Prizes
11. The grand prize is the winner's choice of a five-night trip for two to a destination of choice within the continental United States, Alaska, or Hawaii and may not exceed the ARV in #16. The package consists of round-trip coach air transportation from the major commercial airport nearest the winner's U.S. residence to the major commercial airport closest to the destination city for winner and travel guest; double-occupancy accommodations; and ground transportation to/from the airport in the destination city. Any expenses not specified herein are the winner's sole responsibility. Travel and accommodations are subject to change. Restrictions and blackout periods may apply. All travel arrangements are at the discretion of the Foundation and may be subject to additional terms and provisions of travel provider. Awards of prizes are subject to the express requirement that the winner submit to the sponsor all documentation requested by Sponsor to permit it to comply with all applicable federal, state and local tax reporting. There is no cash substitution in lieu of the five-night trip. Limit one prize per household.
12. Winner of the Grand Prize must comply with all applicable requirements and restrictions related to the prize including, without limitation, applicable travel dates, travel documentation and reservation and confirmation procedures. Grand Prize winner and travel companion may be required to provide picture proof of identification, which may include a driver’s license, passport, or similar government issued identification. In the event that a winner lives within 100 miles of his or her chosen destination, or elects not to use the airfare component of the prize, the airfare component will be forfeited, and the Foundation will provide no travel substitution or compensation or substitution for difference in prize value.
13. One second-place prize of $500 cash will be awarded and delivered to the winner via direct deposit or check.
14. Three third-place prizes of $100 cash will be awarded and delivered to each winner via direct deposit or check.
15. Approximate Retail Value (ARV) of the Grand Prize is up to, but not in excess of, Three Thousand Nine Hundred Ninety-Nine Dollars (U.S. $3,999); actual retail value may vary depending upon the point of departure and fare fluctuation. The total ARV of the second and third place prizes is $800.
Any expense above and beyond Three Thousand Nine Hundred Ninety-Nine Dollars ($3,999) for the Grand Prize is the responsibility of the winner. If the total of the Grand Prize is lower than Three Thousand Nine Hundred Ninety-Nine Dollars ($3,999), the difference will not be awarded to the winner. The Foundation will book and pay for airfare up to $3,999, and put any remaining funds towards lodging and tax. All costs associated with the Grand Prize which are not expressly stated herein, including any expense above $3,999, as well as meals, gratuities, souvenirs, entertainment, seat assignment or baggage fees, in-flight services, incidental hotel expenses, additional spending money, luggage costs, insurance, taxes, duties, fees, and all other ancillary costs or any other item not specifically described in this Agreement or in the prize notification messages provided to potential winners, are the sole responsibility of the Grand Prize Winner. Grand Prize Winner may be required to provide payment or a valid credit card to the hotel/lodging to cover expenses. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of prizes, are the sole responsibility of the winners. The Foundation is not responsible for the cancellation, delay or rescheduling of any part of the Grand Prize travel, including but not limited to airfare, vehicle transportation, or accommodation component. The Grand Prize Winner is responsible for ensuring that they and their travelling companion are fit to travel and have received appropriate immunizations and/or health checks prior to accepting the Grand Prize. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Sponsor will not be liable for or replace any cancelled, lost, misdirected, misdelivered, or stolen prize items. Restrictions, conditions, and limitations apply. The inclusion and award of prizes is at the sole discretion of the Foundation and may be amended, changed or canceled at any time, without notice or communication. Prizes will be awarded to entrants solely at the discretion of the Foundation without restriction.
16. Travel must be booked at least sixty (60) days prior to departure date and completed between October 1, 2024, and August 31, 2025. Travel must be booked through ASRT staff or the official travel agency selected by the Foundation and is subject to availability.
17. Winner and guest must travel on the same itinerary, are solely responsible for all necessary travel documents, and must comply with all security and other travel requirements. Grand Prize winner and travel companion are solely responsible for obtaining any identification documents necessary for domestic travel. No refund or compensation will be made in the event of a cancellation or delay of any flight.
18. All meals, insurance, tips, taxes and other expenses not specified herein are not included and are the sole responsibility of the winner.
19. Prize substitutions will not be allowed, except at sole discretion of the Foundation. The prizes are non-transferable and non-assignable and may not be redeemed or exchanged for alternative goods or services. Any difference in prize value as a result of such substitution will not be awarded. No transfer or substitution of prizes is allowed, except in the Foundation’s sole discretion. Prizes cannot be used in conjunction with any other promotion or offer and may not be separated. The prizes may not be transferred or assigned except by Sponsor.
