By entering into the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these terms and conditions (“Terms”) and the decisions of Festival Fun Parks, LLC (“Sponsor”) which shall be final and binding in all matters relating to these Promotion.
1. Eligibility: Open to legal residents of the United States including the District of Columbia who are eighteen (18) years of age or older as of date of entry (“Entrant”). People under the age of eighteen (18) are not eligible to participate in the Memory Mondays promotion (the “Promotion”).
2. Promotion Period: The Promotion begins on July 28, 2023, at 3:00pm EST, and ends on August 28, 2023, at 9:00am EST, (the “Promotion Period”). Sponsor shall be the sole determiner of all Promotion-related time periods.
3. How to Enter: Entrants will be required to provide basic contact information, such as their name and email, and a photo submission of their favorite Water Country memory in order to participate in the Promotion.
a. During the Promotion Period, enter the Promotion for free by visiting the Promotion website at [LINK] and follow the instructions on how to enter the Promotion.
b. Once a submission is uploaded to the Promotion, it is considered a final submission and may not be modified or replaced.
Limit: Late and/or incomplete entries are null and void. Sponsor (including its employees and representatives) are not responsible for late, lost, damaged, misdirected, or misappropriated entries. Incomplete entries are null and void.
4. How to Win: Each Monday during the Promotion Period, one (1) potential winner will be selected by random drawing from among all eligible entries received during the Promotion Period. Sponsor shall attempt to notify by email within twenty-four (24) hours following the drawing.
5. Prize: Each winner of Memory Mondays will have their photo submission featured on the Water Country website and social media channels, including but not limited to, TikTok, Threads, Facebook, and Instagram (ARV $0).
Odds of winning depend on the number of eligible entries received during the Promotion Period.
EXCEPT AS OTHERWISE STATED IN THESE TERMS, NO TRAVEL, TRANSPORTATION, ACCOMMODATIONS, MEALS, OR OTHER EXPENSES ARE INCLUDED WITH THE PRIZE.
Prize Restrictions & Requirements: In the event a potential winner was ineligible to participate or unable to meet the requirements as stated in these Terms, Sponsor reserves the right, at its sole discretion, to select another eligible winner to receive the prize as described above. No replacement, consolation, or substitute prize will be offered to any potential winner in the event they fail to adhere to these prize requirements and subsequently forfeits the prize.
In addition, to receive the prize, entrant must follow these Terms as solely determined by Sponsor. This includes fulfillment of all necessary documentation provided or requested by Sponsor.
Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, at its sole discretion) offer substitutions, a cash redemption or alternative to the prize awarded under this Promotion. Sponsor reserves the right to substitute a prize of equal or greater value in the event the above-stated prize is unavailable. Any prize awarded is subject to the restrictions and limitations noted in these Terms, on the prize and/or included with the prize, including the Park’s operating hours.
6. General Entry Rules: Any individual or entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities or for a proxy individual, and/or uses multiple computers, multiple accounts, multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple entries, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified and ineligible to win. 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 Promotion. Mutilated, lost, illegible, corrupted, or incomplete entries that do not conform to these Terms will be deemed ineligible, disqualified, null, and void.
In the event of a dispute, entry information will be declared made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned an email address by the Internet Service Provider, entity, or organization that is providing the email account/address.
Sponsor and its parent, subsidiaries, affiliates, successors, and assigns, 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 Promotion (collectively, the “Promotion 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 Promotion-related communications; (iii) or for any printing errors in these Terms. If a printing, electronic, or other error results in more prizes being claimed than the number stated in these Terms, 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 Promotion cannot be conducted as described in these Terms (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Promotion Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Promotion and select the 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 TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, entrants and/or winner(s) who do not comply with these Terms or otherwise attempt to interfere with this Promotion in any way may be disqualified.
ALL DECISIONS BY SPONSOR ARE FINAL.
7. Release and Indemnification: By entering this Promotion, you agree to be bound by these Terms and the decisions of Sponsor which shall be final for all purposes hereunder, and agree that: (i) Sponsor, its parent, subsidiaries, affiliates, successors and assigns, and advertising /promotion agencies may use, edit, and alter your names, likenesses, images, photographs, voices, cities/states of residence and biographical information and the applicable prize (if any), for advertising, trade and promotion in any media or format now or hereafter known, including, but not limited to, on the internet, social media applications, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (ii) if your photo submission includes any individuals other than yourself, you confirm and attest that you have obtained their consent to be entered into the Promotion according to these Terms and Conditions; and (iii) you assume 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 Promotion or any prizes thereof, and that you, your heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Promotion Entities, 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 Promotion and/or prizes.
8. GOVERNING LAW: EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE PROMOTION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW HAMPSHIRE, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF. BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THE PREVAILING PARTY IN ANY LEGAL ACTION SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND THEY HEREBY WAIVE, ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES (I.E. COSTS ASSOCIATED WITH ENTERING THIS PROMOTION), AND THEY FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
9. Winner’s List and Terms: You may request the name of the winner by sending a self-addressed, stamped envelope within, and no later than, six weeks after the drawing date to Festival Fun Parks, LLC, 285 East Waterfront Drive, Suite 150, Homestead, PA 15120. Attn: Memory Mondays. During the Promotion Period, Terms requests may be sent to the aforementioned address. Rules requests must include a self-addressed, stamped envelope.
11. Your Consent to Email and Electronic Communications: By supplying Sponsor with your email address and other contact information for online entry into this Promotion, you are initiating communication by electronic means and hereby consent to receive Sponsor’s emails and other electronic communications, notices, messages, and information about the Promotion (if any). You also have the option to opt-in and agree to receive advertisement emails and electronic communications about related services and products from the Sponsor. You will have the opportunity to opt-out or unsubscribe from receiving emails and electronic communication from the Sponsor by following hyperlinked opt-out/unsubscribe instructions included in (usually at the bottom of) each communication.
12. Sponsor: This Promotion’ sponsor is Festival Fun Parks, LLC, 285 East Waterfront Drive, Suite 150, Homestead, PA 15120. DISCLAIMER: This promotion is not sponsored, endorsed, administered by or associated with any social media advertisement platform including Wyng, Salesforce, Facebook, Instagram, Twitter, SnapChat, TikTok or any of their affiliates. By participating in the Promotion, you hereby release and waive Wyng, Salesforce, Facebook, Instagram, Twitter, SnapChat and TikTok, and all of their affiliates, from any and all liability arising from your participation in this Promotion.
13. Copyright & Trademark Notices: The Promotion and all accompanying materials are copyright © 2023 Festival Fun Parks, LLC.