Skiprophet Official Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

ELIGIBILITY: The following sets forth the official contest rules (“Official Rules”) governing the administration of all contests (each a “Contest”) made available by SkiProphet.com, LLC, (“SkiProphet”) at the following websites: www.rateskiareas.com and www.rateskigear.com (collectively the “Websites”), unless otherwise specified by a particular Contest. Participation in the Contest constitutes full and unconditional agreement to, and acceptance of, these Official Rules. Subject to the restrictions contained herein, all Contests are open to legal residents of the United States of America: (a) who are 18 years of age or older, (b) who are members, (each a SkiProphet Member”), of the web site owned, maintained and managed by SkiProphet and made available at the domain name www.SkiProphet.com (the “SkiProphet Website”), and (c) whose accounts with or membership at the SkiProphet Website have not been suspended or terminated pursuant to the terms and conditions of the terms of use published at the Websites, (“Terms of Use”), as in effect at any time during an applicable Contest through the last day of such Contest. One entry per SkiProphet Member. Employees, officers, and directors of SkiProphet, its parent companies, affiliates, subsidiaries, sponsors, advertising, promotion, and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to participate in the Contest. This Contest shall only be construed and evaluated according to U.S. law.

COMPETITION STRUCTURE: Subject to the SkiProphet Terms of Use, SkiProphet welcomes submissions (hereafter a “Rating Submission”) from any person registered as a member of the Websites (“SkiProphet Members”). SkiProphet Members receive points for completing certain activities at the Websites, as follows:

25 points for creating a member profile
50 points per Rating Submission
Additional 25 points for rich content added to any Rating Submission
10 points for any photo or video added to any Rating Submission
10 points per comment made on any other Rating Submission provided by another SkiProphet Member

Once a SkiProphet Member has created a member profile, each SkiProphet Member must affirmatively “opt-in” to the Contest and agree to be bound by these Official Rules, and the terms and conditions of the Terms of Use. Mere creation of a member profile or submission of a Rating Submission to the SkiProphet Website does not, by itself, constitute entry into a Contest. Once a SkiProphet Member has affirmatively opted in to the Contest, such SkiProphet member shall be entered automatically in any subsequent Contest in the Contest. Please note, subject to the Terms of Use, SkiProphet Members may automatically publish Rating Submissions at the SkiProphet Website in keeping with SkiProphet’s status as a passive storage provider as such term is defined under Section 512(c) of the Digital Millennium Copyright Act of 1999.

Each Contest shall be a total of one (1) calendar month in duration (the “Contest Period”) during the Contest Period, all SkiProphet Members may award points to each submitted Rating Submissions using the Voting Mechanism (as defined below). At the end of the Contest Period, the Rating Submission with the greatest number of points shall be the Grand Prize Winner, as defined below, and the Runner-Up Prizes available each Contest, which number shall be clearly displayed on the Websites, shall be awarded to the Rating Submission with the next highest number of points and so on and so forth until all Runner-Up Prizes have been awarded.

HOW TO ENTER: Beginning the first day of each calendar month, at 12:00:01 a.m. Greenwich Mean Time through 11:59:59 p.m. Greenwich Mean Time on the last day of such calendar month (the “Promotional Period”), you can enter a Contest, if one is being held in such calendar month, by logging on to your account at either of the Websites and following the on-screen entry instructions to submit a Rating Submission. SkiProphet reserves the right not to run a Contest in any given month for any reason in its sole discretion.

HOW TO WIN: There shall be one (1) Grand Prize Winner for each Contest who shall win one (1) grand prize (each a “Grand Prize”) related to the applicable Category (snowboard or skiing), to be provided by a SkiProphet prize sponsor (“Prize Donor”), the value and nature of which shall be conspicuously described on the Websites. The Prize Donor shall at all times, remain responsible for provision and delivery of the Grand Prize and no responsibility is assumed therefore, in whole or in part, by SkiProphet. SkiProphet reserves the right at any time to substitute any prize(s) with a prize or prize(s) of approximately equal retail value.

