TERMS AND CONDITIONS
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Public Surf Sessions, Cable Park Passes, Water Park Passes and Apparel package giveaways (the “Giveaway“) are provided by Waco Surf (the “Sponsor”).
ELIGIBILITY: legal residents of the United States of America who are 18 years of age or older at the time of entry. Excluded from eligibility are officers, directors, employees, agents and representatives of Waco Surf collectively, the “Excluded Individuals“). NO PURCHASE IS NECESSARY TO ENTER THE GIVEAWAY. The Giveaway is void where prohibited by law.
ACCEPTANCE OF RULES:
Participation in the Giveaway constitutes an entrant’s full and unconditional agreement to these Official Giveaway Rules (the “Rules“), as may be amended by Waco Surf at its sole discretion from time to time. Winning a prize is contingent upon a winning entrant also fulfilling all requirements set forth in these Rules.
Notwithstanding any other provision contained in these Rules, Waco Surf reserves the right, in its sole discretion, to modify, amend, cancel, suspend, reinstate or close the Giveaway, at any time in whole or in part without prior notification, and for any reason whatsoever.
The Giveaway starts in February 2023, and will commence in December 2023. Each Giveaway is subject to a 5-14 day time frame to be outlined in the body of the initial social media post. Additional giveaways may be announced without notice at any time during the Giveaway Period.
PARTICIPATION AND GIVEAWAY ENTRIES:
- To participate in this Giveaway, entrants must have an Instagram account. At the time of writing of these Official Rules, there are no fees known by the Sponsor to be associated with the creation of an Instagram account.
- Entrants must follow @wacosurf_tx and tag 2 friends in our announcement post on Instagram during the giveaway period. Multiple entries are allowed.
PRIZES AND PRIZE VALUE:
Prizes will be provided by Waco Surf. Prizes will be awarded by the Sponsor in accordance with these Rules. The Prize will include one of the below options, based on the content of the giveaway:
- 1 Public Surf session to be used in 2023 (including Beginner, Intermediate and Advanced Public Surf Sessions, but excluding Pro Surf Sessions, Beginner Academy and Private Surf Sessions).
- 2 All Day Cable Park Passes and all necessary equipment for those 2 guests to be used in 2023 (including Advanced Cable Sessions, but excluding the Wake Academy beginner sessions)
- 1 Family Water Park and Beach Pass to be used in 2023 (or 4 Individual Water Park and Beach Passes)
- 1 Waco Surf apparel and accessory prize pack including a mix of apparel, accessories and miscellaneous Waco Surf items.
SELECTION OF WINNERS:
The prize winner (the “Prize Winner”) and a Substitute Prize Winner will be selected by random by the Sponsor from the pool of eligible entries submitted during the Prize Giveaway Period.
NOTIFICATION OF WINNERS:
The Sponsor will attempt to notify Prize Winner via Instagram direct messaging. If after exercising reasonable efforts, Waco Surf cannot reach an entrant within two weeks from the first attempt to contact them, Waco Surf will be free of any liability for awarding a given prize to that Prize Winner and such prize may be considered by the Sponsor to be forfeited by the Prize Winner. In that event Waco Surf will contact the Substitute Prize Winner by Instagram direct messaging. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the social media account who followed @wacosurf_tx and completed the participation requirements.
TERMS OF PRIZE ACCEPTANCE:
Each prize must be accepted as awarded. No substitution, assignment or transfer of prizes is permitted, except: (i) as otherwise explicitly provided herein; or (ii) at Waco Surf’s sole discretion. Waco Surf reserves the right to substitute a Prize with one (1) of comparable or greater value without liability or consent. Prizes are non-transferable. and subject to availability. All costs and expenses not specifically included as part of any prize, including, without limitation, insurance, taxes, and any other expenses and any taxes thereon, are the sole responsibility of the winner. Each winner will be solely responsible for paying any taxes and any other expenses incurred by the winner in connection with receiving the prize or participating in the Sweepstakes, including any income taxes, sales or use taxes, value added taxes, goods and services taxes, or harmonized sales taxes. Winner/s may be required to provide tax information as requested by Waco Surf.
