TERMS & CONDITIONS
Please carefully read these Terms and Conditions. These Terms and Conditions contain terms, provisions, covenants, conditions, restrictions, disclaimers and limitations of liability to which you are subject when you purchase or use a ticket or season pass or are admitted to or enter or use the park. Each time you purchase or use a ticket or season pass or are admitted to or enter or use the park you thereby acknowledge and agree that you have read, understood, accepted and agreed to be bound by these Terms and Conditions. There are inherent and other risks associated with the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park. Each guest accepts the inherent and other risks associated with the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park, as well all other risks, all risks of which an ordinary prudent person is or should be aware and all risks of which the guest is warned pursuant to these Terms and Conditions, other park rules and regulations, other posted warnings, directions and instructions and attraction operator warnings, directions and instructions. In furtherance and not in limitation of the foregoing, each guest acknowledges and agrees to have read, understood and accepted, and to be bound by, the following statements: Source: N.J.A.C. 5:14A-9.34. ALL SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES. All admissions, tickets and season passes are subject to these Terms and Conditions. Any person who uses a ticket or season pass, regardless of whether that person was the purchaser, is subject to these Terms and Conditions. No refund, credit or exchange will be issued because or of based on a failure to read these Terms and Conditions. All sales of admissions, ticketing and season passes to the park, including for special events or private or special parties, are final. There are no refunds, credits or exchanges. Each time you purchase or use a ticket or season pass or are admitted to or enter or use the park you acknowledge, confirm and agree that services have been rendered. Rides and attractions have height requirements/restrictions and/or weight restrictions, which should be reviewed in advance at: https://diggerlandusa.com/attractions/ AND Ride Restrictions (See Tab Above) Some rides allow for lap riding, provided that the riders meet these requirements and the seat belt fits securely around both riders. A lap rider is only allowed with a parent or legal guardian. A rider or climber must be able to properly use all belts, harnesses, straps, grips and other safety equipment required or provided. A rider or climber must also obey and abide by all written, posted and stated warnings, directions and instructions. A ride/attraction’s height requirements/restrictions and/or weight restrictions are posted at its queue line/entry area. The Water Main slides and other attractions are subject to height requirements/restrictions and/or weight restrictions. The Water Main pools and attractions may only be used in accordance with posted signage and all warnings and instructions given by slide attendants, lifeguards or other safety personnel. No refund, credit or exchange will be issued because or of based on a failure to read and review all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website. (References herein to park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions include park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions incorporated herein by reference (including by reference to or use of an internal link within this website) and made a part hereof.) Before you purchase or use a ticket or season pass, it is important and necessary for you to read and review all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website to determine whether you, or anyone for whom you are purchasing a ticket or season pass, may be ineligible to use specific rides or attractions. When you purchase or use a ticket or season pass, you are deemed to have read and reviewed all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website to determine whether you, or anyone for whom you are purchasing a ticket or season pass, may be ineligible to use specific rides or attractions. References herein to park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions include park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions incorporated herein by reference (including by reference to or use of an internal link within this website) and made a part hereof. The following park rules and regulations are incorporated herein by reference and made a part hereof: A violation of any park rule or regulation is cause for ejection without refund, credit or exchange. Guests that do not follow written, posted and stated warnings, directions and instructions may be asked to leave the park and may lose their right to future entry. We may deny admission, or require a guest to leave, without refund, credit or exchange, for failure to comply with any rules or regulations, for unsafe, illegal or offensive behavior, to ensure safety, security or order, or if in our discretion we deem it reasonable or necessary for the safe, secure, clean or