Art Feast Sweepstakes (“Sweepstakes”)


Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID IN ALASKA, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1.        Eligibility:  Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia (excluding Alaska) who are nineteen (19) years of age or older and have valid email/Instagram® accounts at the time of entry.  Eligibility is contingent on agreement to, and compliance with, these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  Sweepstakes subject to all applicable federal, state, and local laws and regulations.  This Sweepstakes is offered in the United States only and shall only be construed and evaluated according to United States law. Do not enter this Sweepstakes if you are not located in the United States.

2.        To Enter: Sweepstakes starts on Tuesday, September 24, 2019, at 9:00 a.m. Mountain Time (“MT”) and ends on Sunday, October 6, 2019 at 12:00 p.m. MT (“Sweepstakes Period”).  During the Sweepstakes Period, potential participants must have an Instagram account and use appropriate tags in their submitted photos as described below.

Steps to enter:

1.        On September 24, 26, 30, October 4, 2019  at 9:00 a.m. MST, view the photo posted on Instagram by @cherrycreeknorth that uses the hashtags #CCNArtFeast and #Sweepstakes. The photo will be a close-up section of a piece of outside art located in Cherry Creek North, Denver.

2.        Take a photo of yourself and post your photo on Instagram using the hashtags #CCNArtFeast and #Sweepstakes and tagging @cherrycreeknorth.

3.        Participants (as defined below) can enter the Sweepstakes one (1) time per photo posted.

Potential participants must follow Cherry Creek North on Instagram (@cherrycreeknorth).  Entries must be posted using the hashtags #Sweepstakes and #CCNArtFeast for entries to be valid.  Your photo and hashtags together are your submission (“Submission”).  All entries become property of Sponsor and will not be acknowledged or returned. Incomplete entries are not eligible. Individuals who do not follow all of the instructions, provide the required information in their registration, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.  Entries limited to one (1) per person per photo posted. Sponsor’s computer is the official timekeeping device for this Sweepstakes.  Questions, comments, or complaints regarding this Sweepstakes must be directed to Sponsor and not Instagram.

To participate, you will need to have an Instagram account.  Posting on Instagram requires a mobile device and therefore message and data rates may apply.  If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.  Your Instagram account settings must be set to “unprotected” or “public” so that the Participant’s Submission is viewable by Sponsor. Creating an Instagram account is free but is subject to the applicable terms of conditions and privacy policy.

By posting your Submission, you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Sweepstakes if it believes your Submission fails to conform.

Guidelines:

•        Submission must be in a format acceptable to the applicable social media channel.

•        Submission must contain the promotional hashtags.

•        Submission caption must be in English.

•        The Submission must not contain any music.

•        Any person other than the Participant included in Submission must have expressly authorized the Participant to display their image or likeness. If requested, Participant must be able to provide such permissions or proof in a form acceptable to Sponsor.

•        Submission may not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement.

•        Submission may not depict any person who is under the age of eighteen (18).  

•        Submission must NOT include images of third parties/people, who have not expressly authorized entrant to display their image or likeness.

•        Submission must NOT contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate in the sole discretion of the Sponsor, nor may image contain any derogatory references to Sponsor or any other person or entity.

•        Submission must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by the Sponsor or the computers of any individual or entity participating in or otherwise associated with the Sweepstakes.

•        Submission may not contain personally identifiable information about the participant or any other person, such as last name, address, phone number, email address or any contact information.

•        Submission may not portray a dangerous stunt.

Permissions:  Participant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may not be included in a Submission with a photo or video. If requested, Participant must be able to provide such permissions or proof in a form acceptable to Sponsor.

Submissions may not be indecent, obscene, hateful, tortious, defamatory, or libelous or contain material that violates or infringes another’s rights, or disparage Sponsor or any other person or party affiliated with the Sweepstakes, or contain material that is unlawful in any way. Sponsor reserves the right to disqualify any entry that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Posting or commenting on a Submission constitutes Participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Participant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights Participant is granting to use the content. Sponsor is not responsible for late or incomplete entries, which will be disqualified.  Entries must not disparage; contain material that is inappropriate, indecent, offensive, illegal, or vulgar; or promote bigotry, racism, hatred or discrimination based on race, gender, religion, or sexual orientation.

