Terms & Conditions
2020 OLD TOWN SPREE SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SWEEPSTAKES DESCRIPTION: The 2020 Old Town Spree Sweepstakes (“Sweepstakes”) is sponsored by the Fort Collins, Colorado, Downtown Development Authority (“Sponsor”) and begins on November 1, 2020, at 12:01 AM Mountain Standard Time (“MST”) and ends on December 31, 2020, at 11:59 PM MST (“Sweepstakes Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Sweepstakes. All times mentioned in these Official Rules are MST unless expressly noted otherwise. Sponsor is responsible for the collection, submission or processing of entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor can be contacted through http://www.downtownfortcollins.com
ELIGIBILITY: Open only to legal U.S. residents who are at least 18 years of age or the age of majority in their state of residence, whichever is older, as of date of entry. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law. Employees, agents and representatives of Sponsor are not eligible to enter or win. Employees, agents and representatives of affiliates of Sponsor, which includes any advertising and Sweepstakes agency, prize supplier, or vendor providing services or materials in connection with this Sweepstakes, as well as any business providing Old Town Spree Cards (collectively, “Sponsor Affiliates”), are not eligible to enter or win. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence. “Immediate Family Members” shall mean spouses, parents, stepparents, grandparents, legal guardians, children, stepchildren, grandchildren, siblings, step-siblings and in-laws. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
Old Town Spree Cards: Obtain an Old Town Spree Card (OTS Card) from a participating business. A minimum of one OTS Card will be provided to customers for purchases of $10.00 or more. Each OTS Card contains a unique code good for one entry. While supplies last. A list of participating business can be found at https://downtownfortcollins.com/wp-content/uploads/2020/10/Old-Town-Spree- Participating-Businesses-2020.pdf
Free Code by Written Request: Obtain a free entry code from Sponsor. For a free entry code, mail a single sheet of paper or 3”x5” card containing your name, complete mailing address, and email address to:
Fort Collins Downtown Development Authority Attn: Old Town Spree Code Request
19 Old Town Square, Suite 230
Fort Collins, CO 80524
Mailed requests must be received by Sponsor by December 26, 2020. Limit one free code request per stamped, hand-addressed outer envelope. Sponsor will send one unique entry code to the email address provided within three business days of receiving a request complying with the above terms.
TO SUBMIT ENTERY CODES: During the Sweepstakes Period, visit https://downtownfortcollins.com/cart/?event=spree&coupon-code=old-town-spree and follow the instructions to complete your registration form and submit your unique entry code. Entry codes can be submitted only one time. All information you provide must be truthful, accurate and complete.
TERMS AND LIMITATIONS ON ENTRIES: A maximum of five hundred entries per person may be submitted during the Sweepstakes Period, regardless of how the entry codes were obtained. No daily limit on code entries. Entries remain valid for all prize drawing throughout the Sweepstakes Period, subject to the prize winner limitations described in the section entitled “Winner Selection” below. Sponsor is not responsible for lost, late, mutilated, misdirected entries or entry requests or entries not received. If there is a dispute over who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email account identified on when the entry code was submitted. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address.
WINNER SELECTION: Winners will be randomly selected from all eligible entries received prior to the date and time of a given drawing. Odds of winning will vary depending on the number of eligible entries received. Entrants are eligible to win only one weekly prize during the Sweepstakes Period. Entrants who win a weekly prize remain eligible to win a grand prize. Entrants are eligible to win only one grand prize during the Sweepstakes Period.
DRAWINGS AND PRIZES:
Prizes and drawing dates are as follows: Weekly Prizes:
• $100.00 Downtown Fort Collins Gift Card will be awarded to four individual winners on or about each of the following dates in 2020/2021:
November 9, 16, 23, 30; December 7, 14, 21, 28; January 4
(Total of thirty-six $100.00 Downtown Fort Collins Gift Cards; total value of all prizes is $3600.00.)
• $50.00 Downtown Fort Collins Gift Card will be awarded to one winner on or about each of the following dates in 2020:
November 6, 25; December 11
(Total of three $50.00 Downtown Fort Collins Gift Cards; total value of all prizes is $150.00.)
