LEGAL INFORMATION
DIGGERLAND USA POLICY INFOLEGAL INFORMATION
Please read through the Diggerland USA legal information carefully. Below you will find detailed information regarding park terms & conditions, park rules & regulations, ride rules and regulations, New Jersey law, service animal policy, website and app terms of use, patent information and sweepstakes or giveaway policies.
If you have questions on our policies or other matters, please email us at info@diggerlandusa.com.
GIVEAWAYS OR DRAWINGS: OFFICIAL RULES
Giveaway or Drawing; Entry. Additional giveaway, drawing or entry rules are stated on the Sponsor's giveaway, drawing or entry page or post. Entries must be submitted only through the applicable website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok page, LinkedIn page, X (formerly known as Twitter) account or other platform as described on the Sponsor's giveaway, drawing or entry page or post. Reference to a platform includes all websites and all internet-based or other electronic, digital or other means of communication, publication or disclosure in or to a public domain. Except for the Sponsor's website (diggerlandusa.com) the Sponsor, and this giveaway or drawing, are in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, Pinterest, YouTube, TikTok, LinkedIn, X, or any other platform described on the Sponsor's giveaway, drawing or entry page or post.
Eligibility. To be eligible for this giveaway or drawing, entries must be received during the entry period and provide all information required or requested by the applicable rules. Entries received before or after the entry period or that omit required or requested information or are otherwise incomplete are ineligible and are void. One entry per person except as otherwise expressly provided by the applicable rules.
This giveaway or drawing is open to all legal residents of the United States and its territories, except all: (a) individuals under the age of 18; (b) residents of any state or territory in which this giveaway or drawing is prohibited, taxed, or restricted by law or for which registration, bonding or other regulatory activities are required by law; and (c) employees, directors, officers, agents, contractors of the Sponsor, or any of its affiliates and subsidiaries, and their immediate families and household members. The Sponsor is Diggerland USA. 100 Pinedge Drive, West Berlin, NJ 08091. The Sponsor's website is diggerlandusa.com. Send any communications regarding this giveaway or drawing to publicrelations@diggerlandusa.com. The Sponsor reserves the right to, in its sole discretion, to determine the eligibility of any entry, application, submission other giveaway or drawing matter, including, without limitation, whether it is complete and compliant with all applicable laws and giveaway, drawing or entry rules, and to disqualify or reject any entry, application, submission other giveaway or drawing matter, including, without limitation, any photo, picture, likeness, image, video, recording, voice, sound and other content and information provided by or with any entry, application, submission other giveaway or drawing matter, deemed deficient, incomplete, noncompliant, inappropriate, submitted in bad faith or of insufficient quality.
If giveaway or drawing rules stated on the Sponsor's giveaway, drawing or entry page or post permit an entry for or on behalf of a minor, or by which a minor may be selected as a winner or receive a prize, this means that only a parent or legal guardian of the minor may submit such an entry and is deemed to have submitted the entry (even though the minor may be selected as a winner or receive a prize). By submitting an entry for or on behalf of a minor, or by which a minor may be selected as a winner or receive a prize, the person submitting the entry, for itself, the minor, and anyone and everyone who is or may be responsible for the minor or who claims or may claim any rights, privileges or responsibilities with respect to the minor: (i) represents and warrants that s/he is the parent or legal guardian of the minor; (ii) represents and warrants that s/he has full authority and capacity to submit the entry on behalf of the minor; (iii) acknowledges, understands and agrees to be bound to all applicable giveaway or drawing rules; (iv) acknowledges, understands and agrees that s/he has authorized Sponsor to use the minor’s name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and other content and information provided by or with the entry, or created or generated in or about the Sponsor's premises in connection with any giveaway, drawing, selection as a winner or receipt of a prize, in any manner, including, without limitation, within associated or derivative works or items, that the Sponsor may deem appropriate for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials without any attribution, payment, compensation or other consideration, including without limitation, posting on the Sponsor's website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok, LinkedIn page, X account, or other platform; and (iv) releases, and shall indemnify, defend and hold harmless, the Sponsor, its employees, directors, officers, agents, contractors, affiliates and subsidiaries, from all claims, actions, liabilities and damages with respect to the entry on behalf of the minor, the minor's selection as a winner or receipt of a prize, or the aforesaid use by the Sponsor of the minor's name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and other content and information provided by or with the entry. The Sponsor reserves the right to, in its sole discretion, determine the entrance eligibility of or disqualify any entry for or on behalf of a minor, or by which a minor may be selected as a winner or receive a prize, or to refuse to award a prize to or on behalf of any minor.