PRIVACY AND PUBLICITY RIGHTS:
Waco Surf, its authorized agents and/or representatives may collect, use, and disclose the personal information provided by each entrant at the time they enter the giveaway for the purposes of administering the giveaway and prize fulfillment. By entering this giveaway, each entrant expressly consents to the use of their personal information for such purposes.
By accepting a prize, a winner hereby consents to Waco Surf’s use of the winner’s name, city of residence, picture or other photographic image, biographical information, statements, voice and likeness in any advertising and publicity that Waco Surf may conduct in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time in perpetuity, without further compensation or notice to the winner.
Waco Surf reserves the right, at its sole discretion, to disqualify any entrant from the Giveaway if Waco Surf finds or reasonably believes such individual to be tampering with the entry process or the operation of the Giveaway or where applicable, the Giveaway Page; and/or to be acting: (i) in violation of these Rules; (ii) in an unsportsmanlike or disruptive manner; or (iii) with the intent to annoy, abuse, threaten or harass Waco Surf, or any of their respective employees, any other giveaway entrants, or any other person. Any attempt by an entrant or other individual to automate the entry process, or to otherwise undermine the legitimate administration, security or operation of the Giveaway is prohibited and may be a violation of applicable criminal and civil laws. Waco Surf reserves the right to seek remedies and damages from any such person to the fullest extent permitted by law. Entrants engaging in any of the foregoing activities may be disqualified and will forfeit any prizes awarded to such entrant.
The decisions of Waco Surf in regards to all matters of the giveaway are final and binding upon entrants. In the event of any dispute regarding the interpretation of the rules of the giveaway or any decision rendered by Waco Surf, the decision or interpretation of Waco Surf shall prevail.
All entrants must comply with all applicable laws.
Not to be used with any other discount or offer.
Cannot be applied retroactively to already booked reservations.
RELEASES AND LIMITATIONS:
Entrants acknowledge that Waco Surf, and all involved advertising and promotional agencies, other suppliers providing Prizes or other materials or services in connection with this Giveaway, anyone else involved in the development or execution of this Giveaway (e.g., Instagram), each of their respective parent companies, subsidiaries and affiliated companies and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Releasees“) have not made, nor are in any manner responsible, for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to, its quality, merchantability and fitness for a particular purpose or the use thereof. Further, no responsibilities are accepted by any of the Releasees for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT HEREBY RELEASES AND HOLDS HARMLESS ALL OF THE RELEASEES FROM ANY AND ALL LIABILITY, INJURIES, LOSS, CLAIMS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM OR IN CONNECTION WITH: (I) PARTICIPATING IN THE GIVEAWAY; AND/OR (II) ACCEPTANCE, USE, MISUSE OR NONUSE OF ANY PRIZE OR PARTS THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DEATH, PERSONAL INJURY, DAMAGE OR LOSS OF ANY KIND, LOSS INCURRED DURING TRAVEL TO/FROM, AND/OR ATTENDANCE AT, ANY OF THE EVENTS FORMING PART OF THE PRIZES AND FROM LIABILITY TO ANY OTHER PERSONS RELATING TO OR RESULTING FROM ENTERING THE GIVEAWAY.
The giveaway and the Rules shall be governed exclusively by and construed in accordance with the laws in the State of Taxes, USA., without regard to conflicts of laws principles. Any dispute not otherwise determined in accordance with these Official Rules of the Giveaway shall be adjudicated in the courts sitting in State of Taxes, USA. (or any appeals court therefrom).
DISCLAIMER AS TO INSTAGRAM:
The giveaway is in no way sponsored, endorsed or administered by Instagram. Entrants are providing their information to Waco Surf and not to Instagram.