NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Sweepstakes is sponsored by Delaware North Parks & Resorts, Inc. (together with its affiliates, “Sponsor”). Void where prohibited. The Sweepstakes begins at 12:00 am PST on Monday, August 1, 2022, and ends at 11:59 pm PST on Wednesday, August 31, 2022 (the "Sweepstakes Period"). By participating in the Sweepstakes, the entrant acknowledges and agrees to be bound by these Official Rules, and agrees that all decisions of Sponsor, whose decisions are in its sole discretion, are binding and final. Failure to comply with these Official Rules will result in disqualification from the Sweepstakes.
Eligibility. The Sweepstakes is open only to legal residents of one of the 50 states of the United States (excluding Rhode Island) who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Sponsor and Delaware North Companies, Incorporated and their respective parents, affiliates, subsidiaries and advertising agencies and their immediate family members (spouse, parents, siblings, and children) and persons living in the same household are ineligible to participate and win.
The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations.
How to Enter. No Purchase Necessary to Enter or Win. During the Sweepstakes Period eligible entrants must complete and submit an online registration form with complete name, email address and state of residence. Registration form is found at: https://www.explorebetter.com/win-a-trip-to-yosemite/ .By submitting an entry, each entrant represents that the entry is true and correct, and that he or she is authorized to submit such entry. Sponsor reserves the right to disqualify any entry which Sponsor determines in its discretion to not be in compliance with these Rules.
RANDOM DRAWING: One winner will be selected from among all eligible entries received during the Sweepstakes Period within four (4) weeks of the close of the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. This is not a promotion of skill. All drawings will be facilitated and by Sponsor employees.
Prizes. Odds of winning a prize will vary based on the number of participants in the Sweepstakes. A maximum of one (1) prize will be awarded for the Sweepstakes. Participants are eligible to win one (1) prize only. The prize consists of a four (4) night stay at Tenaya Lodge, Explorer Cabin (two-bedroom) for winner and up to three (3) guests and complimentary $500 Ascent Spa Credit, a complimentary 360 Yosemite Tour for winner and up to three (3) guests, a complimentary Archery experience for winner and up to three (3) guests, and a complimentary $250 F&B Credit at Tenaya Lodge’s restaurants. Winners are also encouraged to take advantage of the mountain bike rental and guided nature hike included in the resort fee. Sponsor reserves the right in its sole discretion to substitute or award an alternative prize of approximately equal value with no further obligation to the winner. The prize cannot be exchanged for cash and is nontransferable.
The approximate value of the prize is $3,815
If required by law, winner must submit a valid executed IRS Form W9, and will receive a 1099 tax form from Sponsor reflecting the fair market value of the prize received.
All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility, including, without limitation, any costs associated with the winner traveling to and from the participating resort. Winner will have one calendar year to book stay at Tenaya Lodge at Yosemite.
Blackout dates will apply and are subject to availability.
Winner Selection and Notification. After the Sweepstakes Period, one winner will randomly be selected from all eligible Entries received during the Sweepstakes Period. The winner will be contacted via the email account that the winner used to submit the Entry (“Initial Notification”). Such notification will include a request for the full name, address, phone number and email address of the winner so that the winner can be contacted to verify the winner’s eligibility to participate in the Sweepstakes. The winner must respond within 48 hours of the Initial Notification.
As a condition to being awarded the prize, each potential winner will be required to execute and return an Affidavit of Eligibility, License and Release, where allowed by law, within five (5) days of receipt by winner, which shall include a certification of eligibility, an acknowledgement and agreement to these Rules, and release of liability. If all required releases are not returned within five (5) business days, then the winner’s right to the prize will be forfeited and the Entrant with the next highest score will be selected as the winner. Sponsor is not responsible for late, lost, misdirected for unsuccessful efforts to notify the winner.
