Rapids Water Park Rob Thomas Sweepstakes
Official Rules

August 31, 2009 – September 8, 2009

PRELIMINARY INFORMATION:  No purchase necessary.  A purchase will not improve your chances of winning. Void outside the state of Florida and where prohibited.  The Rapids Water Park Rob Thomas Sweepstakes (the “Sweepstakes”) begins on Monday, August 31, 2009 at 10 A.M. ET and ends on Tuesday, September 8, 2009 at 5 P.M. ET (“Sweepstakes Period”).  All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received.  Sweepstakes is subject to all applicable federal, state and local laws.

TO ENTER:  There are two (2) ways to enter the Sweepstakes.
To enter in person:  During the Sweepstakes Period, visit Rapids Water Park, located at 6566 N. Military Trail, Riviera Beach, FL 33407, and look for the Rapids Water Park Rob Thomas Sweepstakes display located at the front entrance at the ticket booth before the park’s entry gate.  Then complete the entry form, which includes your name, address, telephone number, email address, and date of birth and thereafter submit it into the specially marked Sweepstakes entry box (“In-Person Entry”). Rapids Water Park is open to the public Monday through Sunday (weather permitting) from 10:00 A.M. ET to 5:00 P.M. ET.  Rapids Water Park will be open on Labor Day, Monday, September 7, from 10:00 A.M. ET to 6:00 P.M. ET (weather permitting).

To enter by mail: During the Sweepstakes Period, mail a postcard including your name, address, telephone number, email address, and date of birth to:Rapids Water Park, 6566 N. Military Trail, Riviera Beach, FL 33407, Attn:  Rob Thomas Sweepstakes (“Mail Entry”).

All In-Person Entries and Mail Entries become the property of Rapids Water Park, 6566 N. Military Trail, Riviera Beach, FL 33407 (“Sponsor”), and will not be acknowledged or returned.    In-Person Entries must be received before Monday, September 8, 2009 at 4:59 P.M. ET to be eligible for theSweepstakes. All Mail Entries must be mailed separately, postmarked bySeptember 8, 2009 and received by September 12, 2009. The postmark date on Mail Entries will be considered the entry date. You may enter as often as you like during the Sweepstakes Period.  Entries generated by a script, macro, or other automated means will be disqualified.  Entries that are incomplete, garbled, or unintelligible for any reason are void and will not be accepted.  Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification or permission.

ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the the state of Florida, and who are twenty-one (21) years of age or older as of the start of the Sweepstakes Period.  Officers, directors, and employees of Sweepstakes Entities (as described below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes.  Sweepstakes Entities, as referenced herein, shall include Sponsor, Seminole Hard Rock Hotel & Casino, 1 Seminole Way, Hollywood, FL 33314, WTVJ NBC 6, 15000 SW 27th Street, Miramar, FL 33027, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and their respective parent, subsidiary, and affiliate companies, their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of theSweepstakes. 

PRIVACY: All In-Person Entrants will have the opportunity to receive information from Rapids Water Park and select partners by checking the appropriate box.  If, at any time, you no longer wish to receive materials from Rapids Water Park or our partners, please go to our privacy policy, located at www.rapidswaterpark.com/html/terms_of_use.html#privacy_policy, or the applicable partner’s privacy policy and follow the procedures indicated.

WINNER SELECTION AND NOTIFICATION: On or about September 14, 2009, one (1) potential winner will be selected in a random drawing by representatives of Sponsor from all eligible entries received during the Sweepstakes Period.  Sponsor will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of entry.  Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification.  Noncompliance within this time period will result in disqualification, and an alternate potential winner may be selected from the remaining eligible entries at Sponsor’s sole discretion.  If winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential winner may be selected from the remaining eligible entries.

PRIZE:  There will be one (1) prize awarded (“Prize”), consisting of the following:
two (2) tickets for winner (“Winner”) and one (1) guest (“Guest”) to the Rob Thomas concert scheduled to take place on September 23, 2009 at Seminole Hard Rock Live! (“Performance”); and standard hotel accommodations for one (1) night (single room/double occupancy) for Winner and Guest at the Seminole Hard Rock Hotel and Casino, 1 Seminole Way, Hollywood, FL 33314.  Hotel accommodations are for the night of September 23, 2009 (the same night as the concert).  Estimated Retail value (“ERV”) of Prize is four hundred thirty-three dollars ($433).  All Prize elements subject to space and availability. Details of Prize will be determined by Sponsor in its sole discretion.  Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value in their sole discretion.  Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, transportation to/from Performance and Hotel, meals, gratuities, and souvenirs.  Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner.  If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner(s) may be selected from the remaining eligible entries at Sponsor’s sole discretion.    If a Prize element is not available for any reason, the remaining elements of Prize will be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner, and no additional compensation will be awarded. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person producing the Performance, and are not responsible or liable for any expenses incurred as a consequence thereof. Dates and/or times of Performance are subject to change. Performance is subject to cancellation.  If Winner chooses to attend the Performance with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded.  Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited. Guest must be twenty-one (21) years of age or older.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless SweepstakesEntities and their respective officers, directors, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in theSweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from theSweepstakes  and to hereby acknowledge 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, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.rapidswaterpark.com and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in theSweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.  Failure to comply with these conditions may result in disqualification from theSweepstakes at Sponsor’s sole discretion.

ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.  Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.  Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.  Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules) at Sponsor’s sole discretion.  In the event of cancellation, modification, or suspension, Sponsor reserves the right, at their sole discretion, to select Winner in a random drawing from among all valid, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.  Notice of such cancellation, modification, or suspension will be posted at www.rapidswaterpark.com.  Sponsor may prohibit any entrant or potential entrant from participating in theSweepstakesif such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).

DISPUTES:  The SWEEPSTAKES is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york.  All proceedings brought pursuant to this paragraph will be conducted in the County of new york.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the name of the Winner, available after September 17, 2009 visit www.rapidswaterpark.com or send a self-addressed, stamped envelope to be received by October 15, 2009 to: Rapids Water Park, 6566 N. Military Trail, Riviera Beach, FL 33407 (Attention: Marketing Department).