The Cedar Fair – Grand Prize Giveaway Official Rules
NO PURCHASE OR COMPLETED BLOOD PRODUCT DONATION NECESSARY. The Cedar Fair – Grand Prize Giveaway (“Giveaway”) is subject to the following rules and regulations.
1. ELIGIBILITY AND DEADLINES: Giveaway begins 12:01 a.m. Central Time (“CT”) on August 1, 2020, and ends at 11:59 p.m. CT on August 31, 2020, (“Giveaway Period”). Sponsor’s computer is the official time keeping device for the Giveaway. Giveaway is open only to individuals who are: (a) legal residents of the United States, (b) physically located in one (1) of the fifty (50) United States or the District of Columbia, and (c) at least the age of majority (which is 18 in most states but is 19 in Alabama and Nebraska and 21 in Mississippi) or older at the time of entry. Void in Puerto Rico, outside the United States and where prohibited by law. By participating in this Giveaway, entrants agree to be bound by these Official Rules.
The American National Red Cross and Cedar Fair Entertainment Company and its affiliates, subsidiaries, agents and franchisees, advertising, and promotional agencies, distributors and dealers, are the “Sponsors” of the Giveaway. Employees of the Sponsors and each of such employee’s immediate family members (spouses, parents, siblings and children, regardless of where they live) and persons with whom they are domiciled are not eligible to participate. All entrants must have a valid address, email address and phone number. Sponsors may require satisfactory proof of entrant’s identity and eligibility.
By submitting an Entry, you agree that Sponsor may contact you via social media, including on Facebook, Instagram or Twitter by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media pages. Automated or bulk Entries or Entries submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple and/or different identities, email addresses, or any other methods will void that Entrant’s Entries, and that Entrant may be disqualified at Sponsor’s discretion. Multiple Entrants are not permitted to share the same email address. In the event of a dispute as to any Entry, the authorized account holder of the email address used will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential prize winners may be required to show proof to Sponsor of being the authorized account holder or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
3. DRAWING OF PRIZE: Decisions of the random drawing are final. Odds of winning depend upon the number of eligible Entries received. Winner will be selected as follows: All eligible Entries, including through presentation to donate and through email to firstname.lastname@example.org, during the Giveaway Period, will be combined to one list. Two (2) potential prize winners will be selected from the list in a random drawing to be held on or about September 7, 2020. The potential Prize winners will be notified using the email address provided with Entry on or around September 7, 2020, and may be awarded the Prize subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by the potential Prize winners to respond within forty-eight (48) hours of notification after two (2) attempts will result in disqualification and an alternate potential Prize winner(s) then will be selected in the same manner, time permitting, from all remaining eligible Entries.
4. PRIZE: Two (2) Prizes will be awarded. Prize includes:
· Two days’ worth of family four-pack admission tickets - (for use in the 2020 or 2021 season) for one of the two participating Cedar Fair theme parks of winners’ choosing:
o Cedar Point in Sandusky, OH
o Knott’s Berry Farm in Buena Park, CA
· Two-night hotel accommodation for four (4)
· Travel accommodations for airline, bus or other transportation for four (4)
· Special experience package items for each ticket holder per day
o Souvenir cup (includes free refills)
o All day dining pass
o Fast lane pass
Collectively, the “Prize”. Approximate retail value of the Prize is $2,500. Actual value may vary based on airfare and hotel rate fluctuations and distance between departure and destination. The Prize elements are subject to change if any advertised prize becomes unavailable. The Prize shall not be sold on any internet site and any ticket that has been re-sold via the internet will be nullified.
Prize winners will not receive the difference between the actual retail value and approximate retail value. If any winner cannot accept prize as stated, such winner’s prize will be forfeited and an alternate winner will be selected. All expenses, travel, and other costs not expressly stated in the prize description are the sole responsibility of the prize winners, including transportation to and from the airports (if applicable). Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. Sponsors are not responsible if any prize winner does not use any event tickets on day of the applicable event. Additional terms and conditions imposed by venue may apply to event ticket; see back of ticket for additional terms. Sponsors will, in their discretion, determine which mode of transportation to award and, if travel is by air, which airport is closest to each winner’s home. Winners and their guests must travel together on the same itinerary. Travel subject to availability and blackout dates. Winners and their guests are responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsors’ designated agent and on a transportation carrier of Sponsors’ choice. If any winner elects to travel or participate in the prize travel without a guest, no additional compensation will be awarded. If any winner elects to travel or participate in prize travel with more than three (3) guests, such additional guest(s) shall be responsible for any and all costs associated with their travel. All winners and their guests are responsible for obtaining travel insurance (and any other desired forms of insurance) at their option and hereby acknowledge that Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of transportation except at the discretion of the Sponsors. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsors’ transportation carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the transportation companies shall constitute the sole contracts with respect to each winner’s and his/her guests’ transportation and such contracts shall be solely between each winner, his/her guests and such transportation companies. No stopovers are permitted on tickets issued as part of the Prize. Winners and guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card. Transportation and hotel accommodations must be taken together and cannot be taken separately. Admissions tickets and hotel accommodations must be used consecutively and cannot be used for separate visits. Once transportation is booked, no changes may be made and a winner’s inability to travel will result in forfeiture of the prize.
