IMPORTANT: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”). By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OF SPARKLING Ice® PRODUCTS WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED. IF YOU ENTER THIS SWEEPSTAKES VIA TEXT, EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR MESSAGE OR DATA CHARGES AS PROVIDED IN YOUR RATE PLAN. BY ENTERING, YOU WILL RECEIVE AT LEAST ONE TEXT MESSAGE IN RESPONSE TO YOUR ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal U.S. residents of AL, AR, CO, FL, GA, IA, LA, IL, IN, KS, KY, MI, MO, MN, MS, NC, ND, NE, OH, OK, SC, SD, TN, TX, WI or WY and who are at least 18 years old (19 in AL & NE) at the time of entry. Employees, contractors, directors, and officers of Talking Rain Beverage Company, Inc. (“Sponsor”), any employees of participating retailers, distributors, Web design, advertising, fulfillment, judging or promotion agencies involved in the administration, development, fulfillment or execution of this Sweepstakes (together the “Promotion Partners”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step” child) of the Promotion Partners are not eligible to win any prizes.
2. SWEEPSTAKES PERIOD: Region # 1 Sweepstakes Period (Eligible States: CO, IA, IL, IN, KS, KY, MI, MO, MN, ND, NE, OH, SD, WI or WY) begins at 12:01:00 a.m. ET on November 1, 2018 and ends at 11:59:59 p.m. ET on December 26, 2018 (“Sweepstakes Period”). Region # 2 Sweepstakes Period (Eligible States: AL, AR, FL, GA, LA, MS, NC, OK, SC, TN or TX) begins at 12:01:00 a.m. ET on November 12, 2018 and ends at 11:59:59 p.m. ET on December 30, 2018 (“Sweepstakes Period”). Entries submitted before or after the Sweepstakes Period will not be eligible to win a prize. Sponsor’s or Sponsor’s designee’s computer is the official time-keeping device for the Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, you can enter via the following methods:
(a) TEXT MESSAGE ENTRY METHOD: Use your mobile phone to text “HOLIDAY CASH” to short code 31996. You will receive back a text message with a link to an online form. Entrants will be required to confirm their age and state of residence and submit their email address and phone number. Standard data fees may apply. If entrant does not have a smart phone that can view the entry form, the text message will display the website for entry via a computer. BY ENTERING THIS SWEEPSTAKES VIA TEXT MESSAGING, THE ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE TEXT AND PHONE MESSAGES REGARDING THE SWEEPSTAKES. No marketing communication will be sent to entrants. Participants must have a mobile phone with text messaging capabilities to enter by text message and may incur standard text message and data charges from their wireless service provider for each message sent and received. Participants will receive up to three (3) text messages each time they text "HOLIDAY CASH" to 31996. This could result in meaningful wireless service charges being incurred over the course of the Sweepstakes Period. Check with your wireless service provider for details on any applicable charges. Participants are solely responsible for any such wireless charges. Entrants will be given the opportunity to “cancel” (or unsubscribe) each time they receive a text message by sending “STOP” to the short code above. ENTRY BY TEXT MESSAGE WILL NOT IMPROVE YOUR CHANCE OF WINNING. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers, but Sponsor cannot guarantee that any wireless service provider will participate. Participants are responsible for checking their phone’s features and wireless service to confirm the phone has the capability to text. Sponsor at its sole discretion may add or delete a cellular carrier at any time without notice.
(b) INTERNET ENTRY METHOD: Visit www.holidaycash.sparklingreward.com and follow the on-screen instructions to properly complete and submit an online entry. Entrants will be required to confirm their age and state of residence and submit their email address and phone number.
4. NUMBER OF ENTRIES: Limit one entry per day per person, regardless of method of entry during the Sweepstakes Period. If entrant attempts multiple entries in a day (with or without different credentials), Sponsor reserves the right to disqualify entries associated with the entrant phone number(s) and email address(es) involved. Sponsor and administrator assume no responsibility for incomplete, late, lost or misdirected entries.
5. IDENTITY OF ENTRANT: In the event of a dispute over the identity of a potential winner, an online or text message entry will be declared made by the authorized account holder of such email address or wireless phone number submitted at the time of entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address or wireless phone number. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail, wireless phone number, or postal address during the Sweepstakes Period. Proof of emailing/texting does not constitute proof of delivery or entry. All entries become the property of Sponsor and will not be acknowledged (except as otherwise stated for text entries) or returned. Each entry must be manually key stroked and manually entered by the individual entrant. Automated and repetitive electronic submission of entries (including, e.g., entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email/IP addresses or wireless phone numbers may be blocked.
6. SELECTION OF WINNERS: Potential winners will be selected in 8 random weekly drawings from among all eligible entries received throughout the Sweepstakes Period. The drawings will be held from November 9, 2018 through December 28, 2018. Marketing Strategies Group, Inc. (the “Sweepstakes Administrator”) will randomly select potential sweepstakes winners from all eligible entries received, and the Administrator’s decisions will be final and binding. Non-winning entries will roll over to subsequent Entry Periods. Odds of winning depend upon the total number of eligible entries received for each weekly drawing.
