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Social Media Giveaway and Promotions Rules and Regulations Carowinds

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Social Media Giveaway and Promotions Rules and Regulations Carowinds

By participating in a social media promotion or giveaway hosted by the social media channels of Carowinds on Twitter, Facebook or Instagram, you agree to these official rules and regulations, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as “you” or “Participant.” 

The details and requirements for entry or participation in any promotion shall be provided by the Carowinds Account from time to time, in the discretion of the Carowinds Account. Participants must follow the directions provided by the Carowinds Account and otherwise be bound by and follow these official rules to be eligible to receive a prize in connection with any promotion or giveaway. 

No purchase is necessary to participate in a social media promotion or giveaway hosted by the Carowinds social media channels. Promotion and/or giveaway are void where prohibited. Promotions or giveaways hosted by the Carowinds social media channels are open only to U.S. Residents, 18 years of age and older. Employees of Cedar Fair Entertainment Company, third-party partners, their parent companies, affiliates, subsidiaries, agents, advertisers and promotion agencies and the immediate families of each are not eligible. Decisions of the park are final in all matters relating to the promotion or giveaway. All federal, state and local laws and regulation apply. 

By participating, you agree to abide by and be bound by the Official Rules. Except as specifically set forth herein, all other costs including federal, state and local taxes are the sole responsibility of winners. Not responsible for lost, late, illegible, mutilated, misdirected entries, entries not received in time for the random drawing, faulty machinery or other mechanical error. Winners will be notified as outlined in each promotion or giveaway. 

For and in consideration of being a Participant in the promotion or giveaway and other good and valuable consideration, the receipt of which you hereby acknowledge, you hereby confirm that any and all materials submitted by you in connection with the Promotion including, without limitation, any photographs, are and/or were created for the Carowinds Account and shall constitute "works made for hire" (as defined under the U.S. Copyright Act of 1976 and for the purpose of all other copyright laws throughout the world) and that the Carowinds Account(s) shall be considered the author thereof and shall own all rights (under copyright and otherwise) in and to any and all such materials throughout the universe, in perpetuity, with all right to make such changes in, and such uses and exploitations thereof, for all media now known and hereafter devised, as the Carowinds Account may determine in its sole discretion (including without limitation the right to refrain from doing so). If it is determined that any such materials do not qualify as "works made for hire," then you hereby irrevocably assign, transfer and convey such materials to the Carowinds Account to the full extent had they so qualified. 

Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a promotion or giveaway. Participants who do not follow this rule or who otherwise participate in a promotion or giveaway in an unsportsmanlike manner will be disqualified from winning. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto. 

Prizes shipped to U.S. addresses only. No substitution or transfer of prize permitted. If prize is not generally available at giveaway or promotion end, another prize of equal or greater value will be substituted at sponsor's option. If a minor wins a prize, prize will be awarded in the name of a parent or legal guardian who must accompany minor. By accepting prize, winner agrees to hold sponsor(s), their respective directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of prize. Winner(s) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize. Sponsors not responsible for any typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the prize.

By participating in a promotion or giveaway, each participant agrees that to the extent permitted by applicable law: 1) Any and all disputes, claims and causes of action arising out of or connected with the promotion, or any prize awarded will be resolved individually, without the resort to any form of class action; 2) Any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any) not to exceed $50.00, but in no event will attorneys’ fees be awarded or recoverable; 3) Under no circumstances will any participant by permitted to obtain any award for, and participant hereby knowingly and expressly waives all rights to seek punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses not to exceed $50.00 and or any rights to have damages multiplied or otherwise increased; and 4) Participant’s remedies are limited to a claim for money damages (if any) and participant irrevocably waives any right to see injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you. 

The invalidity or unenforceability of any provision of these Official Rules and Regulations will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules and Regulations is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Participants agree to waive any rights to claim ambiguity of these Official Rules and Regulations. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on an applicable website and/or the terms and conditions of the Official Rules and Regulations, the Official Rules and Regulations stated by the social media channels of Carowinds shall prevail, govern and control and the discrepancy will be resolved in the Carowinds Account's sole and absolute discretion. The Carowinds Account reserves the right to modify these Official Rules and Regulations for clarification purposes without materially affecting the terms and conditions of the promotion or giveaway. In the event that the promotion or giveaway is challenged by any legal or regulatory authority, the Carowinds Account reserves the right to discontinue or modify the Promotion, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participants who are disqualified due to such an action.