20. Prizes will be provided upon the receipt of all required acceptance forms by ASRT Foundation. Travel companion of the Grand Prize winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must sign all required liability and publicity releases. If potential Grand Prize winner’s travel companion fails to return such documents within the date and/or time indicated within such documents, then the potential Grand Prize winner may forfeit the right to the travel companion. Grand Prize winner may not substitute the travel companion after documents have been executed. If a winner does not accept the prize, does not return the necessary documents and/or does not agree to be bound by these terms upon being contacted by the Foundation, the prize shall be forfeited, and the Foundation may award the prize to an alternate or may not award the prize to any entrant.
21. The prizes being awarded may constitute income under applicable federal, state, and local tax laws. All taxes on or in connection with prizes, and the reporting consequences thereof, are the sole and exclusive responsibility of the winner. Tax liability is based on the value of the prizes. To the extent permitted by law, each winner will be responsible for paying all local, state and federal taxes, including income tax and any such expenses relating to the prize. Each winner is responsible for providing a Social Security number and other necessary information to the Foundation for the purpose of filing a Form W2-G, W-9 and Form 1099G with the Internal Revenue Service, as well as any other necessary tax documents. The fair market value of the prize is includable in the winner’s gross income. All prizes will be net of any taxes Sponsor is required by law to withhold.
22. Award of the prizes will be made upon written acknowledgment of, and full compliance with, the requirements listed herein, including but not limited to, execution of any required affidavit of eligibility, release of liability, and tax-related documents, as well as any other legal, tax or regulatory documents required by the Foundation in its sole discretion. Winners must satisfy all eligibility requirements before the prizes are awarded.
RESERVATION OF RIGHTS/LIMITATION OF LIABILITY/DISCLAIMERS
23. The Foundation reserves the right to verify the eligibility of entrants and to disqualify and/or deem ineligible any entrant for any violation or noncompliance with any requirement or restriction within these Rules or any other agreement, terms associated with participation in the Drawing, or for tampering with the entry process or Drawing.
The Foundation also reserves the right to request further documentation, in its sole and absolute discretion, to verify eligibility and compliance with these Rules.
In the event the Drawing is compromised by unauthorized human intervention, tampering or other causes beyond the control of the Foundation, that corrupts or impairs the administration, security, fairness or proper operation of the Drawing or associated prizes, or otherwise impairs the Foundation’s ability to conduct the Drawing in the manner anticipated by the Foundation, the Foundation reserves reserve the right in its sole discretion to suspend, modify, cancel or terminate an entrant and/or the Drawing at any time for any reason without liability at the sole discretion of the Foundation.
The decision of the Foundation is final and binding on all matters relating to the Drawing and entrant waives the right to contest any decision by the Foundation.
The Foundation reserves the right to change or substitute prizes to be awarded to an entrant at any time prior to the conveyance of such prize at the sole discretion of the Foundation.
The Foundation is not responsible for loss, harm, damage, injury, property damage, violations of rights of publicity or privacy, personal injury and/or death, costs, or expense whatsoever (including without limitation actual attorneys’ fees and related costs) including, but not limited to, claims against the Foundation in connection with the Drawing or delivery, misdelivery, acceptance, possession, use of or inability to enter or fully compete in the Drawing, use of the prize; tax consequences arising from receiving a prize; property damage, personal injury and/or death, which may occur directly or indirectly in connection with, participation in the Drawing, or possession, acceptance and/or use or misuse of prize or participation in any Drawing-related activity, all travel association with the Grand Prize, the negligence, intentional misconduct or illegal actions of entrant, as well as any actions or omissions of entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), or exercise of any other rights granted to the Foundation by such entrant, including such rights granted pursuant to this Agreement, the actual or alleged breach of any representation or warranty made by entrant. If applicable law prohibits such a covenant, release or waiver of claims, entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Foundation for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).