family-friendly operation of the park and overall enjoyment of the park by its guests. New Jersey law permits the park owner/operator to prevent a rider who is perceptibly or apparently under the influence of drugs or alcohol from riding on an amusement ride. Source: N.J.S. 5:3-56. New Jersey law permits the park owner/operator to refuse admission to the park or any attraction by any patron or other member of the public: (a) whose bearing or conduct might endanger himself/herself or any other patron or other member of the public; (b) whose health or physical condition makes use thereof by him/her unsafe for him/her; or (c) who cannot meet a companion or height or weight restriction for any attraction subject to such a restriction. Source: N.J.A.C. 5:14A-9.33(a), (b), (c). All guests are expected to behave in a family-friendly manner. All park rules and regulations extend and apply to all areas for vehicular, parking or pedestrian use, traffic, passage, access ingress and egress. Vehicles must park in designated parking spaces. Buses, other commercial or oversized vehicles and RVs may only park where permitted. Blocking other vehicles is prohibited. Blocking drive/fire lanes is prohibited. Idling is prohibited by state law. Violators may be fined. You must reimburse us for any fine we incur due to any violation by you, anyone in your group/party, or any bus driver or other driver for your group/party. Park personnel may inspect all bags, carrying containers and cases. Outside food and beverages are not allowed into the park except for one clear, unopened bottle of water per guest. Other exceptions are made on a case-by-case basis for baby food, food allergies and medical purposes. Baby food in its original container and baby formula in its original container or in a typical baby bottle may be brought in. Please present these items for inspection at the admission booth / security check. Individuals with food allergies may bring in for themselves a small meal or snack (of products not sold in the park). Please ask for a park manager at the admission booth / security check. Individuals with medical, dietary or nutritional requirements may bring in for themselves their necessary food and beverage products (of products not sold in the park). Please ask for a park manager at the admission booth / security check. Please contact Guest Services in advance of arrival with questions about whether you may bring in any medically-necessary or other special dietary food or beverage. In all cases: For the health and safety of our visitors and staff, smoking, tobacco products, electric cigarettes and similar products or devices are not permitted anywhere in the park. No illegal substances are permitted anywhere in the park. We are not responsible for and we do not assume any liability for any loss or theft of or damage to any property or belongings of any guest. We do not assume any liability for anyone’s contraction of COVID-19. Exposure to COVID-19 is an inherent risk in any public location. We cannot and do not guarantee that you will not be exposed to COVID-19 during your visit. You enter our premises at your own risk, and you assume all risk, of exposure to COVID-19. Children under age 13 must be accompanied by a parent, legal guardian, or group leader. Park admission requires either a valid ticket or season pass. For season passes, depending on the features, benefits, privileges, restrictions, price, season pass term and other terms and conditions of the applicable season pass offering, a season pass is valid for park admission on normal operating days during either the calendar year in which it is purchased or during both the calendar year in which it was purchased plus the subsequent calendar year. For season passes with a specific term of 365 days, that 365-day period starts with activation (typically the first date of use) and ends 365 calendar days thereafter. Individual season passes are only valid for use by the individual to whom it is issued. Individual season passes are not transferable, interchangeable, or refundable, in full or in part, for any reason. Any season pass used fraudulently may be revoked without refund, credit or exchange. For example, attempting or permitting use of a season pass by a person other than the individual to whom it is issued constitutes a fraudulent use of that season pass and may result in the revocation of that season pass without refund, credit or exchange. To receive a wristband for admission, season pass holders give their name to the admissions booth or desk, which confirms identification to the season pass holder file photo. Photo identification confirmation to our satisfaction is required. We accept most of the common forms of photo identification such as a driver’s license or passport. Photos must be clear. Further identification may be required. Photo identification confirmation is required for adults (18 years of age or older). At the time of their first visit, season pass holders give the admissions booth or desk their name, home address, date of birth, email address and phone number, and have their photo taken for the season pass