Birthday Sweepstakes Official Rules

Enter the sweepstakes for a chance to win a FREE two-hour Classic, Basic Birthday Party for your child and nine friends during our soft opening at Urban Air Adventure Park. (“Birthday Sweepstakes”).  All entries will be subject to the Official Rules set forth below.

OFFICIAL RULES

The Birthday Sweepstakes is governed by these official rules (“Official Rules”) and applicable law. By participating in the Birthday Sweepstakes, participant agrees to abide by these Official Rules and applicable law and understands that the results of the Birthday Sweepstakes, as determined by Sponsor, are final in all respects.

  1. NO PURCHASE NECESSARY TO WIN.
  2. Eligibility. Except where prohibited by law, the Birthday Sweepstakes is open only to those persons over the age of majority (as determined by the applicable state laws) who are legal residents of the contiguous forty-eight United States. The Birthday Sweepstakes is void outside the USA, Puerto Rico, the United States Virgin Islands, and other United States territories or possessions.  The Birthday Sweepstakes is subject to all applicable laws and is void where prohibited.  Employees of Sponsor, their immediate family members, and any other representatives, subcontractors, vendors, suppliers, partners, or distributors of Sponsor or any other Urban Air Adventure Park franchisee are not eligible to participate in the Birthday Sweepstakes.
  3. How to Enter.
  4. Entries will be accepted between the Sponsor’s announcement on Facebook of the Birthday Sweepstakes and shall end on the Monday prior to the applicable park opening (“Entry Period”).  All entries must be received by the end of the Entry Period.  Entries received outside of the Entry Period will not be accepted.  One entry per household.  If multiple entries are received from the same participant or household, only the first entry will be accepted and additional entries will be disqualified.  Any attempt by you to obtain more than one entry by using multiple or different email addresses, identities, registrations or logins, or any other methods will void your entries and you may be disqualified from the Birthday Sweepstakes.  Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you.  If, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Birthday Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Birthday Sweepstakes, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, void any entries submitted fraudulently, or to modify, suspend or terminate the Birthday Sweepstakes. Should the Birthday Sweepstakes be terminated prior to the end of the Entry Period, notice may be posted on Facebook. Sponsor, in its absolute and sole discretion, reserves the right to extend or shorten the Entry Period without notice.
  5. Eligible participants may enter the Birthday Sweepstakes during the Entry Period by satisfying all of the following requirements: (i) the participant must “like” the Facebook post announcing the Birthday Sweepstakes, (ii) the participant must “like” the Facebook page for the Urban Air Adventure Park offering the Birthday Sweepstakes, (iii) the participant must post a comment within the Facebook post announcing the Birthday Sweepstakes, and (iv) the participant must tag five friends in the aforementioned comment.  Failure to satisfy these requirements will void the entry.
  6. Announcement of Winners. Only eligible participants may participate in or win the Birthday Sweepstakes.  The winners will be randomly selected by Sponsor from all of the eligible participants and announced on the Sponsor’s Facebook page.  Winners will be announced no later than three days prior to the grand opening of Sponsor’s Urban Air Adventure Park.  If Sponsor is unable to contact the prospective winner within two days from first notification attempt or if the winner fails to comply with any of these requirements, the Prize will be forfeited and Sponsor will select an alternate winner.
  7. Odds of Winning. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements.
  8. Prizes. Eligible winners will receive a free two-hour Classic, Basic Birthday Party for up to ten people (“Prize”).  The Prize is only available at Sponsor’s Urban Air Adventure Park and shall not be available at any other Urban Air Adventure Park.  Only one Prize may be awarded per household.  Unless otherwise approved or required by the Sponsor, the winner must schedule the birthday party during normal operating hours on the Saturday of the grand opening at Sponsor’s Urban Air Adventure Park.  In certain circumstances, Sponsor may require the birthday party occur on the Sunday of Sponsor’s grand opening weekend.  Winners will have a choice of time slot according to availability.  If the winner cannot schedule the birthday party on the Saturday of the grand opening, the winner forfeits the Prize.