Each entrant, participant or winner, by entry, participation, selection as a winner, or receipt of a prize, and each person who submits an entry for or on behalf of a minor, or by which a minor may be selected as a winner or receive a prize, for itself, the minor, and anyone and everyone who is or may be responsible for the minor or who claims or may claim any rights, privileges or responsibilities with respect to the minor, (I) acknowledges, understands and agrees that the Sponsor, and this giveaway or drawing, are in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, Pinterest, YouTube, TikTok, LinkedIn, X, or any other platform described on the Sponsor's giveaway, drawing or entry page or post, and (II) releases, and shall indemnify, defend and hold harmless, all claims, actions, liabilities and damages with respect to any such entry, participation, selection as a winner, or receipt of a prize, including an entry for or on behalf of a minor, or by which a minor may be selected as a winner or receive a prize, all of the following entities and platforms: Facebook, Instagram, Pinterest, YouTube, TikTok, LinkedIn, X, or any other platform described on the Sponsor's giveaway, drawing or entry page or post, and their respective parent, subsidiary and affiliated entities.
THIS GIVEAWAY OR DRAWING IS VOID WHERE PROHIBITED, TAXED, OR RESTRICTED BY LAW OR WHERE REGISTRATION, BONDING OR OTHER REGULATORY ACTIVITIES ARE REQUIRED BY LAW.
No Purchase or Payment Necessary. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IN ORDER TO ENTER OR WIN THIS GIVEAWAY OR DRAWING. Your purchase of a product or service from the Sponsor or from a prize manufacturer will not increase your chances of winning a prize.
Prizes; Approximate Retail Value. Winner(s) receive prize(s) as described on the Sponsor's giveaway, drawing or entry page or post. Prize components are not exchangeable, transferable or redeemable for cash. In the event of unavailability of stated prize(s) or component(s), the Sponsor reserves the right to, in its sole discretion, substitute item(s) of comparable value determined by the Sponsor in its sole discretion. Prize approximate retail value is determined by the Sponsor in its sole discretion and is provided by the Sponsor at the time of prize redemption. The Sponsor may provide prize approximate retail value on the Sponsor's website or on the Sponsor's giveaway, drawing or entry page or post. ALL PRIZES ARE PROVIDED “AS IS” AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Selection and Notification of Winner(s). Winner(s) will be selected after the entry period has expired from among all eligible entries received. Winner(s) will be selected by random drawing except as otherwise provided by the rules set forth on the Sponsor's giveaway, drawing or entry page or post. The odds of winning each prize depend on the number of eligible entries received. Winner(s) will be notified by direct message, or by email, or by phone, as determined by the Sponsor. A winner who cannot be notified, fails to respond to the prize notification within forty-eight (48) hours, is ineligible, or fails to comply with all redemption requirements, including the timely return or delivery of all documents and forms required under Paragraph 6 of these rules, is disqualified and forfeits all prizes. The Sponsor reserves the right to, in its sole discretion, determine the entrance eligibility of any entrant, participant or winner. If there is a dispute regarding the identity of an entrant, the entry will be deemed submitted by the person in whose name the submitting account is registered. The Sponsor may, in its sole discretion, replace a disqualified winner by selecting an alternate winner. For a short period of time as determined by the Sponsor, you may obtain the name(s) of winner(s) at the Sponsor's website.