A certain number of other prizes (each a “Runner-Up Prize” and together with the Grand Prize, each a “Prize”) are also available for each Contest, the number and value of which shall be clearly displayed on the Websites in connection with each Contest. Runner Up Prizes shall be awarded to the SkiProphet Member with the next highest points award to such SkiProphet Members Rating Submissions and so on and so forth until all Runner-Up Prizes have been awarded (each a “Runner-Up” and together with the Grand Prize Winner, each a “Winner”). The number of Runner-up Prizes available will vary with each Contest and SkiProphet Members should check the websites each month for details.

All potential Winners will be notified by phone or email. SkiProphet shall have no liability for any Winner notification that is lost, intercepted or not received by the potential Winner for any reason. All Prizes must be claimed within 10 business days of a prize notification or forfeited. SkiProphet reserves the right to offer any unclaimed Prizes in subseuqent Contests. Disqualification and the selection of any alternate Winner may result from any of the following: (1) failure of a potential Winner to respond within five (5) business days from the date of first attempted notification; (2) the return of any notification as undeliverable; (3) failure of a potential Winner to execute and return an Affidavit of Eligibility & Liability/Publicity Release within five (5) business days from the date of notification; (4) Winner’s refusal to accept all elements of the Prize, (5) any other non-compliance with these Official Rules; or (6) any other non-compliance with the SkiProphet Terms of Use, including in connection with or as a result of any provision by a SkiProphet Member of any rating Submission that constitutes or includes any Prohibited Content or Prohibited Submission as such terms are defined in the SkiProphet Terms of Use. Any Prize returned as non-deliverable will be awarded to an alternate Winner.

All Prizes subject to availability and restrictions. SkiProphet reserves the right at any time to substitute any Prize(s) with a Prize or Prize(s) of approximately equal retail value. Approximate retail value of each Runner Up Prize is $125.00.

FACEBOOK TERMS: The Websites may permit SkiProphet Members to enter the Contest using the Facebook platform. In such event, all SkiProphet Members using the Facebook platform must provide a valid email address to receive a Prize. Failure to provide such email address shall result in disqualification.

SPONSOR: SkiProphet.com, LLC, a Wyoming limited liability company.

TAX CONSEQUENCES: There may be federal, state or local tax consequences that as the result of any Prize. The determination of liability for any federal, state or local taxes that may arise out of each Winner’s participation in a Contest (including receipt of any Prizes), and the payment of any such tax liability, shall be the sole responsibility of each Winner. However, should federal, state or local law impose any tax reporting or filing obligations on SkiProphet arising out of each Winner’s participation in the Contest p each Winner hereby agrees to timely provide SkiProphet with any information that is reasonably needed for SkiProphet to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on SkiProphet with respect to the receipt of any Prizes by a such Winner, such Winner agrees to such withholding and shall timely provide any information to SkiProphet as may be required for SkiProphet to accomplish such withholding.

PROMOTION RELEASE: By submitting a Rating Submission and participating in a Contest, each SkiProphet Member, hereby irrevocably transfers, grants and assigns to SkiProphet, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, voice and photographs, including any video footage, in any and all media for any advertising and promotional purposes without additional compensation, as well as on the SkiProphet Website in connection with a Contest and other promotions, and release SkiProphet and any entity acting on behalf of SkiProphet from any liability with respect thereto.

RELEASE OF LIABILITY: SkiProphet Member, by submitting an entry in a Contest, hereby agrees that SkiProphet, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind and claims based on orarizing in connection with acceptance or use of any Prizes awarded.

