Niagara Bottling, LLC.®
PERK YOUR PARK CONTEST
CONTEST OFFICIAL RULES:
1. CONTEST TIMING: The Niagara Perk Your Park Contest (the “Contest”) voting period begins Monday, August 1, 2022, at 12:00:01 a.m. Pacific Time (“PT”) and ends Monday, September 12, 2022, at 11:59:59 p.m. PT (the “Voting Period”). The Contest will consist of one (1) Voting Period to award three (3) prizes. The three entries (the “Park”) with the highest number of fan votes at the end of the Voting Period will be the winners. The participating park projects are located in Boca Raton (FL), Boynton Beach (FL), Coconut Creek (FL), Deerfield Beach (FL), Fort Pierce (FL), Groveland (FL), Leesburg (FL), Riviera Beach (FL), Rosenberg (TX), The Woodlands (TX). The winning Park will be announced on or about Thursday, October 20, 2022. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Niagara Bottling, LLC, 1440 Bridgegate Dr, Diamond Bar, CA 91765, and/or and/or The Woo Agency (“Agency”) whose decisions shall be final and legally binding in all respects.
2. ELIGIBILITY: The Contest voting is open to legal residents the United States and the District of Columbia thirteen (13) years of age or older at time of voting (the “Entrant” or “Voter”). NOTE: the National Recreation and Park Association (“NRPA”), Employees, officers, and directors of NRPA, Sponsor, Agency, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their Advertising and Contest agencies, and any and all other companies associated with the Contest agents (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are eligible to vote. Non legal residents of the United States or the District of Columbia at the time of entry are not allowed to enter. Void outside the 50 United States, the District of Columbia and where prohibited by law. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for the Contest.
3. HOW TO ENTER:
You may vote in this Contest on the Sponsor’s Contest page. Visit www.niagaraperkyourpark.com during the Contest Period.
- Complete all required fields on the voting form which will include a valid email and voting for the local listed Park you believe should receive $75,000 in Perks.
- Complete the entry by agreeing to the Official Rules and submit.
The three (3) Parks with the highest number of fan votes at the end of the Voting Period will be the winners (each a “Winner”). If there is a tie, the Sponsor, in its sole and absolute discretion, will cast one (1) vote to determine the winning Park.
If you opt to access the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions. Sponsor is not responsible for any charges that Wireless carrier may charge.
Limit: One (1) vote per email address per day. Votes in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the voting process, will be void. Any attempted form of entry other than as described herein including the use of multiple email addresses by the same person, is void. Sponsor will determine, in its sole and absolute discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole and absolute discretion, to violate any of Sponsor’s policies, standards, or practices.
WARNING: ANY VOTER THAT UTILIZES OR CREATES MULTIPLE EMAIL ACCOUNTS OR EMAIL ADDRESSES OR MULTIPLE EMAILS FROM ONE IP ADDRESS TO BOOST THEIR NUMBER OF VOTES WILL BE DISQUALIFIED EVEN IF AN ANNOUNCEMENT OF THE ENTRY WINNING HAS BEEN PUBLISHED. AUTOMATED METHODS OF ENTRY AND ENTRY BY PROXY ARE ALSO PROHIBITED.
Entries will be declared made by the authorized account holder of the email address submitted at the time of entry. In case of a dispute over the identity of a Voter, the authorized account holder of the email address used to enter will be deemed to be the Voter. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The authorized account holder may be required to provide proof of identity.
Sponsor reserves the right to cancel or modify the Contest, in its sole and absolute discretion, if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, and to award the Prize based on eligible votes received prior to the cancellation or modification.
Sponsor is not responsible whatsoever for problems downloading or uploading of any Contest-related information to or from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail vote to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or any other technical problems related to website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Contest.
4. WINNER NOTIFICATION:
Contest winner will be announced on or about Thursday, October 20, 2022. Sponsor may, at its sole discretion, contact NRPA and the winning Park Department on or about October 6, 2022.
Winner Notification: NRPA and the Potential winning Park Department will be contacted via email or phone by the Sponsor. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted, or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within three (3) business days of the first notification attempt, or if the prize notification or Prize is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her Prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or declines a Prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate prize winner may be selected. The alternate Winner will be the Park project with the next highest number of fan votes (“Alternate Winner”). The potential prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.
Each winning Park Department will be required to complete, sign and return to Agency, within seven (7) calendar days of the date printed on the notification, an Affidavit of Eligibility/W-9 taxpayer identification (you may include the city/town tax exempt number) form and except where prohibited by law, a Liability/Publicity Release, in order to claim their Prize. No compensation will be paid in lieu of the prize.
By participating, each Voter agrees to be bound by these rules which shall be final in all respects.
5. GENERAL PRIZE RESTRICTIONS/CONDITIONS:
By entering, eachVoter agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS CONTEST ENTITIES (INCLUDING NRPA), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, judgements, costs, penalties, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s participation in the Contest; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are legally binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
Except where prohibited, by accepting Prize, the Winner grants the Sponsor and NRPA the right to use and publish his/her photograph, likeness, name, city and state of residence and/or likeness for advertising and promotional purposes in any media in connection with the Contest without limitation and without additional compensation.
$75,000. The three (3) Parks with the highest number of fan votes at the conclusion of the Voting Period, will be the Winners. The winning Park Departments will each receive $75,000 to Perk the winning Park. Total ARV of all Prizes in this Contest is $225,000.
PRIZE NOTES: The three winning agencies will be awarded a grant from NRPA and Niagara. They will have to sign and return an MOU that includes the scope of work and other deliverables required per the grant. Once signed they will receive payment- either in form of a check or ACH (direct deposit)- whichever the agency prefers.
Sponsor and or Administrator will not replace any lost, mutilated, or stolen prizes. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees arising from any prize award (if any).
The Prize is given to the Winner AS IS. The Released Parties do not make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. The Released Parties accept no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. DISQUALIFICATION: Sponsor reserves the right in its sole and absolute discretion to disqualify any participating Park that is found to be tampering with the voting process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person or Entrant, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
7. LIMITATION OF LIABILITY:
The Released Parties are not responsible for, and Voter hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (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 Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (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, from Entrant’s participation in the Contest and (vi) use of any Prize.
Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental, special, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law rules (whether of state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than state of California. Any litigation arising out of or in any way related to this Agreement shall be venued in San Bernardino County, California.
9. WINNERS LIST:
For the name of the winning Park projects (available after 10/20/22) send a self-addressed stamped envelope to Niagara Perk Your Park Contest Winners, C/O The Woo agency, 9601 Jefferson Blvd, Suite A, Culver City, CA 90232. Requests must be received by 10/21/22.
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