• $250.00 Downtown Fort Collins Gift Card will be awarded to five individual winners on or about January 4, 2021.
(Total of five $250.00 Downtown Fort Collins Gift Cards; total value of all prizes is $1250.00.)
Prizes consist of only those items specifically listed. Sponsor reserves the right to substitute any prize with a prize of equal or greater value in its sole discretion. Prizes cannot be transferred, redeemed for cash, or substituted by winner. Gift cards are valid only at participating locations and are subject to all terms, conditions and restrictions on the face of the gift cards or imposed by issuer. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. All properly claimed prizes will be awarded, but under no circumstances will more than the advertised number of prizes be awarded. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Prizes are awarded “AS IS.” Sponsor will not replace any lost or stolen prizes. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
WINNER NOTIFICATION: Sponsor will notify potential winners by email. If a potential winner: (a) does not respond after the first attempted contact from Sponsor within five calendar days by replying to the email; (b) is not in compliance with these Official Rules; (c) does not meet the eligibility requirements; (d) declines the prize; or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and the prize awarded to an alternate winner as determined by random drawing from the remaining eligible entries. Sponsor will conduct up to two alternate drawings for the prize, time permitting. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or the potential winner’s failure to adequately monitor his or her email account. The potential winner, in Sponsor’s sole discretion, may be required to: (a) provide confirmation that he or she is the owner of the relevant email address; (b) provide a scan or photo of a state-issued identification card; and/or (c) sign and return an affidavit of eligibility and release of liability, or a publicity release. Once the above conditions have been satisfied, and the winner confirmed, Sponsor will make the prize available for pick up by winner at Sponsor’s office (see address in section entitled “Free Code by Written Request” above). Alternatively, winner may request that Sponsor mail the prize to the address provided by winner. Sponsor reserves the right to mail the prize to winner due to health or other considerations that, in Sponsor’s sole discretion, make an in-person pick up inadvisable. Sponsor shall not be responsible for prizes lost, stolen or destroyed during or after mailing.
PUBLICITY, MARKETING & INFORMATION USAGE: Submission of an entry in the Sweepstakes constitutes permission to the Sponsor to: (a) use entrant’s name, identity and titles for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law; and (b) share entrant’s email address and any other personally identifiable information with third-parties as reasonably necessary for the purpose of administration and prize fulfillment, or for use in a publicly available winners list. Entrants understand that any information provided to Sponsor (including, but not limited to, physical address, email address, phone number and other identifying information) may be subject to disclosure as required by law, including, but not limited to, the Colorado Open Records Act, C.R.S. 24-72-200.1 et seq.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Sweepstakes, entrant agrees to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, entrant’s participation in this Sweepstakes and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Sweepstakes; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Sweepstakes; acceptance, possession, misuse or use of any prize or participation in this Sweepstakes; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of the winners list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Sponsor at the following address: Fort Collins Downtown Development Authority, 19 Old Town Square, Suite 230, Fort Collins, CO 80524. Requests for the winner list must be received no later than thirty (30) days after the Sweepstakes Period.
OTHER TERMS: Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Sweepstakes whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the Sweepstakes or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor, in its sole discretion. If Sponsor terminates the Sweepstakes, Sponsor will pick the winner(s) in a random drawing from among all eligible, non- suspect entries received as of the termination date and will post notice of its action on Sponsor’s website. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Sponsor reserves the right to disqualify any individual from further participation in the Sweepstakes if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Sweepstakes; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Sweepstakes; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any attempt to undermine the operation of this Sweepstakes may be a violation of criminal and civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Sweepstakes, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTIOM, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes 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 or provisions (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Colorado. The state courts located in Larimer County, Colorado, and the federal courts located in Denver, Colorado, shall be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the aforementioned state and federal courts in Colorado and waive the right to contest jurisdiction.
SEVERABILITY: If any term or condition of these Official Rules is held to be invalid or unenforceable, such term or condition shall be fully severable and all remaining terms and conditions shall continue in full force and effect.