No photocopied, mechanically, or electronically reproduced entries accepted.  Automated entries are prohibited, and any use of automated devices will cause disqualification.  Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants.  Any attempt by any person found to enter or in any way attempt to obtain more than the authorized number of entries will be found to be ineligible, and their entries will be disqualified all as determined by Sponsor in its sole discretion.  Any eligible individual participating in this Sweepstakes shall be a “Participant.”  Participation must be by the Participant. Potential winners may be required to show proof of being the authorized email/Rapid Rewards account holder.  If the identity of the individual who actually participated in the Sweepstakes cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.

Participants are required to provide truthful information and Sponsor will reject and delete any entry that it discovers to be false or fraudulent.  Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements.

3.        Drawing: Once a potential winner has been identified by following entry methods outlined under #2 "Steps to Enter," the Sponsor will identify and contact potential winners by Instagram direct message.  Each potential winner will be asked to contact Sponsor with a given email address provided via Instagram. All potential winners are subject to eligibility verification by Sponsor.  A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.

4.        Prize: One (1) winner for each of four posts during the Sweepstakes Period will receive one (1) $200 Cherry Creek North Gift Card.

Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner.  All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner.  No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor.  Sponsor reserves the right, at its sole discretion, to substitute a prize or portion of a prize of greater or equal value if the advertised prize is unavailable.

5.        To Claim Prize: Winner will be notified by Instagram direct message.  If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner will be selected by random drawing from among the eligible entries.  In the event that a potential winner is disqualified for any reason, the next received and eligible entry received by Sponsor that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until two (2) attempts have been made to award the prize and each attempt has failed.  Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Sweepstakes Period.  If unable to verify eligibility, Sponsor will select an alternate potential winner within a reasonable time thereafter.  If applicable, winner’s guest must execute a Liability Release and, where legal, Publicity Release (“Guest Documents”), which must be returned with the winner’s Required Documentation prior to the issuance of travel documents or the guest portion of the prize will be forfeited.  If a guest is younger than eighteen (18) years of age, guest’s parent or legal guardian must sign Guest Documents on behalf of such guest and accompany such minor guest.

By participating in the Sweepstakes, winner agrees to have his/her name, voice, likeness, photograph, statements, opinions, biographical information and/or Sweepstakes entry used in any advertising or broadcasting material, whether relating to this Sweepstakes or otherwise, in any media, worldwide, now known or hereinafter developed, in perpetuity, without additional notice, payment, or other compensation unless prohibited by law, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.  

Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of Sponsor’s website, or otherwise in violation of the Official Rules.  Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.  In such event, Sponsor reserves the right, but not the obligation, to award any applicable prize(s) from the entries submitted before the cancellation, suspension, or modification of the Sweepstakes.  Any attempt to undermine the operation of the Sweepstakes may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  

Sponsor reserves the right to make changes in the Official Rules, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement.  

Failure to comply with the Official Rules may result in Participant’s disqualification solely at the discretion of the Sponsor.  

The Sponsor is not responsible for typographical or other errors in the administration of the Sweepstakes or in the announcement of a prize.

In the event a prize is mailed to a winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss.  Sponsor is not responsible for the safe arrival of a prize.  Sponsor is not responsible if potential winner does not receive his/her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Sweepstakes.  Only the prize(s) set forth in these Official Rules will be awarded.  If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, un-awarded, eligible prize claims.

If for any reason a Participant's entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry in the Sweepstakes, subject to availability and provided that the Sweepstakes has not then expired.

6.        Construction and Disputes: Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively 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 or provisions (whether of the State of Colorado, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Colorado. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Sweepstakes materials or these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DENVER COUNTY, COLORADO.

7.        Official Rules and Winner’s List:  Official Rules may be obtained during the Sweepstakes Period by visiting Instagram.com/visitdenver. After the Sweepstakes Period, a Winner’s List may be obtained by mailing a request and self-addressed, stamped envelope to Cherry Creek North Business Improvement District 2401 E. 2nd Ave, Suite 150 Denver, CO 80206.  All requests must be received by October 30, 2019.

11.        Sponsor: Cherry Creek North Business Improvement District, 2401 E. 2nd Ave, Suite 150 Denver, CO 80206. Instagramis not a sponsor, co-sponsor or administrator of this Sweepstakes.