STATE OF COLORADO / COLORADO TOURISM OFFICE

COLORADO “SNOW AT FIRST SIGHT” SOCIAL MEDIA COMPETITION

OFFICIAL RULES

Please read these Official Rules before entering the Colorado “Snow at First Sight” competition ("Competition"). By submitting an entry, you represent that you meet all the eligibility requirements set forth in item 1 below and you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of the State of Colorado / Colorado Tourism Office as sponsor (the “Sponsor”). The Competition is intended to identify three eligible entrants who have never been in significant snow conditions as determined by Sponsor in its sole discretion (“Finalists”) to spend three months in Colorado visiting its hotels, restaurants, entertainment venues and tourist attractions as arranged by Sponsor and informing the public about those experiences through blogs, microblogs, video and photo sharing sites and other social networking sites and personal appearances, with airfare, lodging, food and other costs of the three-month stay covered by Sponsor subject to the limitations described in these Official Rules.

1. ELIGIBILITY. To enter, you must: (a) be 21 years of age or older; (b) be a legal U.S. resident or an individual capable of obtaining legal authorization to be in the U.S. from December 1, 2009 through March 31, 2010; (c) have never been in significant snow conditions as determined by Sponsor in its sole discretion; (d) be able to travel to Colorado in December 2009 for an audition; (e) be able to reside in Colorado for a three-month period from January to March of 2010; (f) agree to consent to a thorough background check by Sponsor if selected as a Semi-Finalist or Finalist; (g) not be an employee, officer, director or agent of the Sponsor or any of its affiliates, subsidiaries or advertising or promotion agencies (collectively “Sponsor and Its Affiliates”); and (h) not be an immediate family member or living in the same household of any individual identified in (g) above.
   
   
2. HOW TO ENTER. No fee to enter. To enter, you must meet the eligibility requirements in 1 above and upload as described herein a video of up to 60 seconds in length explaining why you deserve to be one of the three Finalists. Competition submission period (the “Submission Period”) begins October 12, 2009 at midnight (U.S. Eastern Daylight Time) and ends December 4, 2009 at 11:59 p.m. (U.S. Eastern Daylight Time. To enter, visit www.SnowatFirstSight.com during the Submission Period and follow the instructions on how to register and upload (a) your video content compliant with the content requirements described in 3 below (the “Content Requirements”) and (b) your personal information required for entry as described on the website. The foregoing two entry requirements are collectively referred to as the "Entry" or "Entries". Limit one Entry per email address and per person. In the event any entrant submits more than one Entry, the first Entry received by Sponsor from an email address will be deemed that entrant's Entry and any subsequent Entries submitted by such entrant or email address will be void. Sponsor will NOT accept any submissions sent by any means other than that described above. Sponsor’s servers and clock will be deemed the official clock for all Entries and entrant's proof of a submission does not constitute proof of receipt by Sponsor. Released Parties (as defined in 9 below) are not responsible for any lost, misdirected, late, undelivered, incomplete, illegible, garbled, inaccurate, delayed or unintelligible Entries, whether caused by entrant, by Sponsor or by any of the equipment or programming associated with or used in the Competition or by any technical or human error that may occur in the processing or posting of Entries.
   
   
3. CONTENT REQUIREMENTS. Each Entry must not exceed 60 seconds in length and must (a) be in the English language; (b) be the original creation of entrant, not copied in whole or in part from any other work and constitute the sole and exclusive property of the entrant; (c) not violate or infringe any copyright, trademark, privacy or publicity right or other proprietary or intellectual property right of any person or entity; (d) not be defamatory, libelous, obscene, lewd, offensive, pornographic, sexually explicit, libelous, disparaging or other otherwise illegal, objectionable or inappropriate as determined by Sponsor in its sole discretion; and (e) not include the creator's name in the content. By submitting an Entry, each entrant represents and warrants that his/her Entry complies with all of the Entry requirements specified in 2 and 3 above. Sponsor reserves the right in its sole discretion to disqualify at any time any Entry that is not in compliance with these Official Rules as determined by Sponsor in its sole discretion. All Entries timely received from eligible entrants during the Submission Period that are determined by Sponsor in its sole discretion to meet the foregoing requirements will be deemed "Valid Entries".
   
   
4. COMPETITION JUDGING PROCESS
   1. First Round (Public and Panel Voting). Ten (10) entrants will be selected through the following described voting processes to advance to the Final Round of the Competition (“Semi-Finalists”). This voting phase of the Competition will continue through 11:59 p.m. (U.S. Central Daylight Time) on December 11, 2009 (the “Voting Period”).

