Dates: June 1 – July 31, 2018
About: Enter the #OnlyinMN Moments Sweepstakes for a chance to win a $250 Visa gift card.
To enter, download the free Explore Minnesota Photo app, snap a photo while visiting your favorite destination or attraction in Minnesota and share it on the social networks listed on the app.
“Only in Minnesota” celebrates the unique experiences, incredible places and rich culture that can only be found here. Share your favorites with #OnlyinMN.
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#OnlyinMN Moments Sweepstakes
June 1 – July 31, 2018
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. GENERAL. The Explore Minnesota Tourism – "#OnlyinMN Moments Sweepstakes" is a sweepstakes where one (1) eligible entrant will win the one (1) prize to be awarded in this Sweepstakes as described in Section 6 below. When entering the Sweepstakes, all eligible entrants will have the opportunity to enter with respect to the one (1) prize to be awarded in this Sweepstakes as described in Section 4 below. The foregoing is a general description only of this Sweepstakes, and is qualified in its entirety by these Official Rules.
2. ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date, are permanent legal residents of the United States, are at least eighteen (18) years old and reside in the contiguous United States, including the District of Columbia and excluding the States of Alaska, Hawaii and New York (the "Sweepstakes Territory). Employees, officers and directors of Explore Minnesota Tourism Sponsor, their respective parents, subsidiaries, members, affiliates, advertising, public relations and promotion agencies, 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 enter. The Sweepstakes, and any website pages and advertisements relating thereto, are intended for viewing only within the Sweepstakes Territory.
3. TIMING. The Sweepstakes entry period begins at 8:00:00 a.m. Central Daylight Time ("CDT") on June 1, 2018 and ends at 11:59:59 p.m. CDT on July 31, 2018 (the "Entry Period"). The Explore Minnesota Photo App (“App”) is the official timekeeping device for the mobile App entry form.
4. HOW TO ENTER.
a. To enter this Sweepstakes, during the Entry Period download the free Explore Minnesota Photo App found in the Apple store or Google Play, take a photograph while visiting your favorite destinations or attractions anywhere in the state of Minnesota with the App, share the photograph on one of the social networks listed on the App and click on the enter button provided. During the Entry Period, entrants using the Explore Minnesota Photo App will have the opportunity to submit one (1) entry per person per day (maximum entries per person is sixty-one (61) using the App). An alternate online entry form can also be found at www.exploreminnesota.com/travel-topics/onlyinmn-moments-sweepstakes where participants can complete the online entry form and submit it in accordance with the on-screen instructions. During the Entry Period, entrants using the online entry form will have the opportunity to submit one (1) entry per person. All entries must be received by the Sponsor during the Entry Period as set forth above.
In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro, robotic, programmed, third party or use of automated devices is prohibited and will result in disqualification.
b. Entries - Generally. LIMIT: One (1) entry per person per day via the Explore Minnesota Photo App entry process and one (1) entry per person using the alternate online entry form during the Entry Period. Entries in excess of the maximum entries per person in the Sweepstakes total entries as described above in Section 4.a. will be voided. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission will not be deemed to be proof of receipt of entry by Sponsor. See Section 13 below ("Data Collection; Promotional Materials") regarding data collected in connection with an entrant's entry and an entrant's ability to opt-out of/opt-in to receiving marketing and promotional materials. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or any of its Sweepstakes suppliers. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant 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 entries, the selection of entrants and the winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWING; ODDS; NOTIFICATION.
a. Prizes - Subject to the terms and conditions of these Official Rules the Sponsor will conduct a total of one (1) drawing in this Sweepstakes. Drawing consists of and is limited to the prize as described in Section 6c below. The approximate retail value ("ARV") of the one (1) prize to be awarded in this Sweepstakes is $250. The sweepstakes prize drawing will be on or about August 15, 2018.
b. Drawing - All eligible entries in this Sweepstakes received by Sponsor between 8:00:00 a.m. CDT of the first day of the Entry Period on June 1, 2018 through 11:59:59 p.m. CDT July 31, 2018 shall constitute the entry pool. On or about August 15, 2018 Sponsor will randomly select by computer software one (1) provisional prize winner and three (3) alternates from the pool of eligible entries for the prize.
