Dear Educator, See for complete rules and details. Sincerely, Your Friends at Kennywood

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1 Dear Educator, For the past 27 years, Kennywood s Education Days have offered a way to engage students and bring classroom lessons to life in the most fun atmosphere imaginable. This year, we re offering your students the opportunity to win a FREE fieldtrip to Kennywood for a memorable day of leaning and fun. Here s how it works: For nearly 90 years, the iconic Kennywood Arrow has been a guide for generations of Pittsburghers pointing the way to unforgettable fun, just as teachers guide students down the road of academic success. We re asking students, either as a class or groups within the class, to create a 60 second video showing us how the Kennywood Arrow can point their teacher to the benefits of Kennywood s Education Days and academic success for the students. The winning class will receive tickets to one of Kennywood s Education Days in May, a $175 transportation allowance and a special Kennywood Arrow to proudly display in the classroom. Video submissions must be post marked by March 31, We ll post the top 5 videos and the public will be able to vote and select the winner. The winner is announcing on April 15, See for complete rules and details. Sincerely, Your Friends at Kennywood Jackie Mitko Education Day Coordinator JMitko@Kennywood.com x1244 Lisa Bliss Director of School Sales LBliss@Kennywood.com x1233 Jeff Filicko Public Relations Manager JFilicko@Kennywood.com x1176

2 Kennywood Park Education Day Contest Applicant Information Teacher s Name: First Last Date: School Address: Street Address City State ZIP Code Phone: Cell: Number of Students in Class: Name/Type of Class: Please Note: Teachers may submit multiple videos for a single class if the students work on the project in small groups. Please submit all the materials with a single application form. Did you read the contest rules? (The contest rules can be found at ) Did you include signed releases with complete information for anyone appearing in the video? Did you include a clearly labeled DVD, flash drive, SD Card, etc containing the video? Would you like the DVD, flash drive, SD card, etc. returned to your attention at the above address? YES YES YES YES Mail entry to: Kennywood Education Day Contest 4800 Kennywood Blvd. West Mifflin, PA All entries must be postmarked by March 31, The top 5 videos will be posted on beginning on April 7, The public may vote for their favorite video beginning on April 7 and ending at 5pm on Friday, April 11, The winner will be announced on and on April 15,

3 KENNYWOOD EDUCATION DAY CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 1. Eligibility: Open to individual classrooms, or limited designated groups within a classroom, of accredited middle schools, Jr. high, and high schools located in the following states: Ohio, Maryland, Pennsylvania, and West Virginia. Those individuals participating in the Contest in any form or manner are deemed to be Contest Participants. Entrant classroom/group (each, an Entrant ) must have secured the necessary consent and/or approval from (as applicable) the governing school board, district, administration, committee or other authorized party to permit the classroom s entry into the Contest. Contest Participants whose immediate family members (parent, siblings, children and spouse, and persons residing in the same household whether related or not) are employees of Kennywood or Festival Fun Parks, LLC ( Sponsor ) and its parent and affiliated companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the Kennywood Education Day Contest (the Contest ), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called temporary employees, former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor, are not allowed to participate in the Contest. To be eligible to win, Entrants must enter and participate in the Contest in their sole capacity as independent Entrants, and not hire, engage, or otherwise utilize the services of any external media pre-production, production, or post production personnel or facilities, or other third parties. Void outside of OH, MD, PA, and WV. Void where prohibited by law. 2. Contest Period: The Contest begins on February 17, 2014 at 12:00 a.m. EST and ends on March 31, 2014 at 11:59.00 p.m. EDT, (the Contest Period ). Sponsor or Sponsor s designee shall be the sole determiner of all Contest-related time periods. 3. How to Enter: During the Contest Period, Entrants must do the following: (i) The Kennywood Arrow points the way to unforgettable fun and teachers point the way to academic success. In connection thereto and as further described below, Entrants must create an original video describing how the Kennywood Arrow can point their teacher to the benefits of Kennywood s Education Days and academic success for the students (a Submission ). Submissions must not exceed sixty (60) seconds in length. Submissions that exceed 60 seconds are null and void. Submissions must be provided to Sponsor in a playable DVD format or as a playable video/media file on a flash drive (thumb drive), CD, or data DVD. Sponsor is not responsible for Submissions that contain formatting or other errors, file corruption, or are otherwise unplayable.