7. WINNER NOTIFICATION/VERIFICATION: Potential winner will be notified by text, phone or email at the phone number or email address provided upon entry, within five days of the drawing. If a potential prize winner is notified by phone or email, he/she must respond within 48 hours or the prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless service that could prevent a potential winner from receiving his/her prize notification if (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) a telephone or email message notification is not confirmed to Sponsor within 48 hours; (iii) any required documents are not returned within seven days, including but not limited to the Affidavit of Eligibility and Liability/Publicity Release; or (iv) if winner is otherwise unable to accept the prize as stated, then the prize will be forfeited and may be awarded to an alternate winner. Only five alternate drawings will be held, after which any remaining prizes will remain unrewarded. Allow 2-4 weeks for delivery of the prize following completion of the winner confirmation/verification process.
Verification of Potential Winners: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. PRIZE DETAILS: 15 prizes will be awarded during the sweepstakes period according to the following schedule:
|REGION #1 – ELIGIBLE STATES: CO, IA, IL, IN, KS, KY, MI, MO, MN, ND, NE, OH, SD, WI or WY|
|ENTRY PERIOD||ENTRY DATES||DRAWING DATE(S)||PRIZE|
|#1||11/1/2018 – 11/7/2018||11/9/2018||$100 Visa Gift Card (ARV $100)|
|#2||11/8/2018 – 11/14/2018||11/16/2018||$100 Visa Gift Card (ARV $100)|
|#3||11/15/2018 – 11/21/2018||11/23/2018||$100 Visa Gift Card (ARV $100)|
|#4||11/22/2018 – 11/28/2018||11/30/2018||$100 Visa Gift Card (ARV $100)|
|#5||11/29/2018 – 12/5/2018||12/7/2018||$100 Visa Gift Card (ARV $100)|
|#6||12/6/2018 – 12/12/2018||12/14/2018||$100 Visa Gift Card (ARV $100)|
|#7||12/13/2018 – 12/19/2018||12/21/2018||$100 Visa Gift Card (ARV $100)|
|#8||12/20/2018 – 12/26/2018||12/28/2018||$1000 Visa Gift Card (ARV $1,000)|
|REGION #2 – ELIGIBLE STATES: AL, AR, FL, GA, LA, MS, NC, OK, SC, TN or TX|
|ENTRY PERIOD||ENTRY DATES||DRAWING DATE(S)||PRIZE|
|#1||11/12/2018 – 11/18/2018||11/19/2018||$100 Visa Gift Card (ARV $100)|
|#2||11/19/2018 – 11/25/2018||11/26/2018||$100 Visa Gift Card (ARV $100)|
|#3||11/26/2018 – 12/2/2018||12/3/2018||$100 Visa Gift Card (ARV $100)|
|#4||12/3/2018 – 12/9/2018||12/10/2018||$100 Visa Gift Card (ARV $100)|
|#5||12/10/2018 – 12/16/2018||12/17/2018||$100 Visa Gift Card (ARV $100)|
|#6||12/17/2018 – 12/23/2018||12/24/2018||$100 Visa Gift Card (ARV $100)|
|#7||12/24/2018 – 12/30/2018||12/31/2018||$1000 Visa Gift Card (ARV $1,000)|
Total approximate retail value of all prizes: $3,300.00
9. PRIZE RESTRICTIONS: LIMIT ONE PRIZE DURING ENTIRE SWEEPSTAKES PERIOD PER HOUSEHOLD, REGARDLESS OF METHOD OF ENTRY. All federal, state and local taxes associated with the receipt or use of any prizes are the sole responsibility of the winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, sponsor reserves the right (in its discretion) to substitute a prize of comparable or greater value for any prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these official rules is available to be won in the sweepstakes. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any difference between the stated value of any prize and the actual retail value will not be awarded. Any portion of a prize not accepted by winner will be forfeited. Upon forfeiture for any reason as stated in these official rules, no compensation will be given. Winner may receive an IRS form 1099 for the Approximate Retail Value of the prize. Unclaimed prize(s) will not be awarded.
10. LIMITATIONS OF LIABILITY/ENTRANTS’ RELEASES: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person's computer or mobile device which may be related to or result from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned -- including, without limitation, due to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes -- then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor will immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor (e.g., in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment), and Sponsor will not have any further liability to any participant in connection with the Sweepstakes.
By participating in the Sweepstakes, entrants release Sponsor and Promotion Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
The winner bears all risk of loss or damage to their prize after it has been delivered. Except for applicable manufacturers’ standard warranties, all prizes are awarded “AS IS” and Sponsor and Promotion Parties make NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
11. USE OF WINNER’S NAME, LIKENESS, ETC.: Except where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and otherwise use -- worldwide in any media now or later known -- each winner’s name, address, voice, statement, picture, likeness, and/or prize information, without additional compensation, for public relations, advertising, and promotional purposes as may be determined by Sponsor (including, without limitation, in a public-facing winner list).
12. DISPUTES/GENERAL CONDITIONS: Except where prohibited by law, entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Washington or the appropriate state court located in King County, Washington. This Sweepstakes is governed by the laws of the State of Washington without reference to its conflict of law doctrines. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor may modify and amend these Official Rules during the Promotion for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
14. CONDUCT: By participating in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sponsor that are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the play process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
15. WINNER LIST: For the name of the winners, send a self-addressed, stamped envelope to be received by January 31, 2019 to Sparkling Ice / Holiday Cash Winner list, PO BOX 217011, Auburn Hills, MI 48321-7011. To obtain a copy of these Official Rules, send a self-addressed, stamped envelope to be received by January 31, 2018 to Sparkling Ice / Holiday Cash Sweepstakes, PO BOX 217011, Auburn Hills, MI 48321-7011 or visit www.pickmeup.sparklingreward.com.
16. SPONSOR & ADMINISTRATOR:
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