holder file photo. By providing us with your email address, you consent to our contacting you by email about our products and services, special offers, new rides, events, etc., and for feedback and surveys. A season pass permits park entry during normal operating days and hours but not for or during special events or private or special parties, for which a separate admission fee is charged, or which are not open to the public generally. A season pass does not include the use of any rides, attractions, activities or facilities for which a separate fee or cost is charged, for example, the Soaring Eagle, seasonal and other in-park activities for which a fee is charged, stroller rental, equipment rental, arcade, games, food and beverage, merchandise, special events and private or special parties. The features, benefits, privileges, restrictions, price, season pass term and other terms and conditions of season passes offered to or purchased by you or currently being offered may differ from those of other season passes previously offered or sold or later offered or sold. Some season passes may have features, benefits, privileges, restrictions, term and other terms and conditions which are no longer offered, are not currently being offered and are not part of any currently-available or later offering. Any programs, events, specials, discounts, sales, admission terms or other offers being offered or running, or announced to be offered or to be run at a future time, may be modified, suspended or cancelled at any time with or without notice. At peak times (e.g., during holidays, weekends, school breaks, summer, and times that overlap with large or a number of parties or special or private events) as well as during other times the number of guests in the park can approach or reach maximum capacity. The park generally operates on a first-come, first-serve basis. At no time do we promise or guaranty that every guest will have access to all attractions, or available seating, a table or any other item or facility. At no time do we promise or guaranty that every guest will have access to The Water Main. We do not promise or guaranty entry on a specific date and we do not accept reservations, except as otherwise provided for parties and groups for which the necessary reservation is made, booked, accepted and paid for in advance, and special events and private or special parties that are scheduled and advertised as an event for which reservations can be made, provided that the necessary reservation is made, booked, accepted and paid for in advance. At certain times, determined in our discretion, we may elect to sell tickets that, at the time of purchase, allow the purchaser to select a date of visit, however, these types of tickets remain valid until used and may be used on a day other than the selected date of visit; accordingly: (i) that date selection does not constitute a reservation; (ii) we do not promise or guaranty entry on that specific date; and (iii) on the selected date the park or any of it may be closed, for all or part of the day, as described in the next paragraph. We may from time to time, without prior notice and without refund, credit or exchange: change the operating days and hours of the park or certain attractions, rotate or limit access to certain attractions, or temporarily close the park or any part of it, or restrict the number of persons having access to the park or any part of it, or suspend or cancel any attraction, party or event, in each case, for any reason or purpose including: for maintenance, repair, replacement, improvement or upgrade of attractions or of other facilities, machinery or equipment; for special events and private or special parties; full or partial closure, or capacity or other limits or restrictions including any imposed by governmental order or action; severe or inclement weather or wind; lightning; loss of power, electricity or other necessary utilities or services; in response to police or other governmental order or action; any other circumstance, occurrence or event that we in our discretion determine requires such response(s) or action(s) so as to ensure safety, security or order or for any other reasonable purpose. We will endeavor to give our newsletter email subscribers advance notice by email of the dates on which the park was scheduled to be open but instead will be closed; nevertheless, park closures may occur without prior notice. Photographs and Other Images: Notes: SCROLL FOR MORE SCROLL FOR MORE TERMS AND CONDITIONS FOR ADMISSIONS, TICKETING AND SEASON PASSES
SAFETY IS A SHARED RESPONSIBILITY. PATRONS MUST:
