Photo Contest Rules

LAKE COMPOUNCE® HAUNTED GRAVEYARD PHOTO CONTEST

OFFICIAL RULES

PURCHASE REQUIRED. VOID WHERE PROHIBITED BY LAW.

BY ENTERING, ALL ENTRANTS HEREBY AGREE TO ABIDE BY THESE OFFICIAL RULES.

1. Eligibility: Open to legal residents of the United States who are thirteen (13) years of age or older as of date of entry; however, residents of the state of Massachusetts must be eighteen (18) years of age or older 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 Lake Compounce Haunted Graveyard & Photo 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. Participants in the photo contest element (as described below) must have a valid Facebook or Twitter® social media account. Void where prohibited by law.

2. Contest Period: The Photo Contest begins on October 1, 2016 at 4:00 p.m. EDT and ends on Monday, October 3, 2016 at 11:59 p.m. EDT, (the “Photo Contest Period”). Sponsor or Sponsor’s designee shall be the sole determiner of all Contest-related time periods.

3. How to Enter: To enter the Photo Contest, during the Photo Contest Period, Entrants must send an email with one (1) photo attached (a “Photo Submission” as further defined in Section 4 below) to: [email protected]. In addition, ALL ENTRIES MUST INCLUDE A COMPLETED AND SIGNED PHOTO RELEASE. DOWNLOAD THE RELEASE HERE. Failure to attach a completed and signed Photo Release to the entry email renders the entry/Photo Submission incomplete, void, and the Entrant is ineligible to win a prize. Entries and/or releases received by mail or fax are null and void.

Each Photo Submission must be renamed with the Entrants name. For example purposes only, JaneSmith.jpg

Photo types allowed: JPG, PNG, and GIF. No PSD or uncompressed files, please.

The photograph used for the Photo Submission must be taken during the Park’s current “Haunted Graveyard” promotion’s operating days and hours, located at the Lake Compounce park, 186 Enterprise Drive, Bristol, CT 06010 (the “Park”). Visit www.hauntedgraveyard.com for details.

Limit: One entry per Entrant. Subsequent Photo Submissions shall be deemed null and void.

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 at its sole discretion.

Additional entries beyond those allowed herein 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.

Photo Contest Miscellaneous Rules

Actual weapons are banned in the Park, regardless if they are functional or not, per Connecticut State Law. Fake weaponry/props made from foam, paper mache, tissue paper, wood etc., are permitted, provided that they are not so realistic that they could be mistaken for an actual weapon. Props will not be approved or inspected prior to the Craftsmanship Contest.

THE FOLLOWING ITEMS ARE NOT ALLOWED:

Revealing and/or offensive attire. Disqualification and possible removal from the Park are at Sponsor’s sole discretion.
Knives, firearms (whether disabled or not), and other weapons as described in Connecticut State Law, Chapter 943, Sections 53-206.
Any prop that is so realistic that it could be mistaken for an actual firearm.
Metal blades (knives, swords, sharp items, etc.).
Metal chains, spikes, whips, leashes.
Any other potentially harmful weapon, props, or item as determined by Lake Compounce Security.
Unauthorized items may be confiscated, cataloged and stored. Upon exit of the Park, the owner may reclaim it. Any item found to violate city, state, or federal law may not be returned at the sole discretion of Lake Compounce Security.
Prop weapons should not be carried outside the Park. The Bristol Police Department (or other authorized law enforcement agency) may treat anyone carrying realistic looking weapons as a LEGITIMATE THREAT AND MAY TAKE APPROPRIATE ACTION AT THEIR DISCRETION.

Please be aware that your costume may prevent you from riding on certain Park rides, such as roller coasters. This is a safety issue: Wigs or anything with big sleeves or loose parts would be examples of things which may result in you not being able to ride a ride.

4. Photo Submission Requirements:

It is understood that Sponsor may use the Photo 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 Photo Submission it receives.

Photo Submissions must conform to the following requirements:

(i) The Photo Submission must convey positive, family-oriented material. At Sponsor’s sole discretion, the Photo 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 Photo Submission that Sponsor, at its sole discretion, deems to be inappropriate (including, but not limited to: Photo 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, discriminatory, 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. In addition, compliance with the following terms is required:

As referenced above, all Entrants must submit the completed Photo Release form provided by Sponsor. Failure to complete and sign the Photo Release form and attach it to the entry email shall disqualify an Entrant from the Contest.
A Photo Submission must be a new digital photograph. No renderings, video, or animated Photo Submissions will be accepted. All Photo Submissions must have been taken within the confines of The Haunted Graveyard during the Photo Contest Period.
Photographers must provide their own equipment. This includes lighting. Outlets/electricity will not be provided.
Photo editing of the submitted photographs is permitted.
Photography while on Park rides is strictly forbidden and is grounds for disqualification. In addition, using a camera or camera phone while a ride is in operation is grounds for immediate dismissal from the Park.
Participants may pose with sets and mannequins, but use of props or climbing on Park equipment, sets, or facilities is not allowed unless directly approved and supervised by a Park employee or Sponsor’s representative.
In the event any Entrant, model, or other participant damages or breaks Sponsor’s equipment, facilities or props, defaces the facilities, or causes any other damage, then, in such an event, the individual responsible shall compensate the Park in the amount required to effectuate any necessary repairs or replacement costs as determined solely by Park personnel and/or the Sponsor.

(ii)Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Photo 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 Photo 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. However, Photo Submissions shall not be utilized as resale items such as prints, merchandise, etc. without the express written consent of the Entrant. Each Photo Submission is, and will be treated as non-confidential and non-proprietary. Sponsor retains the right to edit all Photo Submissions and utilize them as permitted herein, but is under no obligation to do so. Each Entrant hereby represents and warrants that it owns the Photo 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 Photo 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 Photo Submission for online 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 Photo 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 Photo 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 Photo Submission. If an Entrant does not agree to these terms, it should not enter the Photo Contest.

Photo Submissions that fail to meet Sponsor’s Minimum Standards or that otherwise violate Section 4 (i) shall not be made available for judging. If you do not agree to these terms, do not enter the Photo Contest.

SPONSOR’S DECISIONS ARE FINAL AND BINDING. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.

6. How to Win.

Photo Contest:

The Photo Submissions shall be posted by Sponsor’s employees and/or its designated representatives on the Haunted Graveyard Facebook page on October 4, 2016. Visitors to the page may cast votes by “liking” their favorite Photo Submission and ten (10) finalists shall be chosen from the pool of eligible Entrants. These ten(10) Photo Submission finalists shall be posted on the Haunted Graveyard Facebook page on October 14, 2016. Visitors to the page may then cast another vote by “liking” their favorite Photo Submission Finalist. Visitors to The Haunted Graveyard may also cast a vote on site for their favorite of the ten (10). The final three (3) Photo Submissions with the most Facebook likes/votes on October 19, 2016 at 11:59 p.m. EDT shall be declared the winners (in descending order) of the Photo Contest (each, a “Winner”).

The Photo Contest Winner will be announced on or about October 20, 2016 via Facebook. Each Winner must respond to Sponsor’s notification posts within 24 hours and be available to appear at The Haunted Graveyard on October 21, 2016 or the prize may be awarded to the next eligible Entrant.

Tie-breaker: In the event of a tie among two or more Photo Submissions, Entrants shall be judged (by Sponsor or its designated representative) on the judging criteria below. Sponsor, at its sole discretion, shall make the final decision to resolve any tie.

Judging criteria utilized by the judges is as follows:

Creativity, Originality, and Depiction of Contest Theme: 80%
Composition/Technical Skill: 20%

7. Prize. The prizes awarded for the Contest are as follows:

First Place: $1000 cash prize.
Second Place: $500 cash prize.
Third Place: $250 cash prize.

The prize awarded is the same regardless of whether multiple Entrants collaborated on a Photo Submission. The prize will be awarded to a single individual; distribution of a prize award for a group effort is not Sponsor’s responsibility. In the event of a dispute in the Photo Contest, 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 to an email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, as applicable.

NO TRAVEL, ACCOMMODATIONS, MEALS, OR OTHER EXPENSES ARE INCLUDED WITH THE PRIZE.

Odds of winning depend on the number of Photo Submissions received, and each Entrant’s skill in creating the Photo Submission.

To receive the prize, Entrant must be in compliance with these Official Rules as solely determined by the Sponsor.

ALL FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNERS. Any difference between the stated estimated value of the prizes and their actual value will not be awarded. Winners agree to accept prizes “as is.”

Prizes are nonrefundable and nontransferable. Sponsor is not required to (but may, in its sole discretion) offer substitutions, or an alternative to the prize awarded under the Contest. In addition, Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. The prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes.

8. General Entry Rules: Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, multiple Photo Submissions or likes/votes 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 Photo Submissions for this Contest, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries or likes/votes, including, but not limited to, like/vote buying or purchasing processes, as determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and take any and all measures it deems necessary to ensure a fair Contest. Mutilated, lost, illegible, corrupted, or incomplete entries or Photo 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; or (iii) for any printing errors in these Official Rules. If a printing, electronic, or other error results in more prizes 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.

9. 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 the 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, social media handles, likenesses, images, photographs, voices, cities/states of residence, Facebook or account handle, biographical information, the costumes, Photo Submissions (as applicable), 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, 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 (such as the Photo Release referenced above) 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.

10. Miscellaneous Conditions: 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 Contest 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”). 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.

11. Digital Millennium Copyright Act:

In the event the Photo Submissions are posted on the Internet or distributed via social media by the Sponsor, 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 protected] with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a description of the alleged infringement in detail; (ii) the name of the copyright owner or party 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.”

12.Winners’ List and Official Rules: You may request the name of the Winners by sending a self-addressed, stamped envelope by December 3, 2015 to Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA 92660-2030. Attn: Haunted Graveyard 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.

13. Social Media Participation: Facebook in no way sponsors, endorses, administers, or isotherwise associated with the Contest.

14. Sponsor: Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA 92660-2030.

15. Privacy Policy. Use of personally identifiable information provided to Sponsor is subject to Sponsor’s privacy policy. Full privacy policy can be found HERE.