(i) Public Voting (Five Semi-Finalists). Each Entry will be posted on www.SnowatFirstSight.com and visitors to such website will be allowed to vote for their favorite using the voting mechanism on the site. The top five Entries will be selected as Semi-Finalists to advance to the Final Round based on the total number of valid votes received by the site, subject to verification of eligibility and compliance with the requirements of these Official Rules including, without limitation, those in 5.A below. Registration on the site is necessary to vote. Limit one vote per person per 24 hour period. Sponsor reserves the right, in its sole discretion, to exclude votes from any person who Sponsor determines voted more than one time during the Voting Period and votes generated by script, macro or other automated means or with the intent to subvert the voting process. Entrants are prohibited from directly or indirectly obtaining votes by any fraudulent or inappropriate means including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. In the event of a tie for fifth Semi-Finalist, Sponsor will select one of the tied entrants to advance to the Final Round as determined by Sponsor in its sole discretion.

(ii) Panel Voting (Five Finalists). A panel of judges designated by Sponsor will review the entries and select, in their sole discretion, five (5) additional Semi-Finalists to advance to the Final Round, subject to verification of eligibility and compliance with the requirements of these Official Rules including, without limitation, those in 5.A below. Sponsor reserves the right to advance fewer than five (5) Entries if, in its sole discretion, it does not receive a sufficient number of Valid Entries.

2. Final Round (Audition). The ten (10) Semi-Finalists will be announced on www.SnowatFirstSight.com on or about November 29, 2009. After the Semi-Finalists are announced, the Semi-Finalists will be flown to Colorado to audition before a panel of judges selected by Sponsor. The audition will be held in the first week of January 2010 and will consist of an interview with the panel and participation in other events and activities about which each Semi-Finalist will be asked to demonstrate his or her communication and other skills by submitting sample blog, videos and other postings about the events and activities. All such content must conform to the Content Requirements set forth in 3.(a) through (d). Sponsor reserves the right in its sole discretion to disqualify any Semi-Finalist who fails to comply with the Content Requirements or otherwise fails to comply with these Official Rules. The panel, in its sole discretion, will select three (3) Semi-Finalists as the winning Finalists.
   
   

5. SEMI-FINALIST AND FINALIST REQUIREMENTS.

1. Conditions to Selection and Continuation as Semi-Finalist and Finalist. On or about December 14, 2009, Sponsor will begin notifying potential Semi-Finalists by phone or e-mail. As a condition to selection as a Semi-Finalist, each potential Semi-Finalist must: (a) sign and return to Sponsor, as directed and by the date specified by Sponsor, (i) an Acceptance Agreement in the form provided by Sponsor, (ii) a IRS Form W-9 and/or other tax forms designated by Sponsor, and (iii) any documentation Sponsor deems necessary to prove or document the potential Semi-Finalist’s satisfaction of the eligibility requirements set forth in 1 above; and (b) pass a background check to the satisfaction of Sponsor in its sole discretion. Failure to timely satisfy such requirements will deem the potential Semi-Finalist ineligible to proceed to the next stage of the Competition and he/she will be disqualified. In the event of any such disqualification, Sponsor may, at its election, invite the entrant with the next highest panel votes as described in 4.A.(ii) above to replace the disqualified potential Semi-Finalist, subject to verification of eligibility and compliance with these Official Rules including the requirements of this 5.A, and Sponsor may continue to so select alternates until it has ten (10) Semi-Finalists to proceed to the Final Round.
2. Obligations of Finalists. All Finalists must reside in Colorado during the first three months of 2010 staying at accommodations arranged by Sponsor. During that period, each Finalist must attend all activities arranged by Sponsor and timely submit content for blog, video and other postings in accordance with deadlines set by Sponsor, unless excused by Sponsor on an activity by activity basis. All such content must conform to the Content Requirements set forth in 3.(a) through (d) and such other rules furnished by Sponsor. Sponsor reserves the right in its sole discretion to disqualify from continued participation as a Finalist any Finalist who fails to perform these obligations or otherwise fails to comply with these Official Rules. In the event any Finalist is so disqualified, Sponsor may, at its election, invite another Semi-Finalist chosen by the panel in the same manner described in 4.A.(ii) above to replace the disqualified Finalist, subject to verification of eligibility and compliance with these Official Rules including the requirements of 5.A.
   