GENERAL CONDITIONS: Entry constitutes permission to use Winner’s name, address, quotes, utterances and likeness for promotional or business purposes without further compensation except where prohibited by law. The Winner will be required to sign an affidavit of eligibility and liability/publicity release, which must be returned within five (5) days of first attempted notification. The Winner may be required to produce picture ID for identification. SkiProphet Member, by entering the Contest, hereby agrees that SkiProphet, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind and claims based on publicity rights, defamation, infringement, or invasion of privacy resulting from participation in the Contest or from the acceptance or use of the Prizes awarded. The Winner is responsible for all local, county, state and federal taxes applicable to the Prizes. The Winner must meet all criteria in these rules or face forfeiture of Prizes, based upon the decision of SkiProphet. By participating in the Contest, entrants accept and agree to these Official Rules. SkiProphet may cancel a Contest at any time if a computer virus or system malfunction materially impairs its ability to conduct the Contest. In the event of such cancellation, the Prize will be awarded from among all eligible entries received prior to termination.

GOVERNING LAW: These rules shall be interpreted in accordance with the laws of the state of Wyoming, other than such laws, rules, and case that would result in the application of the laws of a state other than Wyoming.

DIGITAL MILLENIUM COPYRIGHT ACT: For the avoidance of doubt, SkiProphet hereby affirms that participation in a Contest is not required to upload a Rating Submission to the SkiProphet Website. Subject to the Terms of Use, SkiProphet Members may direct SkiProphet to upload, store, copy, display and distribute any Rating Submission, or any derviative work thereof, without entering such Rating Submission in a Contest. The review that SkiProphet conducts of all Rating Submissions entered into a Contest prior to publication for judging does not affect SkiProphet’s status as a passive storage provider under Section 512(c) of the Digital Millenium Copyright Act and any SkiProphet Member submitting a Rating Submission for a Contest hereby agrees and acknowledges that such SkiProphet Member remains solely and exclusively liable for any claims of infringement caused by, related to, or arising out of the copying, display, or distribution of such Rating Submission.

©2009 SkiProphet, Inc. All rights reserved. SkiProphet Members are hereby authorized to copy these Official Rules on the condition that it will be for the SkiProphet Member’s personal use and not for any commercial purpose whatsoever.

The folling affidavit is included in the accepted rules when a Site Member opts-in to the contest:

AFFIDAVIT OF ELIGIBILITY/LIABILITY/PUBLICITY RELEASE

I declare and state:

I am submitting this Affidavit of Eligibility/Liability/Publicity Release (“Release”) to SkiProphet.com, LLC, (“SkiProphet”), its affiliates, subsidiaries and agents with the understanding that it will be relied upon to determine whether I am eligible and entitled to receive a “Prize,” as that term is defined in the SkiProphet Official Contest Rules, (the “Rules”), for which my “Entry” has been selected as a winner in a “Contest,” as both terms are defined in the Rules. If any statement made by me in this Release, is false, I shall forfeit the Prize.

I represent and warrant that at all times during the Contest, I was (a) at least 18 years of age or I have attained the age of majority in my state of residence, as applicable, and I am a legal resident in one of the 50 United States or the District of Columbia, and (b) not an employee, officer, director of SkiProphet or its sponsors, affiliates, subsidiaries, advertising, distributors, web design, promotion, judging or fulfillment agencies involved in the administration, development, fulfillment and execution of any Contest (collectively, “Contest Parties”), or an immediate family member of each of the Contest Parties (spouse, parent, child, sibling, grandparent, and spouse and “step” of each) or living in their same households.

Notwithstanding the foregoing, if I am not the winner of the Contest but a travel companion selected by the winner to participate in a Prize, I represent and warrant that I will comply with and qualify for all of the terms, conditions, rules, and regulations of the Contest. In connection therewith, I represent that I am (a) a legal resident of one of the 50 United States or the District of Columbia, and (b) either at least 18 years of age or have attained the age of majority in the State in which I legally reside, or if a minor in such state of residence, will have this release signed by my legal parent or guardian on my behalf; and (c) that I will otherwise comply with the terms and conditions of this release.

I represent and warrant that I have read, understood, and complied with the Rules and have perpetrated, and will perpetrate, no fraud or deception in completing this Release, or in use of any Prize. I understand that I am responsible for all federal, state and local taxes in connection with the Prize.