The prize will be awarded within thirty (30) days after the drawing date provided the prize is validly claimed. If the provisional winner declines or is ineligible, prize will be offered to an eligible alternate. If the eligible alternate is ineligible, a second eligible alternate will be offered the prize and so on. A maximum of three alternates will be contacted. If the potential prize winner and each of the three alternates fail to respond, declines or is ineligible, the prize will not be awarded.
c. Prize Details – The one (1) prize listed below is included within the entry pool. #OnlyinMN Moments Grand Prize: One (1) $250 Visa gift card
d. All Drawings Odds; Notification. Odds of winning the prize depend on the number of eligible entries received by Sponsor in this Sweepstakes. Each entrant selected as a potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email. Potential winner of the prize will be required to execute and return to Sponsor a Certification of Eligibility and except where prohibited by law, a Liability and Publicity Release, a copy of their driver’s license or other government issued identification in order to claim his/her prize. The required documents must be returned to Sponsor by the date and/or time specified in the Sponsor’s e-mail. If the potential winner, including the three alternate winners, cannot be contacted within two (2) business days of the first attempt to contact him/her or if any prize or prize notification is returned as undeliverable, or if the potential winner including the three alternate winners (i) fails to return the required documents within the specified time, (ii) the potential winner is found to be ineligible, or (iii) if the potential winner does not comply with the Official Rules, then the potential winner including the three alternate winners may be disqualified and forfeit the prize and another alternate winner may be selected by Sponsor in his/her place at random from among all eligible non-winning entries received for this Sweepstakes for the applicable prize.
7. ALL PRIZES.
a. Prize Information. The prize(s) may vary from prize pictures and/or advertising used to promote the Sweepstakes. Any depiction of prize is for illustrative purposes only. The prize(s) are subject to the restrictions and conditions set forth herein. The prize(s) consist of and are limited to the elements stated in the prize description.
b. Prize - Generally. Prize must be accepted as awarded, and prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or Partner or for which Sponsor or Partner may be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PRIZES ARE NOT TRANSFERABLE AND MAY NOT BE SOLD. No substitution, assignment, refund or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or a component thereof) with another prize (or component thereof) of greater or equal value if a prize (or component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use not expressly specified herein as part of a prize, including, without limitation, transportation costs, surcharges and other costs and expenses incurred by the winner in accepting and using the prize. Gift cards are subject to the terms, conditions, limitations and restrictions thereof, and will not be replaced if lost, stolen or destroyed. Unused portions of a prize shall be forfeited and have no redeemable cash value. LIMIT: One (1) prize per person in respect to the one (1) prize as listed in Section 6c.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes 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 further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, 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 Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award any or all of the prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes 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 shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, , its parent, subsidiaries, divisions and affiliates, and its respective agents, advertising and promotion agencies, affiliates, Sweepstakes suppliers and all of their respective employees, officers, directors, managers, members, owners and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Sweepstakes and/or receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received 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 telephone, mail, website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, 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. The Sponsor reserves the right to cancel, suspend or modify the Sweepstakes, if necessary, due to any technical problems, hacking, security breaches or other tampering.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, 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 Ramsey County, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota 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 entering the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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 entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
14. NAME REMOVAL NOTIFICATION SYSTEM. To have your name and address removed from Sponsor's sweepstakes email list, please complete the subscriber preferences at https://public.govdelivery.com/accounts/MNEXPLORE/subscriber/new
15. OFFICIAL RULES. These Official Rules are available online at www.exploreminnesota.com/travel-topics/onlyinmn-moments-sweepstakes or by sending a self-addressed postage-stamped envelope to Explore Minnesota "#OnlyinMN Moments Sweepstakes" - Rules Request", c/o Explore Minnesota Tourism, 121 East Seventh Place, Suite 360, Saint Paul, Minnesota 55101-2144.
16. WINNER'S LIST. To request the winner’s name, send a self-addressed postage-stamped envelope to Explore Minnesota “#OnlyinMN Moments Sweepstakes" - Winners' List Request, c/o Explore Minnesota Tourism, 121 East Seventh Place, Suite 360, Saint Paul, Minnesota 55101-2144. Requests must be received prior to September 1, 2018.
17. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is: Explore Minnesota Tourism, 121 East Seventh Place, Suite 360, Saint Paul, Minnesota 55101-2144.
19. NOT ENDORSED BY FACEBOOK, INSTAGRAM, TWITTER, GOOGLE or APPLE: By participating in this Sweepstakes, you acknowledge (i) that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Google or Apple and (ii) release Facebook, Twitter, Instagram, Google and Apple from any and all liability arising from correlated to this program. The contact information you are providing for this Sweepstakes is being provided to Explore Minnesota, and not to Facebook, Instagram, Twitter, Google or Apple, and will be used to send your entry and to inform you about special offers from Explore Minnesota and our third-party partners.