In consideration of the ability to participate in the Drawing, the entrant agrees to indemnify and hold ASRT and the Foundation harmless from any and all liabilities, including, but not limited to, claims against ASRT and the Foundation in connection with entrant’s participation in or attempt to participate in the Drawing; tax consequences arising from participating in the Drawing and/or receiving a prize; illness; injury or death; and/or personal injury with respect to participation in the promotion and possession, travel, or use of the prize(s) awarded. If applicable law prohibits such a covenant, release or waiver of claims, entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse ASRT and the Foundation for any and all expenses or costs associated with such claim (including attorneys' fees, court costs and the amount of any judgment or settlement). The entrant acknowledges that he or she did not receive any representations, warranty or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, merchantability, mechanical condition or fitness for a particular purpose. The entrant knowingly releases and forever discharge ASRT and the Foundation, their officers, directors, agents and employees, acting officially or otherwise, from all liability, claims, demands, damages, expenses, actions or causes of action, resulting from his or her injury or death that may occur as a result of any benefits received as the winner or growing out of the negligence or misconduct of others; and he or she must indemnify and hold ASRT and the Foundation harmless with respect to any and all damages, claims and other expenses incurred by ASRT and the Foundation in connection with any lawsuit related to his or her actions. Any liability of ASRT and/or the Foundation shall be limited to the amount of the prize awarded and, in the case of any dispute, the Foundation's decision shall be final.
The Foundation and its designees assume no liability or responsibility for and are not responsible for damages arising out of computer hardware or software, Internet Service Provider (ISP), server, website, satellite, telephone, cable, or network malfunctions occurring in connection with Entry submissions or communications, including, without limitation, errors or difficulties which may occur in connection with the administration of the Drawing, the processing of entries, the announcement of the prizes, or in any Drawing- related materials. The Foundation and its designees are also not responsible for any incorrect or inaccurate information, whether caused by others, tampering, hacking, or by any equipment or programming associated with or utilized in the Drawing. The Foundation and its designees are not responsible or liable for injury or damage to any person or property, arising out of participation in the Drawing. The Foundation is not responsible for any actions taken by third parties in response to entrant’s participation in the Drawing.
The Foundation is not responsible for, and hereby disclaims, any injury or damage to any entrant related to or resulting from participating in the Drawing except arising from the Foundation’s and/or ASRT’s gross negligence or willful misconduct
The entrant assumes sole responsibility for participation in the Drawing.
IN NO EVENT WILL THE FOUNDATION BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ACCESS TO OR USE OF THE WEBSITE OR THE DOWLOADING FROM, UPLOADING TO, AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS-IS, WHERE-IS, WITH ALL FAULTS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WITH NO GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW OR MAY LIMIT THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Entrant has read, understands and consents to this release and waiver of their legal rights.
24. Foundation assumes no responsibility for incomplete entries, which will be deemed void. All decisions regarding the validity of any entry, for any reason, are in the sole, final discretion of the Foundation. If for any reason, the Drawing cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, epidemics, pandemics, quarantine, acts of God, or any other causes beyond the control of the Foundation, or any other causes which the Foundation, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, the Foundation reserves the right in its sole discretion to cancel, terminate, modify or suspend the Drawing and, if terminated, award prize from among all eligible entries received as of the date of termination or as otherwise may be deemed fair and equitable by the Foundation. The Foundation is not responsible for any technical, computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, corrupted, garbled, jumbled, lost, stolen, misdirected, undelivered or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with, or used in entering or conducting the Drawing, or by any human error which may occur in the transmission or processing of the entries in this Drawing. The Foundation assumes no responsibility for service provider/internet/website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or the failed, incorrect or inaccurate capture of entry information. The Foundation assumes no responsibility for damage caused by computer virus or otherwise to any computer resulting from Entrant's access of the Foundation's website or participation in the Drawing. The Foundation is not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Drawing and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. The Foundation is not liable for unauthorized human intervention in any part of the entry process or the Drawing; printing, typographical, technical, computer, network or human error which may occur in the administration of the Drawing; the uploading, processing or drawing of entries, the announcement of the prizes or in any related materials; late, lost, misdirected, undeliverable, damaged or stolen mail; entrant’s participation in or attempt to participate in the Drawing or ability or inability to upload, download or otherwise access or transmit any information in connection with participating in the Drawing; or receipt or use or misuse of prizes awarded; or any typographical or other error in the printing of these Rules or any materials associated with the administration of the Drawing or the announcement of the prizes. All internet access and usage charges are the responsibility of the Entrant. The Foundation is not responsible for, and hereby disclaims, any injury or damage to any Entrant's or any other person's computer or phone related to or resulting from participating in this Drawing or downloading materials from or use of the website.
ANY ATTEMPT BY AN ENTRANT OR OTHER PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND THE FOUNDATION AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Persons who tamper with or abuse any aspect of this Drawing or who are in violation of this Agreement, as solely determined by the Foundation, will be terminated from the Drawing.
If any provision of the Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.
