The “2023 5Point Scavenger Hunt” Instant Win Game
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS GAME IS INTENDED FOR ENTRY IN THE STATE OF COLORADO ONLY AND WILL BE GOVERNED BY U.S. LAW.
SPONSOR / ADMINISTRATORS: The “2023 5Point Scavenger Hunt” Instant Win Game (“Game”) is sponsored by 5Point Film Festival (“Sponsor”), located at PO Box 355, Carbondale, CO 81623 and is administered by SmartMedia Technologies, Inc. (“SMT”, the “Administrator”) located at 201 Main Street, Suite 102, Carbondale, CO 81623 and by National Sweepstakes Company, LLC located at 1143 East union Street, Newark, NY 14513 (also, an “Administrator”).
GAME TIMING/ENTRY PERIODS: The Game begins on April 18, 2023 at 10:00 AM Mountain Time (“MT”) and ends on April 23, 2023 at 3:00 PM MT (“Game Period”). The Administrator’s computer is the official time keeping device for this Game. There will be two (2) entry periods held within the Game Period (each, an “Entry Period”). The Entry Periods are:
Entry Period 1 10:00am MT on 4/18/23 – 11:59pm MT on 4/22/23
Entry Period 2 12:00am MT on 4/23/23 – 3:00pm MT on 4/23/23
See the “PRIZES” section of these Official Rules to see how prizes will be distributed for each Entry Period.
ELIGIBILITY: This Game is open only to legal residents of the United States who reside within thirty (30) miles of Carbondale, Colorado and are at least eighteen (18) years old at the time of entry (each, an “Entrant”). Employees of Sponsor, Administrator, Sweepstakes Partner/Charity and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Game Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Subject to all federal, state, local laws and regulations. Void outside the state of Colorado and wherever else prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Game.
HOW TO PARTICIPATE: Prior to the start of the Game, Sponsor will place digital 5Point coins (“Digital Coins”) at various pre-determined locations within Carbondale on the digital map found at https://bit.ly/5PointFilmScavengerHunt2023 (the “Website”). Entrants must locate and virtually retrieve one (1) Digital Coin in a virtual scavenger hunt to reveal if he or she is a winner or not a winner.
Once you have completed the steps above, you can play the Game by accessing your Wallet and when prompted, select the “Treasure Hunt” icon (your location settings on your mobile device must be enabled). Then, tap “Start Collecting” and enable and share your current location. Then, look on the map for Digital Coins. When you see a Digital Coin, tap (or click) on the Digital Coin to virtually pick it up from its location on the map. In order to virtually pick up the Digital Coin, Entrant must be physically located within approximately fifty (50) yards of the Digital Coin’s location on the map. If an Entrant is not physically located within the fifty (50) yard radius, he/she will receive a message indicating he/she must physically travel closer to the Digital Coin’s location on the map in order to virtually pick it up. Once the Entrant is within the fifty (50) yard radius he/she may virtually “pick-up” the Digital Coin (it will be placed into the Wallet). To reveal if you are a winner or not a winner, tap the Digital Coin you picked up from the map to open it. Once opened, click the “Continue” button. If you have won a prize, you will receive a “You Won!” message, subject to verification (see “WINNING/PRIZE CLAIMS” and “PRIZES” section below for complete prize claim details). If you receive a “You won a digital collectible” message, you have not won a prize.
If you have received a winning message, you are no longer eligible to play the Game. If you have not received a winning message, you can play up to a maximum of one (1) time. When you have located one (1) digital Coin and click the “Continue” button, you have played the Game. If more than the stated number of Game plays are received from the same person, telephone number and/or e-mail address the Game plays may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, social media account, or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Game, then that Entrant, in Sponsor’s sole discretion, will be disqualified. Use of any automated system to participate in the Game is prohibited and may result in disqualification. The Game Entities are not responsible for any Game plays that are lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, points not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Sponsor will not verify receipt of registration or Game play for Entrants. In the event of a dispute regarding the identity of the person who participated in this Game, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address submitted at the time for which the Game play was received. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
*IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT PLAYS THIS GAME ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS GAME. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS GAME.
WINNING / PRIZE CLAIMS: There will be ninety-eight (98) random, computer-generated winning times seeded throughout Entry Period 1. There will be sixteen (16) random, computer-generated winning times seeded throughout Entry Period 2. A total of one hundred and fourteen (114) prizes will be awarded during the Game Period. Each random, computer-generated winning time corresponds to a prize (further defined below). If you are the first Entrant to play the Game by clicking the “Continue” button at or immediately after one of the randomly generated winning times, you will be a winner of the prize, as will be revealed on the screen via a “You Won!” message, subject to verification. All winners will be notified immediately on the screen upon game play. To claim the prize, click the “Continue” button, fill out our contact information, and visit the Sponsor’s merch table at the festival to receive your prize.
All potential winning notifications are subject to verification by the Sponsor. Sponsor will not accept photographs or other evidence of winning a prize in lieu of its validation process. Any prize-winning play that occurs after the Game has failed for any reason is deemed a defective play and is void and will not be honored.