I understand that with respect to Prize, neither SkiProphet nor any Contest Parties will be responsible for any costs, taxes, expenses, fees and/or surcharges (including without limitation, any federal, state, or local taxes that I may incur in connection with the Contest or receipt of any Prize that I may be awarded. Further, I understand that I may be required to present one or more pieces of personal identification and/or travel documentation (such as a valid passport/visas and/or a photo ID) as well as a valid credit card at the time of check-in. I further understand that the Prize is being supplied directly to me by an applicable third party donor and I will look solely to such third party donor and not to SkiProphet for any claim arising out of or in connection with my receipt, non-receipt, use or enjoyment of any Prize.

Unless otherwise prohibited by applicable law, I hereby irrevocably transfer, grant and assign to SkiProphet, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use my first name and likeness in any and all media for any commercial, advertising and promotional purposes, including without limitation at the “Website,” as defined in the Rules, without additional compensation, as well as on the SkiProphet Website, as defined in the Rules, in connection with this Contest and other Sponsor promotions, without further payment or consideration.

I release and hold harmless SkiProphet, its affiliates and subsidiaries, officers, directors, employees and agents and all Contest Parties (collectively, the “Released Parties”) from and against any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, arising out of my participation in the Contest or the acceptance, possession, use or misuse of any Prize, including, without limitation, personal injury, illness or death or damage to personal or real property. For the avoidance of doubt, I acknowledge and agree that the Prizes may include equipment which is by its nature hazardous even when used as directed or for its stated and intended purpose, the foregoing expressly releases any SkiProphet Sponsor, as defined in the Rules, from and against any claim any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, arising out of my acceptance, possession, use or misuse, in any manner whatsoever whether such use is in accordance with manufacturer’s directions or not, of any “Sponsored Prize,” as defined in the Rules, including, without limitation, personal injury, illness or death or damage to personal or real property.

I understand that with regard to a Prize THE RELEASED PARTIES EXPRESSLY DISCLAIM, AND HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I UNDERSTAND THAT THE RELEASED PARTIES, OR THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AGENCIES AND LICENSEES, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE, LOSS, COST, INJURY TO ME OR ANY TRAVEL COMPANION, IF ANY, OR DEATH, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, AS A RESULT OF MY PARTICIPATION IN THE CONTEST OR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE (INCLUDING ANY TRAVEL OR PRIZE ACTIVITY RELATED THERETO) AWARDED TO ME HEREUNDER OR ANY TRAVEL THAT MAY OCCUR AS A RESULT THEREOF, INCLUDING WITHOUT LIMITATION, ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. FURTHER, NEITHER SKIPROPHET NOR ANY SPONSORS SHALL BE RESPONSIBLE FOR ANY DELAY OR DISRUPTION OF TRAVEL, WHETHER RESULTING FROM POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, EVENTS OF “FORCE MAJEURE” (I.E., THOSE BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES) OR OTHERWISE.

I understand that any and all disputes, claims, and causes of action arising out of or in connection with the Contest, this Release, or any Prize awarded, shall be governed by Wyoming law and shall be resolved individually without resort to any form of class action and I waive my right to a jury trial. Further, I waive any right to recover attorney’s fees, costs, punitive, incidental or consequential damages in any such dispute, claim or cause of action.

I shall indemnify, and hold harmless the Released Parties with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that the same is based upon a claim (a) of breach of any of my representations, warranties, or obligations in this Release; or, (b) that arises out of the negligence or willful misconduct of myself in winning, acceptance of or of any use or misuse whatsoever of the Prize received in connection with the Contest.

All issues and questions concerning the construction, validity, interpretation and enforceability of this Release or the Rules, or the rights and obligations of me or SkiProphet, shall be governed by, and construed in accordance with the laws of the State of Wyoming without giving effect to any choice or conflict of law rules that would cause the application of the laws of any jurisdiction other than Wyoming. Any mediation, arbitration, or legal proceedings arising out of or relating to this Release or the Rules, or the use of the Prize, shall be conducted in Wyoming. The invalidity or unenforceability of any provision of this Release or the Rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, the Release and Rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein. The Release cannot be amended except in writing signed by both parties.