NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: Open to legal residents of the United States including the District of Columbia who are thirteen (13) years of age or older as of date of entry. Residents of the state of Massachusetts are ineligible to enter or win. Internet access is required to enter. Employees and their immediate family members (parents, siblings, children and spouse, and persons residing in the same household whether related or not) of Festival Fun Parks, LLC (“Sponsor”) and its parent and affiliated companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the Kennywood Social Media Contest (the “Contest”), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor, are not eligible to enter or win. Void in Massachusetts. Void where prohibited by law.
2. Contest Period: The Contest begins on October 14, 2016 at 12:00 a.m. EST and ends on October 30, 2016 at 11:59 p.m., EST (the “Contest Period”). Sponsor or Sponsor’s designee shall be the sole determiner of all Contest-related time periods.
3. How to Enter: The Phantom’s mysterious force is taking over Snapchat with Kennywood sponsored Geofilters and he wants you to share your frightening experience. There is only one method of entry, via Instagram, Twitter or Facebook. Instagram, Twitter and Facebook users can post their best selfie with a Kennywood Phantom Fright Nights scare actor or general park photo using one of the Kennywood sponsored Snapchat Geofilters. To be considered, entrants must tag ‘@KennywoodPark’ on Instagram and Facebook (‘@Kenny_Kangaroo’ on Twitter), and use the hashtag, ‘#PhantomPhiltersContest’.
Late and/or incomplete entries are null and void. Sponsor, its employees, and representatives are not responsible for late, lost, damaged, misdirected, or misappropriated entries, or improperly formatted media files/uploads. Incomplete entries are void. Sponsor, its employees, and representatives reserve the right to not review or otherwise screen or approve an entry for any reason it deems valid in its sole discretion.
LIMIT: ONLY ONE ENTRY PER PERSON/SOCIAL MEDIA ACCOUNT. Additional entries for this Contest are deemed null and void and Entrant may be subject to disqualification in Sponsor’s sole discretion. By entering, all Entrants hereby agree to abide by these Official Rules. Photos taken on rides are forbidden. Guests taking on-ride photos are ineligible for the contest and may be removed from the park.
4. Submission Requirements: A Submission may be: (i) a pre-existing digital photograph that features the Entrant at a Park (as defined below) during a previous visit; (ii) a new or pre-existing digital photograph of an Entrant’s homemade poster, billboard, painting, graphics, or other artwork; or (iii) a new or pre-existing digital photograph of the Entrant holding a previous visit’s souvenir, Park item, ticket, or season pass. No video or animated Submissions will be accepted.
It is understood that Sponsor may use the Submissions in its advertising, marketing, and promotional endeavors. However, Sponsor is under no obligation to distribute, post online, or otherwise make post-Contest use of any Submission it receives.
Submissions must conform to the following requirements:
(i) The Submission must convey positive, family-oriented material. At Sponsor’s sole discretion, the Submission must meet Sponsor’s minimum creative and technical standards, e.g., appropriate subject matter and creative execution, production values, and focus/lighting/resolution elements (collectively, the “Minimum Standards”). In addition, any Submission that Sponsor, at its sole discretion, deems to be inappropriate (including, but not limited to: Submissions containing content that infringes any third party’s intellectual rights or right of publicity, as further referenced below, or content that Sponsor deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or that constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules) shall be null and void and ineligible to win;
(ii) Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each Entrant (or their parent/legal guardian if a minor) hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, and distribute, all Submissions in any manner and for any purposes in connection to the Contest and in the Sponsor’s advertising and marketing endeavors as further explained below. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Submissions in any manner and for any purpose, but is under no obligation to do so. Each Entrant hereby represents and warrants that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting, distribution, or use of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, or any other rights of any person or entity. Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, posting, direct messaging via social media or other platforms, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein. Further, each Entrant (or their parent/legal guardian if a minor) hereby indemnifies, discharges, releases, and holds the Contest Entities (as defined below), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission. If an Entrant does not agree to these terms, it should not enter the Contest.
SPONSOR’S DECISIONS ARE FINAL AND BINDING. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.
5. How to Win: Per the requirements above, the Submission must communicate how/why the Entrant is a fan of the Park or the Park’s brand. The Submissions shall be judged by Sponsor’s employees and/or its designated representatives. Judging criteria is as follows:
Creativity, Originality, and Depiction of Contest Theme: 80%
Composition/Technical Skill: 20%
Based on the criteria above, Sponsor or its designated representative shall select three (3) winners to receive four tickets to Kennywood.