Redemption Requirements. Each winner grants permission to have his or her account name, user name, name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with the entry, or created or generated in or about the Sponsor's premises in connection with any giveaway, drawing, selection as a winner or receipt of a prize, in any manner, including, without limitation, within associated or derivative works or items, that the Sponsor may deem appropriate for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials without any attribution, payment, compensation or other consideration, including without limitation, posting on the Sponsor's website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok, LinkedIn page, X account, or other platform. When required by the Sponsor a winner must sign and return a Photo/Video/Media Authorization/Release and/or Affidavit of Eligibility and Liability/Publicity Release in the form required by the Sponsor as a condition of and prior to receiving the prize, except where restricted or prohibited by law. Each winner acknowledges that the Internal Revenue Service (“IRS”) requires IRS Form 1099-MISC to be issued and filed with the IRS for each recipient of a prize who is a resident of the United States or a United States taxpayer if the value of that prize is at least $600. When required by the Sponsor, a winner must provide a completed, signed IRS Form W-9, with their name, complete mailing address and social security number (SSN) or individual taxpayer identification number (ITIN), for tax reporting purposes, a condition of and prior to receiving the prize. Each winner is responsible for all tax liabilities arising from the receipt of a prize. A winner will be disqualified for any failure or refusal to comply with any or all of the requirements of these rules.
With respect to the foregoing requirements, when the winner is a minor, the parent or legal guardian who submitted the winning entry, for itself, the minor, and anyone and everyone who is or may be responsible for the minor or who claims or may claim any rights, privileges or responsibilities with respect to the minor, (a) authorizes the Sponsor to use the minor's name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with the entry, or created or generated in or about the Sponsor's premises in connection with any giveaway, drawing, selection as a winner or receipt of a prize, in any manner, including, without limitation, within associated or derivative works or items, that the Sponsor may deem appropriate for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials without any attribution, payment, compensation or other consideration, including without limitation, posting on the Sponsor's website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok, LinkedIn page, X account, or other platform; and (b) releases, and shall indemnify, defend and hold harmless, the Sponsor, its employees, directors, officers, agents, contractors, affiliates and subsidiaries, from all claims, actions, liabilities and damages with respect to the entry on behalf of the minor, the minor's selection as a winner or receipt of a prize, or the aforesaid use by the Sponsor of the minor's name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with the entry.
Interpretation. The Sponsor is the sole interpreter of these rules and has full and sole discretion regarding interpretations of these rules and decisions made based on these rules and the Sponsor's interpretations of these rules. By entering or participating, or by attempting to do so, you agree to be bound by these rules and the Sponsor's interpretations of these rules and that the interpretations and decisions of the Sponsor are final and binding and not subject to any form of appeal. In its sole discretion, the Sponsor may cancel, terminate, modify, or suspend all or part of this giveaway or drawing should any virus, bug, non-authorized intervention or other cause beyond the Sponsor's control corrupt or affect the administration, security, fairness or proper play of this giveaway or drawing. In such cases, and in its sole discretion, the Sponsor may select the winner(s) from entries received by electronic transmission prior to the corruption or other event by random drawing or as otherwise provided by the rules set forth on the Sponsor's giveaway, drawing or entry page or post. The Sponsor may disqualify any individual the Sponsor reasonably believes in its discretion to have tampered with the entry process or with the operation of this giveaway or drawing, or who is found to be acting in violation of these rules. This giveaway or drawing is governed by and subject to all federal, state and local laws and regulations. All claims must be resolved in the state and county of the Sponsor's primary place of business.
No Liability. The Sponsor has no responsibility and disclaims all liability for lost, delayed, early, late, incomplete or misdirected entries, indecipherable entries, automated entries, computer-aided or computer-generated script entries, and any submissions or number of submissions prohibited by the rules set forth on the giveaway, drawing or entry page or post, all of which are void and ineligible and will be disregarded; all typographical errors; network connection problems, system errors, computer errors or failures, data corruption or other malfunctions, whether caused by equipment or programming associated with or utilized in this giveaway or drawing, or by error, human or otherwise, which may limit or otherwise impact an entrant's ability to participate in this giveaway or drawing. In no event shall the Sponsor be liable for any incidental, special, indirect, consequential, reliance, punitive or other exemplary damages, including, without limitation, any loss of profits, data or interest, any penalties or assessments imposed under applicable laws or otherwise, or for any attorney or litigation fees, costs or expenses.
