Official rules and redemption instructions for “5280 Healthy You Giveaway” giveaway tickets placed inside Colorado King Soopers newsstand copies of 5280’s August 2017 issue.
I have a winning scratch card. How do I get my prize?
Please email [email protected] to redeem your prize. You must have your original ticket to redeem your prize. Copies of tickets will not be accepted.
Where do I find the magazine?
Colorado King Soopers locations.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The “5280 Healthy You Giveaway” (the “Promotion”) is only open to participants who as of the date of participation are legal residents of the State of Colorado who are at least eighteen (18) years of age. The Promotion is void outside the State of Colorado, and where prohibited or restricted by law. Employees, officers and directors of 5280 Publishing, Inc. (“Sponsor”), Publication Printers North (“Printer”), Sponsor’s newsstand distributors (“Distributors,” including King Soopers and the respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies of each of the foregoing, 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 participate or win.
2. TIMING; PROMOTION END. The Promotion begins on July 28, 2017 and ends on August 24, 2017 or when the supply of Promotion prize tickets is exhausted, whichever occurs first (the “Promotion Period”).
3. HOW TO OBTAIN A TICKET; HOW TO REDEEM A TICKET; VERIFICATION.
- a. To obtain a ticket at a newsstand: During the Promotion Period (while supplies last and where available) purchase one (1) newsstand copy in Colorado of the August 2017 issue of 5280 Magazine in Colorado King Soopers location to find out if your copy contains a winning ticket (referred to as “ticket” in these Official Rules) which is bound into the magazine.
- b. FREE ALTERNATE METHOD OF PARTICIPATION; NO PURCHASE REQUIRED. To obtain a free ticket by mail: To receive one (1) free ticket without purchase (while supplies last), send a self-addressed #10 envelope with sufficient postage to “5280 Healthy You Giveaway – Ticket Request”, c/o 5280 Publishing, Inc., 1515 Wazee Street., Suite 400, Denver, Colorado 80202. To be valid, a ticket request must be postmarked by August 16, 2017 and received by Sponsor by August 24, 2017. LIMIT: One (1) free ticket request per stamped outer envelope per person. Use of any automated system to submit mail-in requests is prohibited and will result in disqualification. Sponsor is not responsible for late, lost, stolen, damaged, mutilated, altered, invalid, incomplete, unintelligible, illegible, nonconforming, misdirected or postage-due requests, or requests received or presented through impermissible or illegitimate channels, all of which will be disqualified. Proof of mailing is not proof of receipt by Sponsor.
- c. How to participate: Each ticket indicates the prize you may have won (subject to verification and compliance with these Official Rules). The prize description on the actual ticket may be abbreviated or may vary from the message stated in these Official Rules, and in all cases, the description in these Official Rules controls and is the prize description. Save your original ticket for redemption in accordance with these Official Rules.
- d. How to redeem a ticket; Limitations: An original ticket may be redeemed and a prize or prize voucher, as applicable, claimed only by following the instructions set forth in this Section 3(d). Original tickets and vouchers are required for prize redemptions; no copies will be accepted.
- i. The foregoing is the only method for redeeming all prizes.
- ii. Redemption at Sponsor’s office: prizes as described in Section 4 below may only be redeemed at Sponsor’s office as described below (and are not eligible for mail in fulfillment) on or before September 8, 2017 bring your entire original ticket to Sponsor’s office located at 1515 Wazee Street., Suite 400, Denver, Colorado 80202 between 9:00 a.m. Mountain Time and 5:00 p.m. Mountain Time during any weekday Sponsor’s office is open and ask for the Promotion administrative representative. Please contact Todd Black at 303-832-5280 to schedule a redemption time slot. Surrender your original ticket to the representative, and once your ticket has been validated as an official and valid ticket, the representative will provide you with an Affidavit of Eligibility, a Liability Release and a Publicity Release (an “Affidavit/Release”), which you must complete in full, execute, have notarized (a notary may be available at Sponsor’s office but is not guaranteed), and return to Sponsor’s office in the same manner and at the same time as described above. Upon surrender to Sponsor of your original valid ticket and executed/notarized Affidavit/Release, you will be issued an official voucher for your prize, as described further in Section 4(a) below.