Entry Limits. Late, incomplete, or invalid Entries, which will be disqualified. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated entries will be accepted. Entries that do not otherwise comply with these Rules, as determined in Sponsor’s sole discretion, will also be disqualified from the Sweepstakes.
In the event of a dispute over the identity of an Entrant, the entry will be deemed to be submitted by the Authorized Account Holder (as described below) at the time of entry and the Entrant may be required to provide identification sufficient to show the Entrant is the Authorized Account Holder. The “Authorized Account Holder” means the natural person who is assigned that email address. Potential winners may be required to provide proof of eligibility upon request. Proof of submission of Entry does not constitute proof of delivery of Entry.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF AN ENTRANT MAKES SUCH AN ATTEMPT, SPONSOR MAY DISQUALIFY SUCH ENTRANT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
General Conditions. Sponsor reserves the right to disqualify any Entrant that has, whether in writing or orally, directly or indirectly, criticized or disparaged Sponsor or its affiliates. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process. Notice of such action by Sponsor will be posted on the Sponsor’s website at explorebetter.com.
Releases and Indemnification. By submitting an entry, each Entrant waives, discharges and fully releases the Sponsor, along with Sponsor’s officers, directors, managers, members and employees (collectively, the “Released Parties”) from any and all liability, injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize. The Released Parties are not responsible for (a) any inaccurate entry information, or for any faulty electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes or for any miscommunications or for the inaccurate capture of information, or the failure to capture any information; (c) any technical failures or malfunction of any kind in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility of the Internet or any website of any kind, including any failure of any electronic entry to be received on account of technical problems or traffic congestion; or (e) any injury or damage to any computer, phone, or tablet device which may be related to or resulting from any attempt to participate in the Sweepstakes or access or download any materials relating to the Sweepstakes or the Sponsor’s website. Without limiting the generality of the foregoing, none of the Released Parties assumes any responsibility or liability for (a) damages, losses or injury resulting from acceptance or use of the prize and (b) a lost, stolen, late, misdirected, misprinted, damage, or delayed prize notification and/or prize.
EACH ENTRANT AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WRONGFUL DEATH, PERSONAL INJURY INFRINGEMENT, ARISING OUT OF OR RELATED, IN WHOLE OR IN PART, TO PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, OR FROM ENTRANT’S POSSESSION, ACCEPTANCE, RECEIPT OR USE/MISUSE OF THE PRIZE, IN EACH INSTANCE WHETHER UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND, FURTHER EACH ENTRANT AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY LIABILITY OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING IN CONNECTION WITH THE FOREGOING. Released Parties are not responsible for any inability of any winner to accept or use the prize (or any portion thereof) for any reason.
Grant of Rights, Publicity Release. By submitting an Entry, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any Entrant, each Entrant irrevocably grants to Sponsor and its respective successors, assigns, and licensees, the perpetual, and irrevocable right to use (i) such Entrant's name, image, biographical information and statements about the Sweepstakes in all cases in any format or media (whether now known or hereafter existing, discovered or developed) anywhere in the universe for any purpose, including, without limitation, advertising, publicity or marketing purposes or for commercializing goods and services, as well as in connection with the Sweepstakes, without additional compensation except where prohibited by law and Entrant hereby releases the Released Parties from any liability with respect thereto. Entrant agrees to, if required, sign documents to this effect. The Released Parties are not responsible for any unauthorized use of entries by third-parties. Sponsor has no obligation to make use of the rights granted herein.
Sponsor shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the requirements set forth in these Rules.
Governing Law and Venue. The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the State of New York, without reference to New York’s choice of law rules. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by either the Erie County Supreme Court of New York, or by the United States District Court for the Western District of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, with no award of attorneys' fees; and (3) all rights to claim punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages") and all rights to have any such damages multiplied or increased are waived.
Winner Announcement. For the names of the winners, send a self-addressed, stamped envelope to be received by September 30, 2022 to: 250 Delaware Ave, Buffalo NY 14202.