Entries Become Property of the Sponsor. By your entry, you acknowledge, understand and agree that you are providing your entry and information (including account name, user name, name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with your entry) to the Sponsor and that all entries become the property of the Sponsor. With respect to your entry you: (I) grant the Sponsor a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) license and all other rights reasonably necessary to: (a) post, share, display, distribute, disseminate, transmit, load, publish, broadcast, exploit, copy, reproduce, create derivative works, modify, alter, frame, store, archive, transfer, sell, license, or otherwise use or make available for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials (e.g., brochures, coupons, newsletters, billboards and banners), by media or means now known or later developed; (b) exercise all copyright, trademark, service mark or other intellectual property or proprietary rights in connection therewith or the permitted use thereof; (c) use your account name, user name, name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with the entry, or created or generated in or about the Sponsor's premises in connection with any giveaway, drawing, selection as a winner or receipt of a prize, in any manner, including, without limitation, within associated or derivative works or items, that the Sponsor may deem appropriate for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials without any attribution, payment, compensation or other consideration, including without limitation, posting on the Sponsor's website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok, LinkedIn page, X account, or other platform; (d) with respect to any minor for whom you submitted an entry, authorized Sponsor to use the minor’s name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with the entry, or created or generated in or about the Sponsor's premises in connection with any giveaway, drawing, selection as a winner or receipt of a prize, in any manner, including, without limitation, within associated or derivative works or items, that the Sponsor may deem appropriate for commercial marketing, advertising and/or promotional purposes including, without limitation, in or for social media, website, digital, electronic, print and other media and materials without any attribution, payment, compensation or other consideration, including without limitation, posting on the Sponsor's website page, Facebook page, Instagram account, Pinterest board, YouTube channel, TikTok, LinkedIn page, X account, or other platform; (e) do any and all of the foregoing without submission of anything to you or any other person for review, approval or consent; (f) waive and release all rights in or to your entry to the extent that they conflict or may conflict with any license, other right or consent granted hereunder; and (g) agree to and do all of the foregoing without any attribution, payment, compensation or other consideration to you or any other person; and (II) agree, acknowledge, represent and warrant that you: (a) have attained 18 years of age, you are not a minor, and you have full legal capacity, right and authority to acknowledge, agree to, accept and enter into these terms and to grant the license, other rights and consent granted hereunder; (b) have created or generated your entry inclusive of all content therein as your original work of authorship under applicable copyright and other law; (c) own, individually and exclusively, all rights necessary to grant the license, other rights and consent granted hereunder, including with respect to any content of, owned or licensed by or provided by any third party, and you have obtained express, written permission from all owners, licensees or other rights holders thereof necessary for you to do so; (d) have obtained (and will provide upon request) express, written permission from every identifiable individual, or if any such identifiable individual is a minor, otherwise lacks legal capacity or is deceased, from such individual's parent, legal guardian, representative or estate, as applicable, to the use of such individual's account name, user name, name, biographical information, photo, picture, likeness, image, video, recording, voice, sound and content and information provided by or with your entry; (e) have not violated or infringed upon any copyright, trademark, service mark or other intellectual property or proprietary rights and neither your entry nor any use thereof as permitted or contemplated hereunder violates or infringes upon any copyright, trademark, service mark or other intellectual property or proprietary rights; (f) have agreed that you are not receiving and are not entitled to any payment, compensation or other consideration, or that you have received good and valuable consideration, in exchange for the license, other rights and consent granted hereunder; (g) have complied and will comply in all respects with all applicable laws; (h) will not post, share, display, distribute, disseminate, transmit, publish, broadcast, exploit or otherwise use or make available by any means anything considered defamatory, invasive of any rights, discriminatory, threatening, harassing, hateful, obscene, pornographic, abusive, indecent or offensive or otherwise unlawful or that may exploit or harm any minors or confidential or subject to any rights or obligations of confidentiality, non-disclosure, or non-use; (i) are solely responsible for compliance with all applicable personal data protection and privacy laws; (j) are solely responsible for any code, program, file or feature that contains any virus, worm, Trojan horse, malware, spyware, rootkit, bot, bug, or other aspect that may harm, impair or be malicious or detrimental to any other computer, system, server or network; and (k) assume all risk arising from or attributable to any breach or non-compliance with your agreement, acknowledgements, representations and warranties hereunder. You also agree that the terms of this paragraph shall survive in perpetuity.
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Drive, ride and operate real machinery at the ONLY construction theme & water park in the U.S. Located in West Berlin, NJ.