The Foundation’s failure or delay in exercising rights under this Agreement shall not operate as a waiver of those rights or constitute a waiver of any prior, concurrent, or subsequent breach. The decision of the Foundation shall be final and binding on any and all matters concerning the Drawing, the Drawing, and eligibility. The Foundation reserves the right to cancel, modify or suspend the Drawing in its sole discretion. The Foundation's failure to enforce any term of these Rules shall not constitute a waiver of that term.
25. Winning tickets will be drawn on June 14, 2024, at the ASRT Foundation. Announcement of winning ticket numbers will include winner's name, city, and state as listed in the winner's ASRT membership record. You do not have to be present to win. Limit one prize per ASRT member, immediate family and household. Winners must satisfy all eligibility requirements before they are awarded any prize.
26. Failure to accept the prize awarded will cause the prize to be forfeited to a newly drawn ticket holder.
27. The grand prize winner does not have the option to select the second or third place prize. The second-place prize winner does not have the option to select the third-place prize. The third-place winner will not be offered the grand or second place prize if they are forfeited.
28. All winners will be notified in writing or by phone of the prize won and the requisite procedure to claim the prize. The winners will have ten (10) business days from the draw date to inform the Foundation of their choice to take the prize; otherwise, the Foundation will draw a new ticket. If the Foundation is unable to contact or locate a selected winner within ten (10) business days of the draw date, the prize will be deemed to have been forfeited. All contact attempts shall be made to the email address and phone number provided in the entrant's ASRT membership record. If the winner does not return release and acknowledgement forms required by the Foundation within thirty (30) days of the draw date, the prize will also be deemed to have been forfeited. A forfeited prize may be awarded to an alternate winner.
29. Arrangements for delivery of the 3 prizes will be made between the respective winners and the Foundation after the winners are notified. Winners must satisfy all eligibility requirements before the prize is awarded.
30. This Drawing is governed by the laws of the State of New Mexico, with venue in Bernalillo County, New Mexico, and all claims must be resolved in the federal or state courts located in Bernalillo County, New Mexico. By entering and/or participating in this Drawing, Entrant signifies his or her knowledge of and agreement to be bound by the most current version of these Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant, shall be governed by and construed exclusively in accordance with the laws of the State of New Mexico without giving effect to any principles of conflicts of law in any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Drawing shall be filed only in the state or federal courts located in Bernalillo County in the State of New Mexico, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
31. In accepting the prize, the winner consents to having his or her name, address (city and state), likeness, biographical data and/or photograph published and used in a variety of media, including, but not limited to, exhibits, advertising publications, the World Wide Web, marketing materials, publicity, promotion, editorial or illustration or for any other purpose that the Foundation deems appropriate, without compensation and without further notice or approval. The winner further grants to the Foundation the unconditional, unlimited, irrevocable, perpetual, royalty-free, nonexclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), adapt, edit and/or modify, and create derivative works from, winner's name, biographical information, likeness, and photograph, in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the winner and without further consent, compensation or approval. Each winner permanently waives in favor of the Foundation their Moral Rights in the entry and publication of winning under the U.S. Copyright laws. Winners are not guaranteed to appear in any Foundation communication, and Foundation shall not incur any liability to the extent it chooses to refrain from using such information. Winner agrees to sign a liability/publicity release. Winners are not guaranteed to appear in any communication of the Foundation and the Foundation shall not incur any liability to the extent that the Foundation chooses to refrain from using or publicizing a winner’s name. To the extent permissible under state and federal law, neither the Foundation nor its agents, representatives, affiliates, successors and assigns shall be responsible for any damage or injury to winner, his or her agents, affiliates or representatives incurred by reason of the Foundation’s or its agent’s use of winner’s name, voice, signature, photograph, likeness, image, persona or personality, and winner hereby expressly releases and holds the Foundation, ASRT and its agents, representatives, affiliates, successors and assigns harmless from such liability, including but not limited to, any and all claims based on libel, slander, invasion of the right of privacy, misappropriation of name or likeness, or violation of the right of publicity.
32. Except where prohibited by law, the Foundation reserves the right to share Entrant information in accordance with the Privacy Policy, if any, applicable to the Drawing, and if there is no applicable policy, then in accordance with ASRT's Privacy Policy.
33. Winning ticket numbers will be posted on foundation.asrt.org by June 30, 2024. Winners' names will be published by July 31, 2024. To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: ASRT Foundation, 15000 Central Ave. SE, Albuquerque, NM 87123-3090.