalists or Grand Prize winner as set forth in these Official Rules),
(iii) Sponsor and its successors, assigns, licensees and designees shall
have the perpetual, irrevocable, world-wide and fully-transferable right
(but not obligation) to use, modify, display, reproduce, make derivative
works of, and otherwise exploit the Recordings (or any part thereof)
for promotional purposes in any manner or media whether now or hereafter
existing and/or to otherwise use or commercially exploit in any manner
any the Recordings (or any part thereof) or information or ideas contained
within the Recordings, all without further payment, consideration, attribution,
notice or consent. Without limiting the foregoing, one such use will
include posting of some or all of the Recordings on the Competition
Website as described in Section 6(d) above. Sponsor shall have no obligation
to maintain the Recordings or any part thereof, or any information or
ideas contained therein, as confidential or proprietary. Sponsor reserves
the right to edit, modify, or abridge the Recordings for any reason
at any time.
7. PRIZES. a. A total of ten (10) prizes will be awarded in the Competition; one (1) prize to each of the Regional Finalists (a total of nine (9) Regional Finalist prizes), and one (1) prize to the Grand Prize winner. The approximate retail value (“ARV”) of all prizes to be awarded in this Competition is $11,500.
b. The Grand Prize consists of and is limited to a cash payment of $2,500.
The ARV of the Grand Prize is $2,500.
c. A Regional Finalist prize consists of and is limited to: (i) ground
and/or air transportation (as determined by Sponsor) to and from the
Regional Finalist’s residence to the Demonstration House, and
to and from the Demonstration House and House Event locations, (ii)
lodging at the Demonstration House during the House Events, (iii) meals
and beverages at the Demonstration House during the House Events, and
(iv) one (1) Apple 30 GB iPod. All prizes and prize components are as
determined and provided by Sponsor. The ARV of each Regional Finalist
prize is $1,000.
d. Prizes must be accepted as awarded, and prizes are awarded “AS
IS” with no warranty, representation, or guarantee, express or
implied, in fact or in law, made by Sponsor (or any other Releasee (as
defined in Section 10 below) or for which Sponsor (or any other Releasee)
may be liable, including, without limitation, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE IPOD, THE PRIZE
CONSISTS OF AND IS LIMITED ONLY TO THE UNIT AND OTHER ITEMS WHICH ACCOMPANY
A BASE MODEL UNIT IN ITS BOX. ADDITIONAL SERVICES AND/OR ITEMS ARE OR
MAY BE REQUIRED TO USE THE PRIZE, AND THOSE SERVICES AND ITEMS ARE NOT
INCLUDED WITH THE PRIZE BUT MUST BE PURCHASED OR OTHERWISE OBTAINED
AT THE WINNER'S TIME AND EXPENSE IN ORDER TO USE THE PRIZE. All costs
and expenses not specified herein related to a prize or the award, acceptance
or use thereof, including but not limited to additional transportation
costs, lodging, meals, beverages, taxes (including income taxes), gratuities,
insurance, healthcare expenses, surcharges and other expenses incurred
with respect to the award, acceptance and use of a prize are the sole
responsibility of the prize winner. Unused components of a prize shall
be forfeited and have no redeemable cash value. Entrants must comply
with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements. Prizes are non-transferable
and non-assignable, and are not refundable. No cash or other substitution
may be made, except by Sponsor, who reserves the right (but has no obligation)
to substitute a prize (or a component thereof) with another prize (or
component thereof, including cash) of equal or greater value if the
prize (or any component thereof) is not available for any reason as
determined by Sponsor, in its sole discretion. A prize winner is fully
responsible for any and all applicable federal, state, international
and local taxes and assessments associated with prize award, receipt
and use. If applicable, a prize winner will be issued an IRS Form 1099
for the approximate retail value of the prize.
8. PUBLICITY. Participation in the Competition constitutes
entrant’s consent to Sponsor’s (and its successors’,
assigns’, licensees’ and designees’) use of entrant’s
name, biography, likeness, voice, photographs, video, opinions, hometown,
state and country for promotional or other purposes in any manner or
media (including, without limitation, online), worldwide, in perpetuity,
and without further payment, consideration, notice or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole
discretion, to terminate, modify or suspend the Competition if, in Sponsor’s
opinion, there is any suspected or actual evidence of electronic or
non-electronic tampering with any portion of the Competition, 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 Competition. In such event, Sponsor reserves
the right (but does not have an obligation) in its sole discretion to
award the prizes based on the above judging criteria from among eligible,
non-suspect entries received up to the time of suspected 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 Competition 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 web site or undermine the legitimate operation
of this Competition 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.