- iv. Redemption – Generally. If any potential winner of a prize subject to this clause (ii) fails to redeem the prize as descried above, including, without limitation, by failing to return the documents and items required above within the required document return period, or if the potential winner is found to be ineligible, or if the potential winner does not comply with these Official Rules, then the potential winner may be disqualified, and an alternate potential winner will be selected by Sponsor in his/her place in the second chance drawing described in Section 3(f) below if such prize is determined by Sponsor, in its sole discretion, to be subject to the second chance drawing. In such event, any alternate potential winner will be notified by Sponsor as described in the second chance drawing terms and conditions to be posted by Sponsor as described below and will be required to return the required documents to Sponsor as described above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s sweepstakes schedule, and due to such schedule and timing, Sponsor may be unable to award the applicable prize. Sponsor is not responsible for the failure of a potential winner to receive (or timely receive) the required documents for any reason, or for the inability of such potential winner to return (or timely return) the required documentsfor any reason. Upon prize forfeiture, no compensation will be given.
- e. Restrictions; Verification – All Prizes: All winning tickets are subject to verification at the sole discretion of Sponsor. Tickets that are stolen, counterfeit, fraudulent, tampered with, defective, illegible, reproduced, mutilated, altered or otherwise irregular in any way are not eligible for redemption. Facsimiles, photocopies, scans and mechanically-reproduced tickets are not eligible for redemption. Tickets are not redeemable for cash. Only tickets obtained as described in these Official Rules shall be deemed to have been obtained legitimately. Anti-fraud detection devices may be used for verification purposes. Tickets will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor in its sole discretion, to be unauthorized, ineligible, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Promotion, or if defective, or if they contain printing, typographical or other mechanical errors or are printed or produced in error, or are illegible, or unreadable or blank. Sponsor shall have no liability or obligation to the holder of any void ticket. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace a void ticket with another one upon request, while supplies last. Sponsor reserves the right to inspect and examine any void ticket prior to issuing a replacement. Replacements will be issued at Sponsor’s sole discretion and will be denied in the event of non-compliance with these Official Rules. Sponsor shall have no liability or obligation with respect to any ineligible or void ticket. Sponsor is not responsible for lost, damaged or stolen tickets, and will not replace lost, damaged or stolen tickets. Sponsor reserves theright to not verify prize claims or announce winners until thePromotion has ended.
- f. Second Chance Drawing – Selected Prizes Only:* Visit www.5280.com/promotions/healthy-you on September 8, 2017 for information and instructions on entering a second chance drawing for certain prizes which are not awarded or not claimed pursuant to these Official Rules as instant win prizes as described above in this Section 3. Unawarded or unclaimed prizes subject to the second chance drawing will be determined by Sponsor in its sole discretion. Prizes not subject to the second chance drawing will not be awarded. Odds of winning a prize in the second chance drawing depend upon the number of eligible entries received and the number of unawarded and unclaimed prizes. Additional terms and conditions of the second chance drawing will be as set forth on www.5280.com/promotions/healthy-you on September 8, 2017.
Generally – Prizes; Vouchers; Odds: Subject to the terms and conditions of these Official Rules, up to a maximum of two hundred sixty two (262) prizes will be available in this Promotion, allocated as described below. Total approximate retail
value (“ARV”) of all prizes in the Promotion is $3,000. The specific prizes and odds are set forth below in this Section 4. No more than the number of prizes per prize category stated in these Official Rules will be awarded in this Promotion. A ticket will be exchanged with Sponsor for a prize voucher that will be used for prize redemption with the applicable prize provider, additions to these Official Rules, are subject to the terms, conditions, limitations and restrictions of the ticket. Prizes and related vouchers are subject to the terms, conditions, limitations and restrictions of the applicable voucher and prize supplier, including, without limitation, expiration dates. Neither Sponsor nor prize supplier will replace any lost, damaged or stolen tickets or vouchers. Tickets and vouchers have no refundable cash value. ** Odds described below are based upon sixteen thousand five hundred tickets; actual odds may vary depending upon the actual number of tickets released into the marketplace.
