Kings Island Art Contest Rules

NO PURCHASE NECESSARY.   A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  The Contest is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. You may not participate in the Contest if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.

CONTEST DESCRIPTION: The Kings Island Art Contest: 50 Years of Memories (the "Contest") begins on or about Monday, April 4 at 10:00am ET and ends on Friday, May 13 at 11:59pm ET (the "Entry Period"). During the Entry Period, all artists must create original artwork. At the end of the Entry Period, a panel of judges will review all Submissions and select the winners. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.

AGREEMENT TO OFFICIAL RULES: By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Kings Island (the "Sponsor") and Sponsor's designated independent judges (the “Promotion Partners”), which shall be final and binding in all respects.

ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States who, at the time of entry, are 1) located in the U.S., 2) are eighteen (18) years of age or older. Sponsor, Facebook, Instagram and Promotion Partners and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and any other individual or company involved in the development or execution of the Contest and each of their respective officers, directors, agents and employees (collectively, the "Promotion Entities"), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize. Sponsor reserves the right to verify eligibility qualifications of the semi-finalists and/or the winners. No group entries. This Contest is void where prohibited.

HOW TO ENTER: To enter the Contest, visit https://www.visitkingsisland.com/events/50th-anniversary and read these Official Rules. Your Submission shall be sent by visiting https://www.visitkingsisland.com/events/50th-anniversary and completing the Submission form.

SUBMISSION REQUIREMENTS: Each Submission that is entered into the Contest must meet the following requirements:     

1. Submission must be 2-dimensional (examples: painting, pencil drawings, pastel, etc.).
2. Submission may NOT be photography or sculptures – photography and sculpture will NOT be accepted.
   1. Exception: An artwork collage comprised of no more than 20% of photo pieces.
3. Submission must be submitted in jpeg format and may not exceed 3MB.
4. Submission must be original work.  
5. Submission must be no larger than 3ft x 4ft in size.
6. Submission, if selected as a winner, must be:
   1. Delivered to Kings Island completely dry, and pastels (if any) must be sealed.
   2. Under 15 lbs. (excluding any shipping materials).
   3. Free of sharp edges.

Any Submission that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified: (a) the Submission must be the submitting entrant's original, previously unpublished work and not contain any third party copyrighted material, nor any obscene, defamatory or illegal material.

IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policies applicable to Facebook and Instagram, if Sponsor is duly notified that any element of an entrant's Submission infringes upon the rights of another person, such Submission may be removed and disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant's Submission has been or can be sufficiently cleared for legal purposes.

You may enter as many times as you wish, provided that each Submission is unique and satisfies the Submission Requirements. All Submissions must be received by the end of the Entry Period in order to participate. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Contest will be used in accordance with Sponsor's privacy policy located at https://www.visitkingsisland.com/legal/privacy-policy.

Any Submission must be made by the entrant, and only in accordance with the instructions above. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor in its sole discretion, to have been submitted in this manner, will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by entrant or by any technical or human error that may occur in the processing of the Submissions. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions.

WINNER SELECTION AND NOTIFICATION: At the end of the Entry Period, Sponsor will assemble a panel of qualified judges to judge all eligible Submissions entered. Sponsor will judge the Submissions based on the following criteria: (i) creativity of the artwork (25%), (ii) quality of the artwork (50%); and (iii) originality of the artwork (25%).  No later than May 20, 2022, Sponsor will contact the winners to confirm their eligibility and secure signed releases from them with respect to their Submissions. Beginning on or about Saturday, May 28, 2022, Sponsor may display the verified winners Submissions at Kings Island for public viewing. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. Time is of the essence in verifying the winner and awarding the prize. If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the prize notification is returned as undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.

In the event of a dispute as to the owner of any Submission, the authorized account holder of the email address used in the Submission process will be deemed to be the owner of a Submission. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant may be required to show proof of being the authorized account holder.