Please carefully read the below rules and regulations. Each time you purchase or receive a ticket or season pass to, or are admitted to or enter or use, the park, you thereby acknowledge and agree that you have read, understood, accepted and agreed to abide by the below rules and regulations. A violation of any rule/regulation is cause for ejection without refund or credit. A violation of any park rule/regulation is cause for ejection without refund, credit or exchange. Children under the age of 13 must be accompanied by a parent, legal guardian, or group leader. No food or beverages are permitted on any attraction/ride or in the playground area. Outside food and beverages are not allowed into the park except for one clear, unopened bottle of water per guest and for certain exceptions made on a case-by-case basis for food allergies and medical purposes and for baby food in its original container and baby formula in its original container or in a typical baby bottle. You must first present these items for inspection and approval by authorized park personnel upon your entry to the park. For the health and safety of our visitors and staff, smoking is not permitted anywhere in the park. Tobacco products are not permitted anywhere in the park. This includes all parking areas and all vehicular or pedestrian traffic areas. No illegal substances are permitted anywhere in the park. We may photograph, film, video or otherwise copy or capture in any manner any picture, likeness, image, voice or sound of any person, event, act, occurrence or thing in or about the park. Commercial or other unauthorized use of any picture, likeness, image, voice or sound of any person, event, act, occurrence or thing in or about the park, by anyone other than us, is prohibited without our express written consent. Attractions have posted height and weight restrictions. On any ride on which lap riding is permitted, lap riding is only permitted for a child on the lap of his/her parent or legal guardian and the seat belt must fit securely around both riders. Do not ride or use, or permit minors under your care or supervision to ride or use, any amusement attraction/ride if the rider/user: You are responsible to know your health and physical condition and limitations and the health and physical condition and limitations of any minor under your care or supervision. If you ride or use, or you permit any minors under your care or supervision to ride or use, any amusement attraction/ride, you or they do so at your or their own risk. Do not enter ride or other attraction areas except at permitted points of entry and exit (as indicated by signage) when permitted or directed to do so by park personnel. All park rules and regulations extend and apply to all areas for vehicular, parking or pedestrian ingress and egress, access and passage. All guests are expected to behave in a family-friendly manner. In all situations and circumstances, park operation, management and safety personnel may in their discretion take actions and impose rules and regulations that they deem reasonable or necessary for the safe, secure, clean or family-friendly operation of the park and overall enjoyment of the park by its guests. Safety is of utmost importance at all times. Diggerland USA has always been and remains committed to guest safety, on rides and throughout our park, and the safety of our employees. Our action plan for the current COVID-19 public health emergency includes: Please remember: Safety is a Shared Responsibility. We ask our guests (and we instruct our employees) to be aware of all necessary and recommended COVID‑19 social distancing practices and hygienic practices and precautions, including facial coverings, and cough and sneeze hygiene etiquette. We request that anyone presenting COVID‑19 symptoms, and anyone who within the last 14 days either tested positive for COVID-19 or may have been (or believes that they may have been) exposed to COVID‑19, refrain from entering park premises. FACIAL COVERINGS INFORMATION State law presently provides that individuals: Guests are permitted to choose to wear facial coverings; however, State law presently provides that: 6-FOOT DISTANCING INFORMATION State law presently does not requires guests to practice social distancing or staying six feet apart, from others excluding immediate family members, caretakers, household members, or romantic partners, or families of one household to another household as well as all other guests and employees. Please refer to social distancing markings and guides for those who wish to voluntarily practice 6-foot distancing. COVID 19 HYGIENE ETIQUETTE Please be aware of all COVID‑19 hygiene practices and precautions, including cough and sneeze hygiene etiquette and hand hygiene practices. Cover coughs and sneezes with a tissue or the inside of your elbow. Discard used tissues in no-touch trash disposal receptacles. Wash hands regularly and often with soap and water for at least 20 seconds, especially after visiting the restrooms or changing room, before and after eating, and after blowing your nose, coughing, or sneezing. Supervise young children. Avoiding touching eyes, nose, and mouth. COVID‑19 hygiene practices must be followed throughout the park including in and about the pools and pool deck. State law presently prohibits sharing of chairs as well as towels, umbrellas, sunglasses, PFDs (Personal Flotation Devices), goggles, water shoes, sunscreen and other items (except among immediate family members, caretakers, household members or romantic partners). COVID 19 HYGIENE FACILITIES Diggerland USA has available for its guests throughout the park: We encourage guests to