- a. 5280 Subscriptions. Up to (50) prizes, which prize is a one year (12 issue) subscription to 5280 Magazine. ARV of the prize is $19. Odds of winning are 50:16500
- b. 5280 Home Subscriptions. Up to (45) prizes, which prize is a one year (6 issues) subscription to 5280 Home. ARV of the prize is $15. Odds of winning are 50:16500
- c. Pure Barre Free Class. Up to (12) prizes, which prize is a free class to Pure Barre Cherry Creek. ARV of the prize is $25. Odds of winning are 12:16500.
- d. King Soopers Gift Card: Up to (20) prizes, which prize is one $25 King Soopers Gift Card. ARV of the prize is $500. Odds of winning are 20:16500.
- e. Optimum Wellness Gift Card: Up to (10) prizes, which prize is one $25 Optimum Wellness Gift Card. ARV of the prize is $250. Odds of winning are 10:16500.
- f. 5280 Cookbook. Up to (20) prizes, which prize is one copy of 5280: The Cookbook. ARV of the prize is $17.99. Odds of winning are 20:16500.
- p. All Prizes – General Terms, Conditions and Restrictions: Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes must be accepted as awarded, and are awarded “AS IS” with no warranty, 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 OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value if any applicable prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Each winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, a winner will be issued an IRS Form 1099 for the value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Promotion may result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given.
- f. Errors: If by reason of printing, mechanical, technical, human or other error, more prizes are claimed in a prize category than the number for such prize category set forth in these Official Rules, the available prizes will be awarded on a first come first served basis and the remaining eligible participants making purportedly valid claims in such prize category will be issued a prize voucher for a 5280 Home subscription. No more than the number of prizes per prize category set forth in these Official Rules will be awarded in this Promotion. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Promotion, each participant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of tickets, the verification of winning tickets and winners, and the redemption and awarding of prizes), which are final and binding in all respects. Each participant must comply with all terms and conditions of these Official Rules, and winning and prize redemption are contingent upon fulfilling all requirements.
6. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’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 payment, consideration, notice, review or consent.
7. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if 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 Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment or after, in the case of suspension or modification, or to take such other actions as Sponsor deems appropriate in its reasonable discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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 as to any person shall not constitute a waiver of that provision or any other provision of these Official Rules as to other persons.
8. RELEASE. By participating, each participant forever and irrevocably releases and holds harmless Sponsor, Printer, their respective parents, subsidiaries, divisions, affiliates, franchisees and distributors, and their respective agents, representatives, advertising and promotion agencies, affiliates, Promotion partners (including without limitation, Distributors) and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from participation’s participation and/or entry in the Promotion and/or participant’s award, redemption, receipt or use of any prize awarded in the Promotion.
9. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) late, lost, stolen, damaged, mutilated, altered, invalid, void, incomplete, or misdirected tickets or redemption/claim requests or tickets or redemption/claim requests received or presented 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 participation process or the Promotion; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion or the processing of tickets or redemption/claim requests; 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 Promotion, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
10. DISPUTES.Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, 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 Denver, Colorado; participant submits to sole and exclusive personal jurisdiction to said courts in 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 participating in the Promotion but in no event 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 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 participant or Sponsor in connection with the Promotion 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.
11. OFFICIAL RULES. These Official Rules are available at www.5280.com/promotions/healthy-you or by sending a self-addressed postage stamped envelope to. to “5280 Healthy You Giveaway – Rules Request”, c/o 5280 Publishing, Inc., 1515 Wazee Street., Suite 400, Denver, Colorado 80202. Requests must be received by August 16, 2017.
12. WINNER’S LIST. To request a list of major prize winners (which are those prizes whose individual value is over $100), send a self-addressed postage-stamped envelope to “5280 Healthy You Giveaway– Winner’s List Request”, 5280 Publishing, Inc., 1515 Wazee Street., Suite 400, Denver, Colorado 80202. Requests must be received by August 24, 2017.
13. SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is: 5280 Publishing, Inc., 1515 Wazee Street., Suite 400, Denver, Colorado 80202