Vertex Festival Vertex Festival

Buena Vista, Colorado August 5 - 7, 2016

Participate

 Rubber Duck Race!

Vertex will be holding our first annual rubber duck race down Cottonwood Creek at 12 noon on Sunday August 7!
The rubber duck race will benefit Vertex’s Music in Schools program, which supports music education in Buena Vista’s public schools.

How to enter:

1. Stop by the info booth near the venue entrance when you arrive. A donation is suggested to secure a duck to race in your name.
2. Be present at the Creekside Bazaar Bridge with your photo id at 12 noon on Sunday. If you are not present and your duck is first, you cannot win!
3. Even if you don’t win, come back to the Info Booth after the race to claim your duck and take it home.

Prize:
One winner will receive Two (2) Tree Line VIP Tickets to Vertex 2017

Important Rules:

  • One duck per person!
  • You must be at least 18 years of age to enter the race
  • You must be present at the race when your name is called to win
  • No one is allowed to interfere with the duck race
  • Only official Vertex ducks are allowed in the duck race (for this year at least ?)
  • If there is no clear winner, ducks will be re-raced until there is
  • The duck referee’s word is final

Terms & Conditions

THE 2016 RUBBER DUCK RACE RULES AND REGULATIONS
Updated 8.3.2016

1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS RACE. You do not need to make a purchase or a donation of any kind in order to enter or win and doing so will not increase your chances of winning. The 2016 Rubber Duck Race (the “Race”) is sponsored by Madison House Presents, LLC, having its principal place of business at 2060 Broadway Street, Suite 225, Boulder, Colorado 80302. The Race will begin at approximately 12 pm Mountain Time on Sunday August 7, 2016 (such period, the “Race Period”).

2. ELIGIBILITY: This Race is open to individuals 18 and older who are legal residents of the U.S. including the District of Columbia (the “Eligibility Area”) and who have purchased a ticket to Vertex on or before July 30, 2016. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of Madison House Presents, LLC, and its respective divisions, affiliates, subsidiaries, and parent company and each person or entity connected with the production, administration or judging of the Race, are not eligible to participate in the Race or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Federal, state and local laws and regulations apply.

3. HOW TO ENTER: In-person entries only. Please visit the festival info booth near the venue entrance onsite at the Vertex Festival (“Vertex Festival”). Once there, please complete the paperwork required, if any, and you will be assigned a duck with a number written on it which will correspond directly to your legal name on the paperwork form. DO NOT LOSE YOUR PHOTO ID. THE PHOTO ID IS THE ONLY WAY WE CAN IDENTIFY YOU AS THE OWNER OF THE WINNING DUCK. Ducks will be launched into the water adjacent to the point of entry as set by the Sponsor. The Sponsor reserves the right to postpone or reschedule the Race. Once the ducks are launched, they are on their own and no entrant shall attempt or interfere with any duck. The race will close after the first duck has crossed the finish line. If there is not a clear winner of the first race, or the owners of the first ducks to cross the finish line are not present, there will be a re-race until a present winner is determined.

4. SELECTION AND NOTIFICATION OF CHOSEN ENTRANTS.

The duck that crosses the finish line first will be declared the winning duck. The entrant that holds the photo id with the name that is the same as the name corresponding to the number written on the winning duck will be declared the “Selected Entrant”.
YOU MUST BE PRESENT WHEN THE DUCK CROSSES THE FINISH LINE IN ORDER TO WIN.
The Selected Entrant may be required to show photo identification and may also be required to sign an affidavit of eligibility / liability / publicity release (“Release”). Except where prohibited by law, Selected Entrants will sign authorization to allow Sponsor to use their name, picture, and winning story for marketing purposes. Selected Entrants may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address and phone number. An alternate Selected Entrant may be randomly selected from among the remaining eligible entries if any Selected Entrant: (i) refuses to sign the documents; or (ii) cannot accept or receive the Prize for any reason. If properly qualified, Selected Entrants will receive a Prize or, if a Prize cannot be provided for any reason, the Prize will be provided at a later time in Sponsor’s sole discretion. Sponsor will not be responsible for lost Prizes and will not replace lost or destroyed Prizes for any reason.

By entering, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor. In the event of non-compliance for any reason, including the inability to accept the Prize for any reason, an alternate entrant may be selected. Once it is determined that a Selected Entrant meets the criteria set forth in these Official Rules, the Selected Entrant will be named the Winner.
PRIZE: The Winner will receive:
One (1) Prize consisting of Two (2) “Tree Line” VIP Camping Tickets to Vertex Festival 2017 on dates to be determined, which will include camping in the VIP campground. Approximate retail value is $1000.
All prizes shall be collectively referred to herein as “Prizes”.

Sponsor makes no guarantees that the Vertex Festival will operate past 2016 and there is no residual value associated with the Prizes. Prizes are not redeemable for cash, nor is Winner owed any cash if Vertex Festival is cancelled or postponed in subsequent years. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Sponsor’s sole and absolute discretion. Prizes (and/or any potion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of Prizes are permitted except that the Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor’s election, the cash value of the applicable Prize). Additional restrictions may apply. Unless otherwise stated, travel is not included; any and all expenses not expressly listed here are responsibility of winners. Due to the nature of the Prizes, the Festival and thus the Prizes dependant on the occurrence of the Festival, may be cancelled and Sponsor will have no obligation to the winner of any Prize (“Prize Winner”) in any manner whatsoever if the Vertex Festival, or any portion thereof, is cancelled or postponed. These rules may be altered or revised in Sponsor’s sole discretion.

5. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Race, each entrant agrees to be bound by these Official Rules and by all decisions of the Sponsor (which decisions are final and binding on all matters relating to the Race), and to comply with all federal, state and local laws and regulations. The decisions of the Sponsor are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. Entries and other submitted materials become the property of the Sponsor and/or its promotional partner(s) and will not be acknowledged or returned. The Sponsor is not responsible for incomplete, late, lost, or misdirected entries or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if not in compliance with these Official Rules. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Race. Although Sponsor attempts to ensure the integrity of the Race, the Sponsor is not responsible for the actions of entrants or other individuals in connection with the Race, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Race. The Sponsor is not responsible for injury or damage to entrant’s or to any other person’s, automobile(s), other equipment, or person(s), related to or resulting from participation in the Race. If, for any reason, the Race is not capable of running as planned the Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Race, and to select a Selected Entrant from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of submitting entry will not be deemed receipt of such entry by the Sponsor. In the event that there are typographical errors that obscure the original intent of the Race, Sponsor reserves the right to cancel or modify the Race.

All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner(s). Prize Winner(s) may be sent a tax form 1099 in the event the average retail value requires Sponsor to submit such form. In order to claim the Prize, the Selected Entrant may be required to sign an affidavit or a declaration of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by the Sponsor (unless prohibited by law), at the discretion of Sponsor. Additional information will be mailed to Selected Entrant using the address provided in the entry form. The return of forms or prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of the Sponsor. In no event is Sponsor required to contact Selected Entrant more than once.

By entering this Race and unless prohibited by law, the Selected Entrant hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this Race, unless prohibited by law, the potential Prize Winner agrees to grant to the Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sponsor in its sole discretion.

7. CONDUCT: The Official Rules will be posted at the Race Site and at the Vertex Website www.vertexfestival.com (“Festival Site”). By entering and participating in this Race, entrants (a) fully and unconditionally agree to be bound by these official rules and by all decisions of the Sponsor (which decisions shall be final and binding in all respects), including without limitation decisions regarding eligibility, prize winners and the interpretation of terms used in these Official Rules; and (b) represents and warrants that all information provided by entrant in connection with the Race is true, accurate and complete. The Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Race or any future Race or other promotions of the Sponsor, any individual it suspects: to be tampering with the entry process or the operation of the Race; to be acting in violation of the Official Rules or the terms of service, privacy policy or other terms, conditions or guidelines present at the Festival Site; to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; to have failed to agree to these Official Rules; or to be in violation of these Official Rules. Any attempt by an entrant or any other individual to deliberately damage any internet site or undermine the legitimate operation of the Race is a violation of these Official Rules as well as criminal and civil laws. Should the Sponsor believe or become aware that such an attempt has been, is being, or will be made, the Sponsor reserves the right to seek remedies and damages from any responsible entrant(s) and other responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation criminal prosecution.

8. RELEASE AND INDEMNIFICATION: By participating in the Race, Entrants agree to release, discharge and hold harmless AEG Live LLC, Madison House Presents, LLC, AEG Live Rocky Mountains LLC and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, the venue where the Race takes place and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Race and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s (up to and including death) or any other person’s equipment or other property, or to their persons, related to participation in the Race; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Race activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Race and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties and (2) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Race and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. LIMITATION OF LIABILITY: In no event will the Sponsor be responsible or liable for any damages or losses of any kind, including without limitation direct, indirect, incidental, consequential, or punitive damages, arising out of any access to and/or use of the Race the removal from the Festival Site of, or discontinuation of access to, any materials, or the acceptance, possession, use, or misuse of, or any harm resulting from the acceptance, possession, use or misuse of, or participation in, any Prize awarded in connection with the Race. Without limiting the foregoing, the Race, all Prizes, and all materials provided on or through the Festival Site are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. GOVERNING LAW/ DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants’, Sponsor or the Released Parties in connection with the Race will be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

BY ENTERING THE RACE, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2 IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
11. MISCELLANEOUS:

(a) Privacy: Information submitted in connection with the Race will be treated in accordance with these Official Rules and the Sponsor’s Privacy Policy (as may be amended from time to time), currently located at the https://www.vertexfestival.com/privacy-policy/; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

(b) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

(c) Winner: For a list of winners, send a self-addressed stamped envelope after July 1, 2016 to: Winners List, DUCK RACE, Madison House Presents, LLC, 2060 Broadway Street, Suite 225, Boulder, Colorado 80302. Requests for Winners List must be received by October 30, 2016. WA and VT residents may omit return postage.

(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, DUCK RACE, Madison House Presents, LLC, OFFICIAL RULES, Electric Forest, LLC, 2060 Broadway Street, Suite 225, Boulder, Colorado 80302. Requests for Official Rules must be received by October 30, 2016. WA and VT residents may omit return postage.