include with their travel supplies appropriate hand sanitizer, disinfectant wipes; nitrile, latex or vinyl gloves; tissues and other paper products; and wrapped utensils. CONTACTLESS ADMISSIONS AND PAYMENT You may make online advance purchases of tickets and season passes HERE. At the admission booth, you will self-scan your bar‑coded receipt. Our admissions booths also offer chip card readers for contactless payment. Your wristband is printed at time of entry for you to take directly from the printer. Our point-of-sale stations also offer chip card readers for contactless payment. Contactless payment is recommended for use throughout the park. PARK RULES AND INSTRUCTIONS Please at all times remember the importance of cooperation with park personnel instructions and directions. Please also cooperate with other guests, such as for observance of social distancing guidelines, in queue lines and throughout the park. Observe all social distancing markings and guides, all park signage and all in-park broadcast instructions and directions. Remember: Safety is a Shared Responsibility Exposure to COVID-19 is an inherent risk in any public location. We cannot and do not guarantee that you will not be exposed to COVID-19 during your visit. You enter our premises at your own risk, and you assume all risk, of exposure to COVID-19. Please check this webpage for updates and modifications in advance of your visit. Governmental, CDC and other requirements and guidelines are updated or modified from time to time. Diggerland USA reserves the right to update or modify its health and safety rules and regulations from time to time with or without notice. Diggerland USA reserves the right to modify its health and safety rules and regulations in its discretion from time to time with or without notice and on a case-by-case basis to address or accommodate any circumstance, event or occurrence for which Diggerland USA in its discretion believes modification is warranted. New Jersey Law [N.J.A.C. Section 8:26-5.4] requires compliance with the following: To ensure a safe bathing environment: Failure to follow water park rules will result in disciplinary action up to and including possible The Water Main at Diggerland USA is a family park. Act accordingly. Vehicles that measure 7'6" high, 6'7" wide, 20' long and smaller will be permitted to drive the Holiday Light Show path through the park. Drivers, passengers and vehicles must comply with New Jersey motor vehicle laws. Seat belts required. Passengers must remain in vehicle interior at all times. Vehicles not permitted on show course include those listed below: We are not responsible for damages to vehicles or the safety of you, as the driver, or your passengers. If you cannot make your ticket reservation day, you may make new arrangements to come on a different day by emailing info@diggerlandusa.com with the scheduled day and the new day you'd like to come. Tickets to the Holiday Light Show are valid until the current season's last show. Refunds will not be issued for unused tickets. The Holiday Light Show is a completely separate experience from Diggerland USA amusement and water park. You cannot use a park ticket, season pass or membership for entry. Diggerland USA rides and attractions will be closed. Inclement weather and other conditions may necessitate the closure of the light show or part of the light show. The show will generally operate in light-to-moderate snow or rain and close with heavier precipitation, or thunder or lightning. Guests whose ride is significantly shortened for this reason will receive a complimentary “rain check” ticket to return later this season. As with all tickets, “rain check” tickets are subject to available capacity and expire at the end of the season for which issued. We recommend that you call in advance with questions about our available capacity or our operating schedule. Please call our main office (856) 768-1110 during business hours with any questions SCROLL FOR MORE SCROLL FOR MORE Park Rules and Regulations
PARK VISITORS MUST COMPLY WITH ALL POSTED RULES AND REGULATIONS.
PARK PERSONNEL MAY INSPECT ALL BAGS, CARRYING CONTAINERS AND CASES.
YOU MAY BE RECORDED IN OR ABOUT THE PARK:
We may use, display, broadcast, publish, circulate, modify, alter, create any derivative of distribute, transfer, license or sell that for any use or purpose (including any website, newsletter, security, safety, liability, insurance, litigation or commercial use or purpose).
We may do any or all of the above without payment to anyone.
We retain all copyright and other intellectual property rights.RIDERS MUST OBEY ALL WARNINGS, DIRECTIONS AND INSTRUCTIONS.
SAFETY IS A SHARED RESPONSIBILITY. PATRONS MUST:
USE CAUTION:
steps to or on attractions may be slipperyNONE OF THE FOLLOWING ARE PERMITTED ANYWHERE IN THE PARK:
mace/pepper spray or other chemical weapons and similar items
firearms, ammunition and similar itemsHealth & Safety
FACIAL COVERINGS
SOCIAL DISTANCING
HYGIENE PRACTICES
FACILITIES & SUPPLIES
CONTACTLESS ADMISSION
PARK RULES & REGULATIONS
The Water Main
symptoms of a gastrointestinal (stomach) disease in the past seven days.