5. VERIFICATION OF WINNER: POTENTIAL PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS AND OTHER MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Potential Prize winner must sign and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”), which will be included with the email notification, within 48 hours of notification of winning, or an alternate potential Prize winner(s) may be selected. Noncompliance with these requirements will result in disqualification and an alternate Prize winner(s) may be selected. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential Prize winner(s), if any.
6. PRIZE CONDITIONS: Restrictions, conditions and limitations may apply. The Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitution at its sole discretion. No Prize transfer, assignment, or substitution by the Prize winner is permitted. No more than the stated number of Prizes will be awarded. In the event that technical, programming or any other errors or reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims.
Each Prize winner is responsible for reporting and paying all taxes associated with his/her receipt of the Prize. Sponsor will withhold and/or report taxes as required by the applicable laws of Sponsor’s and each Prize winner’s jurisdictions. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Prize winner. The Prize is provided “as is” and the Prize winner assumes all risks associated with its use. Sponsor and Cedar Fair Entertainment Company hereby disclaim any and all warranties, whether express or implied, associated with the Prize.
7. PUBLICITY: Except where prohibited or restricted by law, winner’s acceptance of the Prize constitutes the winner’s agreement and consent for any of their designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway, Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor and/or in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
8. GENERAL RULES: All federal, state and local laws and regulations apply. By participating, Entrants agree to release and hold harmless Sponsor, Cedar Fair Entertainment Company, and any and all of the entities (the “Promotional Participants”) involved in the provision of the Prize (together, Sponsor, Cedar Fair Entertainment Company and the Promotional Participants are the “Released Parties”) from any and all liability with respect to or in any way arising from or in connection with this Giveaway and/or acceptance or use of the Prize, including liability for personal injury, bodily injury, death, damages and/or loss as well as any claims related to intellectual property infringement, violation of privacy/publicity rights, defamation or similar claims. By participating in this Giveaway, Entrants agree to be bound by the Official Rules and the results of the random drawing. The failure of either Sponsor, Cedar Fair Entertainment Company and/or the Promotional Participants to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. Sponsor is not responsible for any typographical or other error in the offering or the announcement of any Prize or in the administration of the Giveaway. In the event of any conflict or inconsistency between these Official Rules and any promotional materials for the Giveaway, these Official Rules shall prevail and control
9. LIMITATIONS TO LIABILITY: The Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Giveaway; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Giveaway; (iv) electronic, clerical or human error which may occur in the administration of the Giveaway or the transmission, receipt or processing of Entries or notification of winners; or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Giveaway or Prize winner’s receipt, use or enjoyment of the Prize. Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to cancel the Giveaway for any reason. In doing so, Sponsor is not obligated to give away the Prize. In addition, Sponsor may terminate, modify, cancel or suspend this Giveaway if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond its control corrupt the administration, security, or proper play, of the Giveaway. Under no circumstances, including negligence, shall the Released Parties be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GIVEAWAY AND SPONSOR’S WEB SITES IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Any attempt by an entrant or other individual to deliberately damage any web site or undermine the legitimate operation of this Giveaway, including but not limited to, any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entrants engaging in any of the foregoing activities may be disqualified and will forfeit any Prize won.
11. WIN LIST OR OFFICIAL RULES REQUEST: For notification of the Prize winner, or to receive a copy of these Official Rules, email email@example.com, or send a self-addressed stamped envelope in a separate first class stamped envelope to: American Red Cross, Attn: Customer Care – The Cedar Fair – Grand Prize Giveaway, 405 West John Gwynn Jr. Avenue Peoria, IL 61605. Vermont residents may exclude return postage on requests for Official Rules. Requests should be received no later than September 30, 2020.
12. SPONSORS: The American National Red Cross and Cedar Fair Entertainment Company.