Sweepstakes Rules and Regulations
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
In these Official Contest Rules (“Rules”), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.
“Contest” means the contest, game, sweepstakes, promotion, marketing activity or other event specified;
“Contest Facilitators” means, collectively, the Administrator, the Organizer and any sponsors arranged by the Organizer
“Contest Site” means https://www.newmexico.org/getaway and social media including but not limited to Facebook.com
“Administrator” means Talweg Creative;
“Organizer” means Talweg Creative;
“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;
“Region” means the United States of America; and
“Site” means https://www.newmexico.org/getaway and any services available thereon.
“Sponsor” means the organization, business or individual that is providing the prize or prize package.
“Contest Requirements” The contest requirements are:
The person entering the contest must be 21 years of age.
1. Eligibility: The Contest is FREE to enter and open to all individuals, who are legal residents of the Region(s) specified and have reached the age of 21 at the time of their Entry (as defined below) (“you” or “Contestant”). It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region specified and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.
2. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. CONTESTS are void where prohibited by law.
3. Contest Period: The contest will run only during the time period specified in the Contest Summary on the contest entry page.
4. How to Enter: To enter the Contest, complete the entry form on the Site with your name, email address, and any required questions as specified by the Administrator, and then follow the directions specified for the Contest in the Contest Summary during the Contest Period. You must then provide an entry (“Entry”) that fulfills the contest requirements (“Contest Requirements”), to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries.
The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
5. Rights Granted by you: By entering this Contest, you agree that:
(a) the Administrator and, the Organizer, the New Mexico Tourism Department and all collaborators will have the right to use all or a part of your name, e-mail and address (city and state/province/territory Example: "Mr. and Mrs. John Smith of Anytown, Any State, Contest Winners"), for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you.
(b) You have read, understood, accept and agree to be bound by the Administrator’s Terms of Service set out here and in the disclaimer at https://www.newmexico.org/sweepstakes-rules.
6. Prizes: The Organizer or the Prize Sponsors will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.
7. Winner(s): The winner(s) (“Winner(s)”) of the Prize(s) will be selected, as specified in these Contest Rules, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within five (5) days, an alternate Winner will be selected to receive the Prize. This format will include weekly winner(s) if applicable and the final grand-prize winner. All decisions of the Organizer in selecting the winner(s) are final and binding on all Entrants in all matters relating to the Contest.
8. To Redeem Prize: Except where prohibited, Winner shall be required to execute and return to the Organizer within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility and Release (“Affidavit of Eligibility and Release”) in order to claim the Prize. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Affidavit within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that the Contest Facilitators may use the Winner's name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner is responsible for all taxes and fees associated with receipt of the Prize.
9. General Conditions: The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.
You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint ventures, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence compromises the fairness or integrity of the Contest.
10. Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person or your technological devices’ computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
11. Governing Law: The Contest is governed by and subject to the laws of New Mexico, and all disputes will be decided in accordance with the laws of New Mexico. Void where prohibited by law.