Service animals ARE NOT allowed in any of the pools.
flotation devices are permitted. No “swimmies,” “floaties,” “water wings” or other types of
inflatable armbands are permitted.
supervising adult.
to The Water Main.
or similar objects and items including diving rings / sticks, coins, water toys and
flying/floating discs.
or an entry/exit area.
a course or attraction or an entry/exit area.
speech, behavior, actions, activities, gestures or symbols.
swimwear. Swimwear should not be so loose or oversized as to endanger the wearer or others.
personnel.
dismissal without a refund.Holiday Light Show
New Jersey law imposes certain obligations on amusement park patrons. Please carefully read the below rules and regulations. Each time you purchase or receive a ticket or membership to, or are admitted to or enter or use, the park, you thereby acknowledge and agree that you have read, understood, accepted and agreed to abide by the below rules and regulations. A violation of any rule/regulation is cause for ejection without refund or credit. New Jersey law requires that each rider must obey all written warnings and directions regarding this ride and refrain from behaving in a reckless manner which may cause or contribute to injury to the rider or others. Failure to comply is a violation of law and subject to penalty under the New Jersey Code of Criminal Justice pursuant to N.J.S.A. 5:3-36.1. Violators may be subject to a fine of up to $ 1,000 and imprisonment of up to six months. Source: N.J.S. 5:3-36.2.a; N.J.A.C. § 5:14A-9.33(d) New Jersey law prohibits a rider from using, entering or boarding, or attempting to use, enter or board, any attraction if he/she is knowingly under the influence of any alcoholic beverage or any prescription, drug or controlled dangerous substance or any other substance which may affect his/her ability to use it safely and abide by all posted and stated instructions. Source: N.J.S. 5:3-56; N.J.A.C. § 5:14A-3.3. New Jersey law permits the park owner/operator to prevent a rider who is perceptibly or apparently under the influence of drugs or alcohol from riding on an amusement ride. Source: N.J.S. 5:3-56. New Jersey law permits the park owner/operator to refuse admission to the park or any attraction by any patron or other member of the public: (a) whose bearing or conduct might endanger himself/herself or any other patron or other member of the public; (b) whose health or physical condition makes use thereof by him/her unsafe for him/her; or (c) who cannot meet a companion or height restriction for any attraction subject to such a restriction. Source: N.J.A.C. § 5:14A-9.33(a), (b), (c). Normal operation of any attraction may be hazardous to those: who are pregnant; with heart conditions; with neck or back problems; subject to motion sickness; or with other health problems that may make them more vulnerable to injury. There are inherent risks in the participation in or on any amusement ride, device, or attraction. Patrons of an amusement ride, device, or attraction, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction and to obey all oral or written warnings, or both, prior to or during participation, or both. Patrons have a duty to not participate in or on any amusement ride, device, or attraction when under the influence of drugs or alcohol. Patrons have a duty to properly use all ride or device safety equipment provided. Source: N.J.A.C. 5:14A-1.3(a)(5)(iv), adopting ASTM F770-93: Standard Practice for Ownership and Operation of Amusement Rides and Devices, Section 5. A person injured in an amusement park must provide a written notice of the accident or injury to the amusement park within 90 days of the date of the incident giving rise to the injury. This is a precondition to bringing a personal injury suit in connection with the injury against an amusement park operator. Failure to provide the required notice within 90 days may result in the dismissal of your claim. Accidents may be reported at the First Aid Office. Source: N.J.S. 5:3-57. Una persona lesionada en un parque de diversiones debe proporcionar una notificación por escrito del accidente o lesión al parque de diversiones dentro de un plazo de 90 días respecto a la fecha del incidente que dio lugar a la lesión. Esta es una condición previa para interponer una demanda por lesiones personales en relación con una lesion sufrida contra un operador de parques de diversiones. El no proporcionar la información requerida dentro del plazo de los 90 días puede resultar en la anulación de su reclamo. Los accidentes pueden notificarse en la Oficina de Primeros Auxilios. Fuente: N.J.S. 5:3-57. SCROLL FOR MORE SCROLL FOR MORE PATRON RESPONSIBILITIES UNDER NEW JERSEY LAW
Park Rules and Regulations: Patron Responsibilities under New Jersey Law
Source: N.J.A.C. 5:14A-9.3
