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Cool Springz Reward App Photo Sweepstakes


Official Rules

No purchase is necessary to enter or win the sweepstakes. Void where prohibited or restricted by law.

Sponsor: FAC-ABQ, LLC dba Cool Springz, 5205 San Mateo Blvd. NE, Albuquerque, NM 87109

Eligibility: Sweepstakes open to legal residents of New Mexico who are 18 years of age or older on the date of entry. Employees of Sponsor and its parents, subsidiaries, affiliates, directors, officers, employees, and related entities, and their immediate families or household members are not eligible to participate.

Term: The sweepstakes begins on June 1, 2019 at 10:00AM Mountain Daylight Time and ends on November 30, 2019 at 10:00PM Mountain Standard Time (“Term”).

Entry: Download the free CoolSpringz App (“the App”) from the Apple App Store or the Google Play Store. Register with the App using your email address or sign in with Facebook.® After registration, take a picture with the App in the Cool Springz park and post the picture with the App. This enters your picture into the Sweepstakes.

There is no charge for downloading or using the App. Participants may also win rewards by taking pictures at the Cool Springz park and posting those pictures using the App. Each picture posted is eligible for entry into the Sweepstakes.

Winner Selection:

Cool Springz will select the best pictures posted during each calendar month from June through November 2019 and post those pictures to be voted on by the public as best picture of that month. Pictures will be posted by the 10th day of the calendar month following the calendar month the picture was posted (“Voting Month”). Voting will be open from the 10th day to the 20th day of the Voting Month. The winning picture will be the picture that gets the greatest number of votes from the public during the voting period.

The person posting the winning picture for each calendar month will be notified by email on the last day of the Voting Month using the participant’s registration information from the App. The winning participant must claim his/her prize within 30 days of notification being sent at the Cool Springz park anytime during business hours.

The winning picture for each calendar month will automatically be entered into the selection for best picture of the year 2019. Voting for the best picture of the year will be open from December 10th to December 20th, 2019. Notification to the winner will be sent on or before December 31st, 2019. The winning picture prize must be claimed before January 31st, 2020 at the Cool Springz park anytime during business hours.

If a prize for a winning picture is not claimed by the deadline or the participant is ineligible to claim the prize, the prize will not be awarded.

Sponsor and its parents, subsidiaries, affiliates, directors, officers, employees, and related entities are not responsible for incorrect or inaccurate entry information, human error, or for any other reason. All entries become the property of Sponsor when submitted and will not be acknowledged or returned. Sponsor will reject inappropriate pictures. Any attempt by any participant to participate in this Sweepstakes by any method that violates these Rules will void that participant’s entries and that participant will be disqualified.

Potential winners will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a Publicity Release at the time the prize is claimed. If a potential winner does not agree to complete the required documents, the prize will be forfeit and will not be awarded. Potential winners also agree that their first name, last initial and city of residence may be published on Sponsor’s website.

Prizes: Sponsor will award one prize each calendar month for the picture selected as the winning picture for the month in which the picture was posted.

The prize for the participant posting the winning picture for each calendar month will receive two (2) 3-Hour All Access Passes. The approximate retail value of this prize is $59.98.

The prize for the participant posting the winning picture for the year will receive four (4) 3-Hour All Access Passes. The approximate retail value of this prize is $119.96.

Chances of Winning: Each participant’s chance of winning a prize for best picture of a calendar month depends upon the number of valid pictures submitted by the participant divided by the total number of valid pictures received by Sponsor during each calendar month. There are six potential calendar month winners so each participant has six chances to win a prize for best picture of a calendar month.

There will be six winning calendar month pictures entered for voting as best picture of the calendar year. The winning participants entered into voting for best picture of the calendar year will have a 1 in 6 chance of winning the prize for best picture of the calendar year.

Prize Restrictions. Prizes are non-transferable and no substitutions are allowed except by Sponsor, who reserves the right to award a prize of equal or greater value, should the prize become unavailable for any reason. Sponsor has paid the New Mexico Gross Receipts tax on the prizes. Any and all other taxes and costs associated with the receipt and use of the prize are the responsibility of the winners.

Release and Limitation of Liability. By entering, participants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees, and related entities (collectively, “Releasees”) from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property that may be sustained in connection with the receipt, ownership, or use of any prize from or arising out of participation in this Sweepstakes. Sponsor assumes no responsibility or liability for (1) any error, omission, defect, theft or destruction or unauthorized access to, or alteration of, entries; (2) any incorrect or inaccurate information, whether caused by entrants or by any equipment associated with or used in the Sweepstakes; (3) failure of any entry to be received by Sponsor for any reason; (4) technical or human error which may occur in the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes, or receipt or use or misuse of any prize.

Privacy: By entering the Sweepstakes, you agree and consent to the collection, use, and disclosure of your personal information for the purposes of administering this Sweepstakes in accordance with these Rules.

Conduct: By participating, entrants agree to comply with and be bound by these Rules. Failure to comply with these Rules will result in disqualification from the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any Sponsor web site; (b) violating these Rules; (c) violating the rules of service, conditions of use, and/or general rules or guidelines of any Sponsor property or service; or (d) acting in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.

Force Majeure: The failure of Releasees to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Releasees (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Rules.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually and exclusively, without resort to any form of class action, by final and binding arbitration under the American Arbitration Association’s (“AAA”) Procedures for Consumer-Related Disputes and the AAA’s Commercial Arbitration Rules; (2) this arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Albuquerque, New Mexico; (4) the arbitrator shall apply the law specified by these Rules; (5) any and all claims, judgments, and awards shall be limited to actual outofpocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or other costs; and (6) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, consequential damages, and any other damages other than for actual outofpocket 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 Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Mexico except New Mexico’s Uniform Arbitration Act, NMSA Chapter 44, Article 7A, without giving effect to any choice of law or conflict of law Rules (whether of the State of New Mexico or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Mexico.

Winners List: The list of winners will be published on Sponsor’s website once all potential winners are validated at coolspringz.com.

Official Rules: A copy of these Rules may be obtained from Sponsor’s website at coolspringz.com.