   

6. COVERED COSTS AND OPPORTUNITY CONSTITUTE PRIZE.
   1. Semi-Finalists. Sponsor shall arrange and pay for the cost of each Semi-Finalist’s round trip coach airfare from a commercial airport near the Semi-Finalist’s residence in the U.S. or other country to the Colorado city in which the audition is scheduled to be held and a return flight therefrom. Sponsor also shall arrange and pay for the cost of single occupancy accommodations at locations identified by Sponsor (excluding room service, telephone and other incidental charges). Sponsor also shall pay for ground transportation from airport to hotel and from hotel to airport, meals allowance of up to $35 per day and payment of the cost of all activities arranged by Sponsor as part of audition. The above covered costs constitute the sole prize for advancing to the Final Round and the sole compensation for all content furnished to Sponsor as part of the audition. The estimated retail value of the prize is $[insert amount]. The prize is not may not be transferred, substituted or redeemed for cash except at the sole discretion of Sponsor. Any difference between the estimated retail value and the actual costs of the prize will not be awarded.
   2. Finalists. Sponsor shall arrange and pay for the cost of each Finalist’s round trip coach airfare from a commercial airport near the Finalist’s residence in the U.S. or other country to the Colorado city designated by Sponsor as the start of the three-month stay and a return flight from the city designated by Sponsor as the end point of the three-month stay back to the airport near the Finalist’s residence. During the three-month stay, Sponsor also shall arrange and pay for the cost of single occupancy accommodations for each Finalist at locations identified by Sponsor (excluding room service, telephone and other incidental charges). Further, Sponsor also shall pay for ground transportation from airport to hotel and from hotel to airport, a monthly allowance of $800 for each month of the three-month stay and payment of the cost of all activities arranged by Sponsor as part of three-month stay. The above covered costs constitute the sole prize for selection as a Finalist and the sole compensation for all content furnished to Sponsor as part of the three-month stay. The estimated retail value of the prize is TBD. The prize is may not be transferred, substituted or redeemed for cash except at the sole discretion of Sponsor. Any difference between the estimated retail value and the actual costs of the prize will not be awarded.
   3. Odds and Other Terms. The odds of winning the Competition cannot be determined. All prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied. All prize details are at Sponsor’s sole discretion.
   4. Taxes and Non-Covered Costs. Each Semi-Finalist and Finalist is responsible for paying all costs and expenses related to the Competition that are not specifically mentioned above as covered costs. Further, each Semi-Finalist and Finalist is solely responsible for any and all federal, state and local taxes, fees and assessments of any governmental authority (including, without limitation, income taxes) on the awarded prize and for obtaining his or her own tax or legal advisor in connection with such obligation. Each Semi-Finalist and Finalist acknowledges that the fair market value of the prize, as actually awarded, may exceed the estimated retail value of the prize set forth in 6.A and B above.
   5. Return of Equipment. If and to the extent Sponsor furnishes any computers, smart phones or other equipment to a Semi-Finalist or Finalist for use in connection with the audition or three-month stay, prior to the return flight, the Semi-Finalist or Finalist must return the same to Sponsor in the same condition as received less normal wear and tear.
      
      

7. GRANT OF RIGHTS.

1. All content submitted or created as part of an Entry, a Semi-Finalist’s audition and a Finalist’s three-month stay, including, without limitation, all writings, blogs, microblogs, video and photos (“collectively, the “Content”) shall, upon each submission, become the sole property of Sponsor including, without limitation, the worldwide copyrights, intellectual property rights or other proprietary rights therein. By submitting an Entry, each entrant hereby irrevocably and perpetually grants and assigns to Sponsor the above-described ownership and marketing rights to the Content, together with the right to use entrant’s name, likeness, image and biographical information in any manner and medium in connection with the Competition. Without limiting the generality of the foregoing and without the approval of or payment to entrant, each entrant also hereby irrevocably and perpetually grants and assigns to Sponsor the right to: (a) edit the formatting and display of the Content, (b) create derivative works from the Content or any portion thereof, and (c) reproduce, publish, display and distribute any of the Content or derivative works in any medium now or hereafter existing, including without limitation, posting on Sponsor’s web site or any other web site or platform for purposes of the Competition and for any general promotional purpose of Sponsor. In addition, to the extent moral rights (for example, the right to attribution and the right to integrity) apply in the applicable jurisdiction, each entrant waives (and to the extent that these may not be waived, agrees irrevocably not to assert) his/her moral rights in the Content. Further, each entrant hereby releases the Released Parties (as defined in 9 below) and waives any claims, demands, damages, losses, liabilities and causes of action arising from the conducting of any of the above authorized uses of the entrant’s Content by Sponsor, including, without limitation, any claims for defamation, libel, invasion of privacy, publicity, personality, or exploitation of the entrant’s name or likeness.
2. By each submission of Content, entrant represents that he/she has received the consent of any person whose real and actual name or likeness is used or featured in any Content submitted, and failure to obtain such consent will disqualify the entry or entrant. Sponsor will have the right at any time to request proof of such consent and to disqualify any entrant who fails to do so. Each Entrant agrees to be solely responsible for, and agrees that Sponsor and Released Parties (as defined in 9 below) will not be responsible for, any action brought by a person whose consent entrant did not obtain. Additionally, each entrant agrees to indemnify, defend and hold harmless the Released Parties from any claim, loss, liability or costs (including reasonable attorneys fees) arising from any claims made by any party relative to Sponsor’s right to use of the Content. Further, each entrant hereby agrees to forever release and discharge Sponsor and waive any and all claims, demands, damages, losses, liabilities and causes of action arising from Sponsor’s use of the Content. Released Parties are not responsible for the unauthorized use of any content by any third party.
3. In addition to the obligations in 7.A. and B. above, each entrant shall cooperate with Sponsor, shall execute and deliver, or cause to be executed and delivered, all instruments, including additional instruments of conveyance, assignment and transfer, and shall take all other actions as Sponsor may reasonably request from time to time in order to effectuate the purposes of 7.A. and B. This Section 7 shall binding upon each entrant’s estate, heirs, executors, personal representatives, successors and assigns.
   