Trained service animals are welcome at Diggerland USA. Under the ADA, “service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition, except that a service animal may also include a miniature horse used by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, consider: the type, size, and weight of the miniature horse and whether the facility can accommodate these features; whether the handler has sufficient control of the miniature horse; whether the miniature horse is housebroken; and whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Emotional support animals, comfort animals, and therapy dogs are not service animals. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. While emotional support animals or comfort animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. The handler is responsible for the control, care, supervision and behavior of the animal. The animal shall be under the control of its handler at all times. The animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether with the service animal, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). An animal that behaves in an unsafe, uncontrolled or unacceptable way is not permitted on the premises. Examples of unacceptable behavior include uncontrolled barking, jumping on other people, or running away from the handler. An animal that poses a direct risk or threat to the health or safety of others is not permitted on the premises. The animal must be healthy and vaccinated in accordance with applicable laws. The animal must be housebroken. Owners are responsible for disposing of their animal’s waste. We may ask for the removal from the premises of an animal that is not housebroken, or that is out of control, or whose handler does not take effective action to control it, or that behaves in an unsafe, uncontrolled or unacceptable way, or that is not healthy and vaccinated in accordance with applicable laws, or that poses a direct risk or threat to the health or safety of others. Animals are not permitted on rides. Our rides are not equipped or designed for accessibility to or safe ridership or use by animals. While a handler rides a ride, or is otherwise not available for the control, care, supervision and behavior of the animal, the must have another member of the handler’s party assume control, care, supervision and behavior of the animal. SCROLL FOR MORE SCROLL FOR MORE Service Animals
Contest or Drawing; Entry. Additional contest, drawing or entry rules are stated on the Sponsor’s contest, 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, LinkedIn page, Twitter account or other platform as described on the Sponsor’s contest, 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. Eligibility. To be eligible for this contest 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 contest 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 contest 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 www.diggerlandusa.com. Send any communications regarding this contest 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 contest or drawing matter, including, without limitation, whether it is complete and compliant with all applicable laws and contest, drawing or entry rules, and to disqualify or reject any entry, application, submission other contest 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 contest or drawing matter, deemed deficient, incomplete, noncompliant, inappropriate, submitted in bad faith or of insufficient quality. If contest or drawing rules stated on the Sponsor’s contest, 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 contest 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 contest, drawing, selection as a winner or 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, Twitter 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 or acceptance of any 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 contest or drawing, are in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, Pinterest, LinkedIn or any other platform described on the Sponsor’s contest, 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 or acceptance of any 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, Twitter, or any other platform described on the Sponsor’s contest, drawing or entry page or post, and their respective parent, subsidiary and affiliated entities. THIS CONTEST 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 CONTEST OR DRAWING. Your purchase of a product or service from the Sponsor or from any 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 contest, 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 tom, 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 contest, drawing or entry page or post. ALL PRIZES ARE PROVIDED “AS IS” AND WITHOUT ANY GUARANTY 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 contest, 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 contest, drawing, selection as a winner or 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, Twitter 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 any 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 contest, drawing, selection as a winner or 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, Twitter 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 contest 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 contest 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 contest, 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 contest or drawing, or who is found to be acting in violation of these rules. This contest 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 contest, 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 contest or drawing, or by error, human or otherwise, which may limit or otherwise impact an entrant’s ability to participate in this contest 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 contest, drawing, selection as a winner or 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, Twitter 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 contest, drawing, selection as a winner or 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, Twitter 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. SCROLL FOR MORE SCROLL FOR MORE Social media Contest, Drawing, or Giveaway Official Rules:
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