4 (ii) Entrants must include Sponsor s completed entry forms and on-camera, photo release documents, and other documents that Sponsor may require (collectively, the Entry Documents ). The Entry Documents must be filled out completely including original signatures as applicable. Entrants may be asked to provide district and school/classroom (and group) names, teacher/student names, and basic contact information, including addresses, physical addresses, and telephone numbers. All Entrants and Contest Participants understand and agree that teachers and students personally identifiable information may be included in the Entry Documents, and, in the case of minor children, Entrant has received consent from the respective minors authorized parent or legal guardian to participate in the Contest, and, to disclose the aforementioned information to Sponsor. (iii) Mail the completed Entry Documents and Submission with correct postage to: Kennywood Education Day Contest 4800 Kennywood Blvd. West Mifflin, PA ATTN: Jeff Filicko ENTRIES MUST BE POSTMARKED BY MARCH 31, 2014 AND RECEIVED BY SPONSOR NO LATER APRIL 4, 2014 TO BE ELIGIBLE TO WIN. Late, incomplete, and/or postage due entries are null and void. Sponsor, its employees, and representatives are not responsible for late, lost, damaged, misdirected, postage due, stolen, or misappropriated entries, or improperly formatted/programmed, damaged, or otherwise non-playable DVDs, CDs, flash drives or the media files contained therein. Entries will not be acknowledged or returned. Sponsor, its employees, and representatives reserve the right to not review or otherwise screen an entry for any reason it deems valid in its sole discretion. All participating students, teachers, school personnel, and other individuals that are identifiable (voice/image/likeness) in a Submission must sign and return the release forms to Sponsor as directed above, with the signature of a parent or guardian included thereon in the case of all students under the age of 18. Incomplete entries are void. LIMIT: ONLY ONE ENTRY PERMITTED. For purposes of clarification, an Entrant (and each designated group within a classroom), may only submit one entry. 4. Submission Requirements: (i) It is understood that Sponsor may use the Submissions in its advertising, marketing, and promotional endeavors. However, Sponsor is under no obligation to broadcast, distribute, post online, or otherwise make use of any entry it receives. Each Submission must conform to the following requirements in order to be eligible to win: The total running time must not be longer than 60 seconds in length; 2

5 If in a playable DVD format, it must be properly programmed in NTSC, Region Code 1 (North America) format only. PAL or other Regional Code formatting is NOT accepted and is null and void. In addition, DVDs, CDs or flash drives that exhibit technical errors may be rendered null and void; Any individuals appearing in the Submission must not be members of SAG-AFTRA, or have appeared as a central character/participant in any so-called reality television program. Any inclusion of any of the foregoing renders the Submission null and void; The Submission must convey positive, family-oriented material. Any Submission that Sponsor, in its sole discretion, deems to be inappropriate, (including, but not limited to: Submissions containing content that infringes of any third party s intellectual rights or right of publicity, as further referenced below or that content that Sponsor deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules) shall be null and void and ineligible to win; The Submission may not contain music of any kind. (ii) Each Entrant and/or Contest Participants shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each Entrant and/or Contest Participant (or their parent/legal guardian if a minor) hereby grant Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, and distribute, all Submissions in any manner and for any purposes in connection to the Contest and in the Sponsor s advertising and marketing endeavors as further explained below. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Submissions in any manner and for any purpose, but is under no obligation to do so. Each Entrant and/or Contest Participant hereby represents and warrants that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting, distribution, or use of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, or any other rights of any person or entity. Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, posting, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein. Further, each Entrant together with its respective school district and school board, and Contest Participant (or their parent/legal guardian if a minor) hereby indemnifies, discharges, releases, and holds the Contest Entities (as defined below), harmless from any 3