ASSIGNMENT OF RIGHTS TO SUBMISSION: Without limiting the generality of these Submission Rules, by uploading your Submission, you irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including without limitation, the rights to use the Submission for any and all purposes, including but not limited to the right to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes (including posting on https://www.visitkingsisland.com/ or any of Sponsor’s affiliates’ websites, social pages, apps, in-park monitors and attractions and in any emails or newsletters prepared or generated by Sponsor or any of its affiliates. If requested, you agree to sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights that you grant Sponsor in your Submission.   Notwithstanding the foregoing, You accept and acknowledge that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission.  Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

PUBLICITY RIGHTS:  Acceptance of a prize constitutes winner's permission for the Sponsor to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.

REPRESENTATIONS AND WARRANTIES: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.

PRIZE & APPROXIMATE RETAIL VALUE: The following prizes (each a “Prize”) are available.

• One (1) First Place Winner (total approximate retail value = $1,500)
  • $1,000 cash prize
  • Display of artwork in the park from Memorial Day through June 30th. Place of display to be determined by park management.
  • 5 complimentary copies of any retail limited-edition poster produced from the winning artwork.
• One (1) Second Place Winner (total approximate retail value = $800)
  • $500 cash prize
  • Display of artwork in the park from Memorial Day through June 30th. Place of display to be determined by park management.
  • 3 complimentary copies of any retail limited-edition poster produced from the winning artwork.
• One (1) Third Place Winner (total approximate retail value = $500)
  • $300 cash prize
  • Display of artwork in the park from Memorial Day through June 30th. Place of display to be determined by park management.
  • 2 complimentary copies of any retail limited-edition poster produced from the winning artwork.
• Four (4) Honorable Mentions (total approximate retail value = $340)
  • Each winner receives four (4) daily admission to Kings Island.
  • Display of artwork in the park from Memorial Day through June 30th. Place of display to be determined by park management.
• Additional Selections (quantity undetermined)
  • No cash prize or other award.
  • Each selected Submission, if any, may be chosen for display in art show. Display of artwork in the park from Memorial Day through June 30th. Place of display to be determined by park management.

The winner is responsible for transportation to and from Kings Island and any and all other costs and expenses associated with the use of the Prize.

GENERAL PRIZE CONDITIONS:  Prizes will be awarded only if the applicable potential winner fully complies with these Official Rules. The Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. A potential winner will be required to execute an Affidavit of Eligibility, a Form W-9 concerning the Prize and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all relevant Prize Claim Documents within three (3) days of prize notification, the winner may be disqualified and an alternate winner may be selected.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities: (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant's, or any other person's, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, and the Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman/unsportswoman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from selecting a winner, awarding prizes or continuing with the Contest as contemplated herein by any event beyond its reasonable control, including but not limited to fire, storm, flood, earthquake, explosion, accidents, public disorders, civil unrest, disease outbreak, sabotage, acts of terrorism, acts of war (declared or undeclared), labor shortages riots or acts of God or public enemy, satellite or equipment failure, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION:  ENTRANT AGREES THAT: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO, OR THE APPROPRIATE OHIO STATE COURT; AND (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL 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 OHIO, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF OHIO OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF OHIO.

ACKNOWLEDGEMENT/INDEMNIFICATION: Each entrant hereby acknowledges that the promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

Each entrant hereby agrees to indemnify and hold the Promotion Entities and their respective related companies, parents, subsidiaries, affiliates and their respective officers, directors, employees and agents (collectively, the "Released Parties") harmless from and against any and all claims, actions or proceedings of any kind arising from your participation in this Contest and hereby waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

WINNER'S LIST/OFFICIAL RULES: These Official Rules will be posted at https://www.visitkingsisland.com/events/50th-anniversary during the Entry Period. For the names of the winners, available after Thursday, June 30, 2022, send a separate, self-addressed, stamped envelope to: 6300 Kings Island Dr., Attn: Art Contest, Kings Island, OH 45034.