OFFICIAL DOWNTOWN PASSPORT CONTEST RULES

1. NO PURCHASE NECESSARY. Contest participants are not required to make any purchase to participate in the contest, nor will a purchase increase a participant’s chances of winning a prize.  Void where prohibited or otherwise restricted by law. 

2. CONTEST DESCRIPTION. The Downtown Des Moines Passport Contest (“Contest”), which is sponsored by the Downtown Community Alliance (“DCA”), begins Wednesday May 30, 2007 and ends Saturday September 8, 2007. From May 30, 2007 until September 8, 2007 (“Contest Period”), individuals will use the official Passport Form and obtain stamps from twelve different participating downtown entities (see contest website, www.downtowndesmoines.com, for participating entities).  When an individual has obtained twelve unique stamps on a complete and accurate Passport Form, the Passport Form may be submitted to the DCA as specified below.  All accurate and complete Passport Forms containing twelve unique stamps from participating downtown businesses will be eligible for a drawing to be held at the end of the Contest Period. 

 3. ELIGIBLE CONTESTANTS. Every individual who desires to participate may with the following limitations.  Participants must be both 18 years of age or older, and a legal resident of the United States to be eligible for this Contest. Directors, officers, employees, contractors and agents of the DCA, Greater Des Moines Partnership or Downtown Events Group and members of their immediate families (defined as children, parents, siblings and spouses) are not eligible to participate in the Contest. 

4. HOW TO WIN. During the Contest Period, participants need to obtain twelve unique stamps on a complete and accurate Passport Form.  Completed Passport Forms will be submitted to the Downtown Community Alliance at 700 Locust Street, Des Moines, Iowa  50309, attention Amy Baker, either in person by ___4:00 o’clock p.m. local time on September 7, 2007 or via mail with a postmark on or before September, 4, 2007.  All submitted forms will be reviewed to assure they are complete, accurate and contain twelve unique stamps from official participating downtown entities; those that do not will be disqualified by DCA in its sole discretion.  DCA’s decisions concerning the selection of the winner and the resolution of any dispute with respect to the Contest are final.  Only original Passport Forms will be accepted, no copies will be allowed. 

All qualified Passport Forms will be deposited into a bin, and one winner will be drawn on or after the contest completion date, time and location to be publicized and made available on the contest website at least two weeks prior to September 8, 2007.  The individual that is listed on the Passport Form that is drawn on that date and time will be the winner.  Participants do not need to be in attendance at the drawing to win.  The winner will receive a voucher for airfare for two not to exceed $2,500 and hotel accommodations in Italian Des Moines’ sister city area.  Airline seating and hotel rooms must be available on dates requested, and advance purchase requirements may apply. Other lesser-valued prizes may be awarded at that time at the discretion of DCA.  Participants may submit more than one competed Passport Form for the contest; however, each participant is eligible to win only one (1) prize.

5. NOTIFICATION. Winners will be notified by e-mail within seventy-two (72) hours after the contest drawing. The DCA shall use the e-mail address provided by the participant on the official Passport Form.  If the participant does not have an e-mail address, a phone call will be placed to the phone number that is listed on the official Passport Form.  If there is no response to the e-mail within five calendar days or no response to phone calls or phone messages within five calendar days, a new winner will be drawn from the qualifying Passport Forms.  The DCA is not responsible for any delay or failure to receive notification for any reason, including inactive e-mail account(s), phone numbers, lack of message devices, technical difficulties associated therewith, or winner’s failure to adequately monitor any e-mail account or phone messages. Prizes must be claimed within five (5) calendar days of DCA’s sending of the notification e-mail or phone call.  Once claimed the winner has one year in which to redeem the prize.

All winners will be required to execute a statement acknowledging receipt of award, certification of eligibility, waiver of liability/publicity, and any applicable IRS forms, which must be completed and returned to the Downtown Community Alliance, 700 Locust Street, Des Moines, Iowa 50309, attention Amy Baker, within five (5) days of DCA’s sending of the notification e-mail or placing the notification phone call. Should the winner fail to claim the Prize or to execute the Affirmation within five (5) calendar days or be otherwise disqualified, DCA reserves the right to award the Prize to a new, replacement winner. The replacement winner shall be the participant that is drawn next from the qualifying Passport Forms that did not receive a prize in the original drawing. The name of the winner(s) shall be available online at www.downtowndesmoines.com within five (5) days following the contest drawing.

6. TAXES. All taxes associated with the prizes are the sole responsibility of each winner. All prizes awarded are not transferable. No substitutions are permitted, but DCA reserves the right, in its sole discretion, to substitute a prize of equal or greater monetary value of the prize if for any reason any prize cannot be awarded as contemplated in these rules.

7. CONDITIONS OF PARTICIPATION. By participating in this Contest, the contestant (a) agrees to and shall abide by the Official Rules and the decisions of DCA shall be final in all respects and (b) consents to the use of winners’ names and likenesses and any statements, quotes or testimonials provided by the winners for advertising and publicity purposes without further compensation, except where prohibited by law. DCA reserves the right to disqualify any contestant or winner who DCA believes has tampered with DCA’s Passport Form, the entry process, violated these official rules, or acted in an unsportsmanlike or disruptive manner.

8. DISCLAIMER AND LIMITATION OF LIABILITY. DCA MAKES AND GIVES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTEST OR ANY PRIZE OR ANY CONTESTANT’S PARTICIPATION IN THE CONTEST. DCA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM PARTICIPATION IN THE CONTEST, ACCEPTANCE OR USE OF ANY PRIZE, OR, ANY OCCURRENCE, EVENT OR CONDITION THAT AFFECTS THE CONTEST OR CAUSES THE CONTEST TO BE DISRUPTED, SUSPENDED OR CORRUPTED. DCA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO VOID ANY CONTEST ENTRY, SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES IF AT ANY TIME DUE TO TECHNICAL PROBLEMS OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION WHICH ALTERS OR CORRUPTS THE ADMINISTRATION OF THE CONTEST.

9. RELEASE. BY PARTICIPATING IN THIS CONTEST, EACH CONTESTANT RELEASES AND AGREES TO HOLD HARMLESS DCA AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION: (I) ENTERING OR PARTICIPATING IN THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST.

10. GOVERNING LAW. The Contest and the rights and obligations of DCA and contestants will be governed and controlled by the laws of the State of Iowa without reference to the applicable choice of law provisions. All actions, proceedings, and litigation relating hereto will be instituted and prosecuted solely within the State of Iowa, Polk County. The parties consent to the jurisdiction of the state courts of Iowa and federal court located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Contest.  CONTESTANTS IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS CONTEST.