Niagara Bottling, LLC.®
PERK YOUR PARK CONTEST
CONTEST OFFICIAL RULES:
NO PURCHASE NECESSARY TO VOTE OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR OPPORTUNITY OF WINNING.
1. CONTEST DESCRIPTION: The Niagara Perk Your Park Contest (the “Contest”) voting period begins Wednesday, September 1, 2021 at 12:00:01 a.m. Pacific Time (“PT”) and ends Wednesday, September 29, 2021 at 11:59:59 p.m. PT (the “Voting Period”). The Contest will consist of one (1) Voting Period to award two (2) prizes. The two Parks (defined below) with the greatest number of fan votes at the end of the Voting Period will be the winner. The five (5) participating park projects (each a “Park,” and collectively, the “Parks”) are located in Missouri City, TX, New Braunfels, TX, Clermont, FL, and Riviera Beach, FL. The winning Park will be announced on or about Wednesday, October 20, 2021. 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 (“Sponsor”), and/or COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 cfapromo.com (the “Administrator”), 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: Employees, officers, and directors of Sponsor, Administrator, 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 NOT eligible to vote. 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 address, and voting for the local listed Park you believe should receive the Prize.
- Complete the entry by agreeing to the Official Rules and submit.
The two (2) Parks with the greatest 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 will cast one (1) vote, in its sole discretion, to determine the winning Park.
Limit: One (1) vote per person 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 discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole 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.
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.
Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the Prize based on eligible votes received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Contest-related information to or from the web site 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 entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site 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 Wednesday, October 20, 2021. Sponsor may, at its sole discretion, contact the winning Park on or about October 6, 2021.
Winner Notification: Potential winning Park(s) 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 with the next highest number of fan votes (“Alternate Winner”). Potential prize winner(s) must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.
Each winning Park 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 tax payer 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.
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, 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, 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.
All portions of the Prize(s) are non-assignable and non-transferable. Any Prize(s) pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Nothing in these Official Rules, either express or implied, is intended to or shall confer upon any third party, including without limitation any Park, any legal or equitable right, benefit or remedy of any nature whatsoever.
6. PRIZE: The two (2) Parks with the greatest number of fan votes at the conclusion of the Voting Period, will be the Winners. The winning Park(s) will each receive $90,000 to perk their winning Park. Total approximate retail value (“ARV”) of all Prizes in this Contest is $180,000
PRIZE NOTES: The two winning Parks will be awarded a grant from National Recreation and Park Association (“NRPA”) and Sponsor. In addition to the requirements listed in Section 4 above, the winning Parks will have to sign and return a Memorandum of Understanding (“MOU”) from the Sponsor that includes the scope of work and other deliverables required per the grant. Once the applicable MOU is executed, the Park will receive payment—either in form of a check or ACH (direct deposit)- whichever the Park 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).
DISQUALIFICATION: Sponsor reserves the right in its sole 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, 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. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) based on the greatest number of votes from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.
7. LIABILITY WAIVER:The Released Parties are not responsible for, and Voters 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.
8. GOVERNING LAW; LIMITATION OF LIABILITY:Except where prohibited, Entrant agrees that: (1) 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 (2) 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 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. ARBITRATION PROVISION: By participating in this Contest, Entrant agrees that any and all controversies, claims, counterclaims or other disputes entrant may have with, or claims entrant may have against the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Official Rules including, but not limited to, a claim that all or any part of these Official Rules is void or voidable.
If Entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude Entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules.
Neither Entrant nor Sponsor may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary herein, the arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. No waiver of any provision of this Section of these Official Rules will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Official Rules. This Section of these Official Rules will survive the termination of your relationship with Sponsor.
10. Winner’s List: For the name of the winning Parks (available after 10/20/21) or a copy of these Official Rules, 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 10/21/21.
Please specify “winners list” or “Official Rules” and the name of the Contest in your request.
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