Sparkling Ice ® Holiday Giveaway Sweepstakes Official Rules
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 Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements stated in the Official Rules. This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Any questions, comments or complaints regarding the promotion shall be directed to Talking Rain Beverage Company, not Facebook or Instagram.
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. FACEBOOK ACCOUNT AND/OR INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED.
- Eligibility: The Sweepstakes are open only to legal residents of a U.S. State or the District of Columbia and who are at least eighteen (18) years old at the time of entry. Employees, contractors, affiliates, agents or vendors of Talking Rain Beverage Company, as well as the immediate family (spouse, parents, siblings, and children) and household members of those individuals are not eligible to enter.
- Sweepstakes Period: Sweepstakes begins at 4:00pm PST on December 19th, 2018 and ends at 4:00pm PST on January 2nd, 2019 (“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. Neither Facebook nor Instagram are sponsors of or in any way affiliated with this Sweepstakes.
- Sponsor: The Sweepstakes are sponsored by Talking Rain Beverage Company, Inc. 30520 SE 84th Street Preston, WA 98050.
- How to Enter: During the Sweepstakes Period, entrants must:
- “Like” the designated sweepstakes social media post featured on the Sparkling Ice Facebook page.
- Entrants will then be successfully entered in the sweepstakes for a chance to win.
- “Like” the designated sweepstakes social media post featured on the Sparkling Ice Instagram feed.
- Entrants will then be successfully entered in the sweepstakes for a chance to win.
There is a limit of one entry per person per platform. If you attempt to obtain more than one entry by using multiple/different accounts, identities, registrations, or logins, or through any other method, Sponsor may exclude you from participating in the Sweepstakes. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- Drawing: After the Entry Period, Sponsor will select potential winner in a random drawing of all entries received on Facebook AND Instagram during the Sweepstakes Period. potential winners will be selected on January 2
- Notification and Requirements of Potential Winners: Sponsor will notify the winner by private message via Facebook or Instagram, then via email with instructions on how to claim the prize. If a winner does not claim the Prize within the 24 hour period after the notification was sent by Sponsor, he/she will forfeit the right to the Prize and a new winner will be selected. Except where prohibited by law, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release.
Verification of Potential Winners: All potential winners are 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 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.
Identity of Entrant: In the event of a dispute over the identity of a potential winner, an entry will be declared made by the authorized account holder (at the time of entry) of the Facebook or Instagram account selected as a potential winner. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of Facebook or Instagram account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or Facebook/Instagram account settings during the Sweepstakes Period. Proof of “tagging” or “liking” does not constitute proof of delivery or entry.
- Prize Details: Three prizes will be awarded during the sweepstakes period. Each prize will consist of the following:
- One (1) prize pack containing a supply of Sparkling Ice and Cooler. The approximate retail value (ARV) of each prize pack is $150.00
The Prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize of equal or greater value if the Prize is not available for any reason.
- General Conditions: If the operation, security, or administration of the Sweepstakes is impaired in any way, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sponsor to enforce any term of these Official Rules does not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail will not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes are subject to federal, state, and local laws and regulations and is void where prohibited.
- Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, Facebook, