2023 Niagara Perk Your Park Project Rules

CHARITABLE PROJECT OFFICIAL RULES:

NO PURCHASE NECESSARY TO ENTER. By entering, you understand that you are providing your information to National Recreation and Parks Association (“NRPA”). Information collected in this Project will be used in accordance with the NRPA’s privacy policy which may be viewed at (INSERT PRIVACY POLICY). Should any term or provision of these rules be prohibited or considered invalid under appliable law, that term or provision shall be void and the remainder shall still be considered valid and enforceable.

1. PROJECT TIMING: The Perk Your Park Project (the “Project”) application period begins August 7, 2023, at 12:00:01 a.m. Pacific Time (“PT”) and ends September 18, 2023, at 11:59:59 p.m. PT (the “Submission Period”). The Project will consist of one (1) Submission Period to award three (3) Grants. The three agencies (the “Park”) with the most entries at the end of the Submission Period will receive a grant award. The participating park projects are located in the following cities Atlanta (GA), College Park (GA), Douglasville (GA), Dallas (GA), Seguin (TX), Lancaster (TX), Houston (TX), Beach City (TX), La Verne (CA). The awarded Park will be announced on or about Thursday, October 20, 2023. By participating in the Project, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the National Recreation and Park Association.

2. ELIGIBILITY: The Project submission period is open to legal residents of the United States and the District of Columbia thirteen (13) years of age or older at time of entry (the "Entrant”). NOTE: The National Recreation and Park Association (“NRPA”) and Niagara Bottling LLC.(“Funder”), Employees, officers, and directors of NRPA, Funder, 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 Project agencies, and any and all other companies associated with the Project agents (collectively, the “Project Entities”), and each of their immediate family members and/or people living in the same household are eligible to enter.  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. The Funder's database clock will be the timekeeper for the Program.

3. HOW TO ENTER: You may submit your entry in this Project on the page paid for by the Funder. Visit www.niagaraperkyourpark.com during the Submission Period.

●        Complete all required fields on the form including a valid email and choose the listed Park you believe should receive a $75,000 charitable grant. 

●        Complete the entry by agreeing to the Official Rules and submit.

By submitting an entry in this Project, you represent and agree that all of the information provided is accurate, honest, up to date, and will not violate the rights of any third party. Any misrepresentation or willful inaccuracy provided in the entry, or violation of the Official Rules is grounds for immediate disqualification.

The three (3) Parks with the most entries at the end of the Submission Period will be chosen as the grantees (each as a “Grantee”). If there is a tie, NRPA, in its sole and absolute discretion, will determine the awarded Park.

If you opt to access the Project 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 Project. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions. NRPA is not responsible for any charges that Wireless carrier may charge.

Limit: One (1) entry per email address per day. Entries in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the submission 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. NRPA 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 NRPA’s policies, standards, or practices.

WARNING: ANY ENTRANT THAT UTILIZES OR CREATES MULTIPLE EMAIL ACCOUNTS OR EMAIL ADDRESSES OR MULTIPLE EMAILS FROM ONE IP ADDRESS TO BOOST THEIR NUMBER OF ENTERS 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 an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “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.

NRPA reserves the right to cancel or modify the Project, in its sole and absolute discretion, if fraud or technical failures destroy the integrity of the Project as determined by the NRPA, and to award the Grant based on eligible entries received prior to the cancellation or modification.

NRPA and its Funder are not responsible whatsoever for problems downloading or uploading of any Program-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 enter to be received by Funder 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 Project.

4. GRANTEE NOTIFICATION: Grantees will be announced on or about October 20, 2023. NRPA and the Potential grantee Park agency will be contacted via email or phone by NRPA.  NRPA shall have no liability for any potential grantee notification that is lost, intercepted, or not received by any potential grantee for any reason. If, despite reasonable efforts, any potential grantee does not respond within three (3) business days of the first notification attempt, or if the grantee or grant is returned as unclaimed or undeliverable to such potential grant, such grantee will forfeit his or her grant and an alternate grantee may be selected. If any potential grantee is found to be ineligible, or declines a grant for any reason prior to grant award, such potential grantee will be disqualified, and an alternate grantee may be selected. The alternate grantee will be the Park Project with the next highest number of entries (“Alternate Grantee”). The potential grantee must comply with all terms and conditions of these Official Rules and being awarded is contingent upon fulfilling all requirements.

By participating, each Entrant agrees to be bound by these rules which shall be final in all respects.

5. GENERAL PROJECT RESTRICTIONS/CONDITIONS:  By entering, each Entrant agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS PROGRAM ENTITIES (INCLUDING NRPA and its Funder), 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 Project; (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 Grant, including, without limitation, to such Grants’ 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 Project itself, and to be bound by all decisions of NRPA, which are legally binding and final. Failure to comply with these conditions may result in disqualification from the Project at NRPA’s sole discretion.

6. GRANT:  $75,000. The three (3) Parks with the highest number of entries at the conclusion of the Submission Period, will be the Grantees. The awarded Park agencies will each receive $75,000 to develop or upgrade their respective parks. Total ARV of all Grants in this Project will not exceed $225,000.

The three winning agencies will be awarded a grant from NRPA.  The agencies will sign and return a grant agreement that includes the scope of work and other deliverables required per the grant. NRPA will not replace any lost, mutilated, or stolen Grants. Grantees are responsible for any and all applicable local, state, and/or federal taxes and fees arising from any Grant award (if any).

Except where prohibited, by accepting Grant, the Grantee gives 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 Project without limitation and without additional compensation.

The Grant award is given to the Grantee 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 Grant, 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: NRPA reserves the right in their sole and absolute discretion to disqualify any participating Park that is found to be tampering with the voting process or the operation of the Project, 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 Project, or to annoy, abuse, threaten or harass any other person or Entrant, and NRPA 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 Entrant 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 Project; (iv) electronic or human error which may occur in the administration of the Project 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 Project and (vi) use of any Grant.

8. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Project or any Grant 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 Project, 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 Funder in connection with the Project 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.

@NRPA, 2023