6. Prize: Minors must be accompanied by a parent, legal guardian, or Sponsor-approved adult chaperone. Each prize must be utilized prior to the Park’s date of closing for the season per its
operating calendar, or, in any event, no later than September 17, 2017. The prizes awarded in this Contest and their respective approximate retail values (“ARV”) are as follows:
Three (3) winners will receive four (4) FunDay admission tickets to Kennywood valued at roughly $180.
To receive the prize, Entrant must be in compliance with these Official Rules as solely determined by the Sponsor.
The prizes must be utilized at the following park (the “Park”):
4800 Kennywood Boulevard
West Mifflin, PA 15122
Certain days, times, and facilities may be subject to blackout dates and other restrictions. NO TRAVEL, ACCOMMODATIONS, MEALS, OR OTHER EXPENSES ARE INCLUDED WITH THE PRIZE.
Odds of winning a particular prize depend on the number of Submissions received and the Entrant’s skill in creating the Submission.
ALL FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prizes and their actual value will not be awarded. Winner agrees to accept prizes “as is.”
Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, in its sole discretion) offer substitutions, or an alternative to the prize awarded under this Contest. In addition, Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize, including the Park’s operating hours and rules.
7. General Entry Rules: Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, Submissions by or for a proxy individual, and/or uses multiple computers, multiple accounts (other than those permitted herein), multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple Submissions or votes for this Contest, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries or votes as determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Contest. Mutilated, lost, illegible, corrupted, or incomplete entries or Submissions that do not conform to these Official Rules will be deemed ineligible, disqualified and void.
Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Contest (collectively, the “Contest Entities”), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late, incomplete, garbled, or mutilated entries; technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in Winner notification or other Contest-related communications; (iii) or for any printing errors in these Official Rules. If a printing, electronic, or other error results in more prizes are being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason the Contest cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Contest Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest and select a Winner from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES OR VOTES TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, Entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Contest in any way may be disqualified.
ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.
8. Release and Indemnification: By entering, Entrants (or their parent/legal guardian if a minor) agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (i) Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies may use, edit, and alter their names, likenesses, images, photographs, voices, cities/states of residence, school and biographical information and the prize for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet, including, but not limited to, social media applications, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (ii) Entrants, (or their parent/legal guardian if a minor), acknowledge, understand, and agree that each of them assumes liability for, and all risks of, any and all injuries (including without limitation, personal injury or death) or damages caused, or claimed to be caused, by participating in the Contest or any prizes thereof, and that Entrants, their heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Contest Entities, together with Facebook, Twitter, and Instagram, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the Entrants’ participation in the Contest and/or prizes.
Entrants hereby waive application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Entrants (or their parent/legal guardian if a minor) expressly waive the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Contest. Entrants and the winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest.
Each Winner (or if a minor, their parent or legal guardian) may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion; and return the aforementioned materials to Sponsor or Sponsor’s representatives or prize may be forfeited and awarded to an alternate.
9. ARBITRATION CLAUSE
Except to the extent pre-empted by federal or other applicable state law, the Contest shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Entrants understand and agree that all claims, disputes or controversies between Entrant and the Sweepstakes Entities shall be resolved by final and binding arbitration in the County of Orange, State of California. By entering, entrants voluntarily and knowingly waive any right they have to a jury trial. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the Federal Arbitration Act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS international arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the Official Rules and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither entrant nor sponsor shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
10. Digital Millennium Copyright Act:
In the event the winning Submissions are posted on the Internet or distributed via social media, pursuant to the Digital Millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission provided by an Entrant infringes upon any third party copyright, please notify Sponsor by mail at Sponsors address below, attention Copyright Department, or by email at email@example.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a description of the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
11. Winners List and Official Rules: You may request the name of the Winners by sending a self-addressed, stamped envelope by August 24, 2016 to Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA 92660-2030. Attn: Kennywood Instagram Contest. During the Contest Period, Official Rules requests may be sent to the aforementioned address. Rules requests must include a self-addressed, stamped envelope. Residents of VT may omit return postage for rules requests.
12. Social Media Participation: Instagram, Twitter and Facebook in no way sponsors, endorses, administers, or are otherwise associated with, the Contest.
13. Sponsor: Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA 92660-2030.
14. Copyright Notice: The Contest and all accompanying materials are copyright © 2015 Festival Fun Parks, LLC. All rights are reserved.