6 action and/or liability, in any form or manner, arising from any infringement of any third party s rights, inclusive of attorneys fees and costs in connection to the Submission. If an Entrant does not agree to these terms, it should not enter the Contest. (iii) Regardless of whether a Submission is selected by the judges or the voters, each Entrant further represents and warrants that the Submission depicts the designated classroom teacher and that the individual depicted in the Submission has provided written consent granting the Entrant the irrevocable, perpetual, worldwide right to use, edit, alter, and submit the individual s name, identity, image, and likeness in connection to the Contest as described herein, and that no royalties, fees, or other compensation is due by Sponsor to any individual in any form or manner. 5. Production Restrictions: During the Contest Period, Entrants, on-camera participants (if any), and production personnel must all abide by the following production restrictions: All classroom, school, and district rules, including, but not limited to, safety and security, must be followed at all times; On-camera participants shall not wear clothing, accessories, (e.g. purses, sunglasses, hats, etc.), or jewelry that contain trademarks or other intellectual property rights that are clearly visible and distinguishable. For example purposes only, an on-camera participant should not wear a t-shirt, jersey, or hat of a professional sports team, a concert t-shirt, or wear Ray-Band sunglasses, etc. Any identifiable individuals appearing on-camera must sign a release form as provided in the Entry Documents. 6. Judging Criteria. The Submissions shall be judged by Kennywood employees and/or its designated representatives. Judging criteria is as follows: Originality: 60% Creative incorporation of the Kennywood Arrow : 40% Tie-breaker: In the event of a tie among the top 5 videos referenced below, each affected Entrant shall be required to provide an additional Submission that shall be based on the same judging criteria above. Sponsor, at its sole discretion, shall make the final decision to resolve the tie. THE JUDGES DECISIONS ARE FINAL AND BINDING. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST. 4

7 7. How To Win: Sponsor shall determine the top five (5) videos that shall be made available on or about April 7, 2014 for public online voting at the following URL: Following posting of the final 5 videos, online visitors may only vote for ONE video, per Entrant, per day, inclusive of any group Submissions. Public voting ends at 5:00 p.m. EDT on Friday, April 11, The Submission with the most votes shall be deemed the winner. The winner will be announced and notified on or about April 15, 2014 in a manner as solely determined by Sponsor. 8. Prize: One (1) winner shall receive a Kennywood Arrow Award and the opportunity to attend a free Kennywood Education Day on either of the following dates: Wednesday, May 14 or Tuesday, May 20, The prize includes reasonable bus transportation costs (but not bus transportation services), to/from Kennywood and the winning class s school, or an alternate address if applicable. Attendance is limited up to 50 individuals and the approximate retail value ( ARV ) varies with class size and bus transportation costs. Maximum ARV: $2,500. In the event the winner is unable to claim or otherwise utilize the prize, it may be awarded to the next eligible Entrant runner up in descending order of votes. To receive the prize, Entrant must be in compliance with these Official Rules as solely determined by the Sponsor. This includes fulfillment of all necessary documentation provided or requested by Sponsor. Odds of winning depend on the number of Submissions received and the Entrants skills in creating the Submissions. ALL FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prizes and their actual value will not be awarded. Winner agrees to accept prizes as is. Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, at its sole discretion) offer substitutions, a cash redemption or alternative to the prize awarded under this Contest. Sponsor reserves the right to substitute a prize of equal or greater value in the event the prizes are unavailable. The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize, including Kennywood s operating hours. 9. General Entry Rules: Any individual, Contest Participant, or Entrant who attempts or otherwise encourages, directly or indirectly, entry or voting under multiple identities, Submissions by or for a proxy individual, and/or uses multiple computers, multiple Internet Protocol addresses, so-called proxy servers, or any software program to manipulate or create multiple Submissions or votes, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries or votes, as 5

8 determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and votes and to take any and all measures it deems necessary to ensure a fair Contest. Mutilated, lost, illegible, corrupted, or incomplete entries or Submissions that do not conform to these Official Rules will be deemed ineligible, disqualified and void. Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Contest (collectively, the Contest Entities ), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late, incomplete, garbled, or mutilated entries; technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in winner notification or other Contest-related communications; (iii) or for any printing errors in these Official Rules. If a printing, electronic, or other error results in more prizes are being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. If for any reason the Contest cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Contest Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest and select the winner(s) from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES OR VOTES TO THE FULLEST EXTENT OF THE LAW. At Sponsor s sole discretion, Entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Contest in any way may be disqualified. ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST. 11. Release and Indemnification: By entering, Entrants and Contest Participants (or their parent/legal guardian if a minor) agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (i) Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies may use, edit, and alter their names, likenesses, images, photographs, voices, cities/states of residence, school and biographical information and the prize for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet, including, but not limited to, social media applications, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (ii) Entrants, and all Contest Participants (or their parent/legal guardian if a minor), acknowledge, understand, and agree that each of them assumes 6