10. LIABILITY RELEASE. By entering, each entrant forever and
irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Sponsor,
its parents, subsidiaries, divisions and affiliates (including, without
limitation, the State of Colorado); any and all persons and entities
responsible for sponsoring, fulfilling, administering, advertising or
promoting the sweepstakes or supplying any prize (including, without
limitation, GroundFloor Media, Inc., all Competition media and supplier
partners, and all local public heath agencies participating or assisting
with the Competition); all other persons and entities participating
in the Competition in any manner (including, without limitation, other
Competition contestants, and Competition vendors and contractors); and
the employees, officers, directors, owners, representatives, agents,
heirs, successors, assigns and insurers of each of them (collectively,
the “Releasees”) from and against all losses, claims, damages,
liabilities, costs or expenses (collectively, “Losses”),
arising in whole or in part, directly or indirectly, from the entrant’s
entry and/or participation in the Competition and/or the entrant’s
receipt or use of any prize awarded in the Competition, including, but
not limited to, any Losses caused or alleged to be CAUSED IN WHOLE OR
IN PART BY THE NEGLIGENCE of any Releasee. The foregoing release includes,
without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS
OR DAMAGE to entrant or any third party arising in whole or in part,
directly or indirectly, from any prize or the use of any prize; the
award, acceptance, possession, use or misuse of any prize; and participation
in the Competition, any Competition activities or any prize activities
(including, without limitation, traveling to and from and living in
and participating in the Demonstration House, traveling to and from
and participating in the House Events, and traveling to and from and
participating in any related activities). Each entrant 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 entrant against the Releasees and no action will be taken
by or on behalf of an entrant with respect to any such claims and rights,
it being understood that these Official Rules, including this Section
10, shall be binding upon each entrant, and his/her successors, assignees,
subrogors, insurers, heirs, next of kin, executors, representatives,
and legal and personal representatives. Each entrant further acknowledges
that Sponsor, its employees, and the State of Colorado maintain their
rights under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101
et seq.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for:
(a) incorrect or inaccurate transcription of entry information or late,
lost, stolen, unintelligible, illegible, damaged, mutilated, altered,
incomplete, postage due or misdirected entries or entries 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,
web site, server provider, network, hardware or software; (c) the unavailability
or inaccessibility of any telephone, mail, website or service; (d) unauthorized
intervention in any part of the entry process or the Competition; (e)
printing, typographical, electronic or human errors which may occur
in the offer or administration of the Competition or the processing
of entries; or (f) any injury or damage to persons or property, including
but not limited to entrant’s computer, which may be caused, directly
or indirectly, in whole or in part, from entrant’s participation
in the Competition, or from viewing, playing or downloading any material
from Sponsor’s web site(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 web site by a hypertext
link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes,
claims, and causes of action arising out of or connected with this Competition,
or any prizes awarded shall be resolved individually, without resort
to any form of class action, and solely and exclusively in a federal
or state court located in the City and County of Denver, Colorado; entrant
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, including costs associated with entering this Competition
but in no event attorneys’ fees; and (c) 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 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 entrant or Sponsor in connection with the Competition
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.
13. DATA COLLECTION. Sponsor collects personal information
from entrants when they enter the Competition. The information collected
is subject to the Privacy
Policy of Sponsor.
14. OFFICIAL RULES. These Official Rules are available online
at www.WhatIfColorado.com at the Competition section of the website,
at official audition video recording sites (while supplies are available),
or by sending a self-addressed postage-stamped envelope to “What
If? Colorado Reality Competition - Rules Request,” P.O. Box
13919, Denver, Colorado, 80201.
15. WINNER’S LIST. To request a list of winners, send
a self-addressed postage-stamped envelope to “What If? Colorado
Reality Competition – Winner’s List Request,” P.O.
Box 13919, Denver, Colorado, 80201 . Requests must be received prior
to January 1, 2008.
16. SPONSOR. The sponsor of the Competition is Colorado Department
of Public Health and Environment – Emergency Preparedness and
Response Division. The address of the Sponsor’s actual principal
place of business is 4300 Cherry Creek Drive South, Denver, Colorado,
80246. The address at which the Sponsor may be contacted is P.O. Box
13919, Denver, Colorado, 80201.