The Sponsor will determine, at random, the times at which prizes will be awarded throughout the Entry Periods prior to the start of the Game. The number of available prizes will decrease as prizes are claimed throughout each Entry Period; consequently, the odds of winning a prize in an Entry Period are based upon the number and timing of eligible Game plays during the respective Entry Period. The Sponsor’s decisions with respect to the selection of the prize winners shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Unclaimed prizes will not be awarded.
Notification / Verification: All winners will be notified immediately on the screen upon Game play. In the Wallet, the potential prize winner will see a digital item that says “You Won”. Potential prize winner must tap the “You Won” item, click “Next” and complete the prize redemption form in its entirety including his/her first name, last name, address, city, state, zip code, telephone number and date of birth. Upon completion and verification of the prize redemption form, prize winners must visit the Sponsor’s merch table at the festival to receive their prize (see “PRIZES” section below).
The Sponsor’s decisions with respect to the selection of the Prize Winners shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
PRIZES: There are one hundred and fourteen (114) prizes available to be won in this Game. The total approximate retail value (“ARV”) of all prizes available to be won in this Game is $1915 broken down as follows:
ENTRY PERIOD 1
5Point Posters: There will be fifteen (15) 5Point Posters awarded in Entry Period 1. The ARV of each 5Point poster is $15. The total ARV of all 5Point Posters to be awarded in Entry Period 1 is $225.
5Point Stickers: There will be fifty (50) 5Point Stickers awarded in Entry Period 1. The ARV of each 5Point Sticker is $2. The total ARV of all 5Point Stickers to be awarded in Entry Period 1 is $100.
5Point Shirts: There will be ten (10) 5Point Shirts awarded in Entry Period 1. The ARV of each 5Point Shirt is $35. The total ARV of all 5Point Shirts to be awarded in Entry Period 1 is $350.
Osmia Vetiver Grey Soap: There will be eight (8) Osmia Vetiver Grey Soaps awarded in Entry Period 1. The ARV of each Osmia Vetiver Grey Soap is $20. The total ARV of all Osmia Vetiver Grey Soaps to be awarded in Entry Period 1 is $160
Stio Trucker Hats: There will be fifteen (15) Stio Trucker Hats awarded in Entry Period 1. The ARV of each Stio Trucker Hat is $29. The total ARV of all Stio Trucker Hats to be awarded in Entry Period 1 is $435.
ENTRY PERIOD 2
5Point Posters: There will be five (5) 5Point Posters awarded in Entry Period 2. The ARV of each 5Point poster is $15. The total ARV of all 5Point Posters to be awarded in Entry Period 2 is $75.
5Point Shirts: There will be five (5) 5Point Shirts awarded in Entry Period 2. The ARV of each 5Point Shirt is $35. The total ARV of all 5Point Shirts to be awarded in Entry Period 2 is $175.
Stio Trucker Hats: There will be five (5) Stio Trucker Hats awarded in Entry Period 2. The ARV of each Stio Trucker Hat is $29. The total ARV of all Stio Trucker Hats to be awarded in Entry Period 2 is $145.
YETI Roadie Cooler: There will be one (1) YETI Roadi Cooler awarded in Entry Period 2. The ARV of the YETI Roadie Cooler is $250.
Limit of one (1) prize per person. Unclaimed prizes will not be awarded.
If, for any reason, more prize winning notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. No transfer or substitution of prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Prize winner is solely responsible for all federal, state and local taxes if applicable. Except as otherwise set forth herein, unclaimed prizes will not be awarded. All other costs and expenses not expressly set forth herein shall be solely winner’s responsibility. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Game Entities shall not be held responsible for any delays in awarding the prize for any reason.
LIMITATION OF LIABILITY: By participating in this Game, Entrants agree that the Game Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail (if applicable); (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Game; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Game and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Game Entities are not responsible for any unanswered or undeliverable winner notifications.
By playing the Game, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Game; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Game, including, but not limited to, any Game-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Game; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Game is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Game and/or proceed with the Game, including the selection of prize winners in a manner it deems fair and reasonable, including the selection of prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the prize winners.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GAME, INCLUDING THE PRIZES, ARE 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 OR NON-INFRINGEMENT.
DISPUTES: THIS GAME IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONROE COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONROE COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR GAME ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE GAME PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PRIVACY: The collection of personal information provided in connection with this Game will be used in accordance with the Sponsor/Sweepstakes Partner’s privacy policies located online at the following website pages: https://5pointfilm.org/privacy-policy/ and https://www.smartmediatech.io/privacy
PUBLICITY RIGHTS: By participating in this Game, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture, video and other information and content provided in connection with the Game for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.
GENERAL: Any attempted form of participation in this Game other than as described herein is void. Sponsor and Co-Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Game; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Game. Any attempted form of participation in this Game other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Game will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Game details contained in these Official Rules and Game details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Game as set forth in these Official Rules shall prevail.
WINNERS LIST: For the list of the prize winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by May 30, 2023 to “5Point Scavenger Hunt Instant Win Game 2023”, PO Box 458, Newark, NY, 14513.
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