  9. Publicity/Communications. Except where prohibited by law, each participant irrevocably grants Sponsor, UATP Management, LLC, and their respective affiliates, subsidiaries, predecessors, successors, members, managers, shareholders, directors, officers, employees, assigns, marketing partners, vendors, agents, representatives, or any other person or entity associated therewith (collectively, the “Sponsor Parties”) the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity and without compensation.  PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION THEREWITH.  PARTICIPANT RELEASES THE SPONSOR PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S NAME, LIKENESS, STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.  Participant acknowledges and approves Sponsor communicating with participant for any purpose via SMS, email, phone, or other forms of communication.
  10. Sponsor. The Birthday Sweepstakes is sponsored by the specific Urban Air franchisee operating the Urban Air Adventure Park location where the grand opening will occur (“Sponsor”).  For example, if a Birthday Sweepstakes is offered on the Facebook page of the Dallas Urban Air franchisee operating at 123 Main Street, Dallas, Texas, then the Sponsor will be the Urban Air franchisee who has a legal right to operate the Urban Air Adventure Park franchise at such location.  The Birthday Sweepstakes is not sponsored, endorsed or administered by, or associated with any other person or entity, including, but not limited to, Facebook, UATP Management, LLC or their respective affiliates, subsidiaries, predecessors, successors, members, managers, shareholders, directors, officers, employees, assigns, agents, representatives, or any other person or entity associated therewith.
  11. Limitations. The Prize cannot be transferred, substituted, or redeemed for cash. Sponsor reserves the right to substitute the Prize with a prize of equal or greater value. The Sponsor Parties are not responsible for any typographical or other errors in the offer or administration of the Birthday Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any Prize.
  12. Associated Expenses. Incidental expenses and all other costs, taxes, and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the Prize are solely the responsibility of the winner.  Any and all costs, taxes, fees, and expenses associated with the Prize is the sole responsibility of the winner.
  13. Warning. ANY ATTEMPT TO INTERFERE WITH THE OPERATION OF THIS BIRTHDAY SWEEPSTAKES IS UNLAWFUL,  SUBJECT TO POSSIBLE LEGAL ACTION BY SPONSOR, AND WILL VOID THE PARTICIPANT’S ENTRY. SPONSOR RESERVES THE RIGHT TO TERMINATE, SUSPEND OR AMEND THE BIRTHDAY SWEEPSTAKES, WITHOUT NOTICE, AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF SPONSOR DETERMINES, IN ITS ABSOLUTE AND SOLE DISCRETION, THAT THE BIRTHDAY SWEEPSTAKES CANNOT BE CONDUCTED AS PLANNED OR SHOULD A VIRUS, BUG, TAMPERING OR UNAUTHORIZED INTERVENTION, TECHNICAL FAILURE OR OTHER CAUSE BEYOND SPONSOR’S CONTROL INTERFERES WITH THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER PLAY OF THE BIRTHDAY SWEEPSTAKES. IN THE EVENT ANY TAMPERING OR UNAUTHORIZED INTERVENTION MAY OCCUR, SPONSOR RESERVES THE RIGHT TO VOID SUSPECT ENTRIES AT ISSUE. THE SPONSOR PARTIES ARE NOT RESPONSIBLE FOR INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR FOR ANY HUMAN ERROR, TECHNICAL MALFUNCTION, LOST OR DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, LINE FAILURE OR MALFUNCTION OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT OR SOFTWARE, THE INABILITY TO ACCESS ANY WEBSITE, SOCIAL MEDIA PAGE, OR ONLINE SERVICE OR ANY OTHER ERROR, HUMAN OR OTHERWISE.