   

8. COLLECTION OF PERSONAL INFORMATION/USE. Sponsor is collecting personal information primarily to process the Entries and to contact entrant if necessary, but also to potentially contact entrant for marketing purposes. If entrant does not wish to be contacted for marketing purposes, he/she will be provided with a method to opt-out from future communications. If an entrant would like to access or modify the information about him/her related to this Competition in Sponsor’s database, please send an e-mail to [insert]. By entering the Competition, entrant agrees that Sponsor may share entrant's information with third parties that have a need to know the information, such as the judges and reviewers or third parties that Sponsor retains to assist in administering the Competition; however, those third parties may use the information only for purposes related to this Competition. If you do not agree with these terms or with Sponsor’s privacy policy located at http://www.coloradosnowatfirstsight.com/DocPage.aspx?id=privacy, do not submit an Entry.
   
   

9. RELEASE. BY PARTICIPATING IN THE COMPETITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH ENTRANT (ON BEHALF OF HIMSELF/HERSELF AND HEIRS) RELEASES AND HOLDS HARMLESS SPONSOR AND ITS AFFILIATES AND ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY “RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, EXPENSES (INCLUDING ATTORNEYS FEES AND COURT COSTS), INJURIES AND CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THIS COMPETITION OR FROM ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
   
   
10. ADDITIONAL TERMS. By participating in the Competition, each entrant agrees that all decisions of the Sponsor with respect to the Competition are final and not subject to appeal. To the maximum extent permitted by law, Sponsor reserves the right, in its sole discretion, to change these rules or cancel the Competition at any time, or to modify, terminate or suspend the Competition should viruses, worms, bugs, unauthorized human intervention or other causes impair the administration, security, fairness or proper play of the Competition. Released Parties are not responsible for any human or other error that may occur in the processing of the Entries or posting of Content, nor are they responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, Entries or Content, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, which may occur in connection with the Competition, including, without limitation, any errors or problems which may occur in connection with the administration of the Competition, the processing or judging of Entries, the tabulation of votes, the announcement of the prizes or the posting of any Content. Released Parties also are not responsible for injury or damage to any entrant's or any other computer resulting from downloading any materials in connection with the Competition. Sponsor may, in its sole discretion, disqualify and void the Entry of any individual found to be: tampering with the entry or voting process, the outcome of the Competition or the operation of the Competition or Web site; acting in violation of these Official Rules; or acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND IF SUCH AN ATTEMPT IS MADE, SPONSOR AND ITS RESPECTIVE AFFILIATES MAY SEEK DAMAGES OR OTHER RELIEF (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
    
    
11. GOVERNING LAW/DISPUTES; LIMITATION ON DAMAGES. Competition is void where prohibited by law. Competition is governed by the laws of the United States and the State of Colorado. As a condition of participating in this Competition, each entrant agrees, to the extent permitted by law, that any and all disputes that cannot be resolved between the parties, and any causes of action arising out of or in connection with this Competition, will be resolved individually, without resort to any form of class action, exclusively before a court located in Colorado having jurisdiction. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES.
    
    
12. WINNERS LIST. For a list of the Semi-Finalists and Finalists, send an e-mail request to snowatfirstsight@colorado.com. Requests must be received by December 31, 2009.
    
    
13. SPONSOR. State of Colorado/Colorado Tourism Office located at 1625 Broadway, Suite 2700, Denver, CO 80202.