9 liability for, and all risks of, any and all injuries (including without limitation, personal injury or death) or damages caused, or claimed to be caused, by participating in the Contest or any prizes thereof, and that Entrants, and, all Contest Participants heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Contest Entities and Facebook, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the Entrants or Contest Participants participation in the Contest and/or prizes. Entrants and Contest Participants hereby waive application of California Civil Code Section 1542 which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Entrants and each Contest Participants (or their parent/legal guardian if a minor) expressly waive the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Contest. Entrants, Contest Participants, and the winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest. An authorized representative of the winner may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion; and return the aforementioned materials to Sponsor or Sponsor s representatives or prize may be forfeited and awarded to an alternate. 12. Miscellaneous Conditions: Except to the extent pre-empted by federal or other applicable state law, the Contest shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Entrants understand and agree that all claims, disputes or controversies between entrant and the Contest Entities shall be resolved by final and binding arbitration in the County of Orange, State of California. By entering, Entrants voluntarily and knowingly waive any right they have to a jury trial. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act ( FAA ). The arbitrator shall be bound to apply and enforce the terms of the Official Rules and the arbitrator s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither 7

10 Entrant nor Sponsor shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class. 13. Digital Millennium Copyright Act: In the event the winning Submissions are posted on the Internet or distributed via social media, pursuant to the Digital Millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission provided by an Entrant infringes upon any third party copyright, please notify Sponsor by mail at Sponsors address below, attention Copyright Department, or by at copyright@palaceentertainment.com with the subject line stating Copyright. The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement: I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing. 14. Winner s List and Official Rules: You may request the names of the winner and Official Rules by sending a self-addressed, stamped envelope by June 30, 2014 to Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA Attn: Kennywood Education Day Contest. 15. Facebook: Sponsor may utilize Facebook in the promotion of the Contest; however, Facebook in no way sponsors, endorses, administrates, or is otherwise associated with, the Contest. 16. Sponsor: Festival Fun Parks, LLC, 4590 MacArthur Boulevard, Suite 400, Newport Beach, CA Copyright Notice: The Contest and all accompanying materials are copyright 2014 Festival Fun Parks, LLC. All rights are reserved. 8

11 MINOR RELEASE In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration herein acknowledged as received, upon the terms hereinafter stated, I hereby grant to Festival Fun Parks, LLC dba Kennywood Park ( Kennywood Park ), its legal representatives and assigns, those for whom Kennywood Park is acting, and those acting with their authority and permission, the absolute right and permission to copyright and use, re-use, publish photographic portraits or pictures of the minor or in which the minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor's own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter known, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith. I hereby waive any right that I or the minor may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied. I hereby release, discharge, and agree to save harmless Kennywood Park, its legal representatives or assigns, and all persons acting under their permission or authority or those for whom Kennywood Park is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. I hereby warrant that I am of full age and have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns. Minor's Name Parent/Guardian's Name Minor's Signature Parent/Guardian's Signature Minor's Address Parent/Guardian's Address Date Date

12 MODEL RELEASE FORM In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant to Festival Fun Parks, LLC, dba Kennywood Park ( Kennywood Park ), its heirs, legal representatives and assigns, those for whom Kennywood Park is acting, and those acting with its authority and permission, the irrevocable and unrestricted right and permission to copyright, in their own name or otherwise, and use, re-use, publish, and re-publish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at photo studios or elsewhere, and in any and all media now or hereafter known for illustration, promotion, art editorial, advertising, trade, or any other purpose whatsoever. I also consent to the use or any printed matter in conjunction therewith. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. I hereby release, discharge and agree to save harmless Kennywood Park, its heirs, legal representatives and assigns, and all persons acting under its permission or authority or those for whom Kennywood Park is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns. Printed Name Signature Date Witness