  14. Release & Indemnification. EACH PARTICIPANT SHALL INDEMNIFY, RELEASE AND HOLD HARMLESS THE SPONSOR PARTIES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE BIRTHDAY SWEEPSTAKES AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE.  THE SPONSOR PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE PRIZE.  THE SPONSOR PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE BIRTHDAY SWEEPSTAKES.  You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
  15. Limitation of Liability. AS A CONDITION OF ENTERING THE BIRTHDAY SWEEPSTAKES, EACH PARTICIPANT WAIVES ANY AND ALL RIGHTS OR CLAIMS TO RECOVER ATTORNEY’S FEES AND ECONOMIC, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FROM THE SPONSOR PARTIES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE THAT ARE IN ANY WAY RELATED TO THE BIRTHDAY SWEEPSTAKES.
  16. Request for Information. Any questions, comments, complaints, request for these Official Rules, or request for a list of winners shall be directed to Sponsor at [email protected]  If you require a hard copy to be mailed to you, please identify the specific grand opening for which you request a list of winners and send a stamped, self-addressed envelope to: Urban Air Adventure Parks, Attn: Birthday Sweepstakes, 2350 Airport Freeway, Suite 505, Bedford, Texas 76022 within sixty (60) days of expiration of the Entry Period.
  17. Disputes/Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant or the Sponsor Parties in connection with the Birthday Sweepstakes, shall be governed by and construed in accordance with the laws of the state where the grand opening occurs without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any other jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in the county where Sponsor operates the Urban Air Adventure Park hosting the grand opening, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
  18. Arbitration/Waiver of Class Action. TO THE FULLEST EXTENT PERMITED BY LAW, ANY DISPUTE BETWEEN PARTICIPANT AND THE SPONSOR PARTIES IN ANY WAY ARISING OUT OF OR RELATED TO THE BIRTHDAY SWEEPSTAKES OR THE ENFORCEABILITY OF THIS ARBITRATION CLAUSE MUST BE SUBMITTED TO BINDING ARBITRATION BEFORE A SINGLE ARBITER WITH THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS COMMERCIAL INDUSTRY RULES IN EFFECT AT THE TIME THE ARBITRATION DEMAND IS FILED.  ANY ARBITRATION DEMAND WILL BE SUBJECT TO THE FEDERAL ARBITRATION ACT.  PARTICIPANT AGREES THAT PARTICIPANT MAY BRING CLAIMS AGAINST THE SPONSOR PARTIES IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION THEREOF.
  19. Privacy Policy. Information submitted with an entry is subject to the privacy policy stated at www.urbanairparks.com (“Website”).  When you enter the Birthday Sweepstakes, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor. Consenting to receive such emails is optional and does not have to be agreed to be eligible to enter the Birthday Sweepstakes and does not improve your chances of winning.  In the event you do consent to receive these emails, the use of such emails shall be subject to the privacy policy available at the Website.  Any information you submit as part of the Birthday Sweepstakes will be treated in accordance with the privacy policy.
  20. Miscellaneous Terms. If there is a conflict between these Official Rules and any announcement of the Birthday Sweepstakes or other social media post related to the Birthday Sweepstakes, these Official Rules shall control.  If any term, provision, covenant, or condition of these Official Rules are held to be invalid, void, or unenforceable, the remainder of the Official Rules shall remain in effect and shall not be affected, impaired or invalidated and any discrepancies herein shall be resolved in Sponsor’s favor.  The terms, and conditions of these Official Rules may be waived only by written instrument executed by Sponsor and such waiver shall only be effective in the specific instance and for the specific purpose for which it is given.  These Official Rules constitute the entire agreement of the parties concerning the subject matter hereof, supersede any prior agreement or representations made between participant and Sponsor, written or oral, and may only be modified in writing.  Any rule and contract interpretation that provides that an ambiguity will be construed against Sponsor is inapplicable to these Official Rules and shall not be used in connection with the interpretation of these Official Rules.  Nothing contained herein shall create a contractual relationship with or a cause of action in favor of a third party against the Sponsor Parties.  Participant warrants to the Sponsor Parties that participant is not relying on and the Sponsor Parties have not made, do not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever, either express or implied, oral or written, past, present, or future, of, as to, or concerning or with respect to these Official Rules or the Birthday Sweepstakes.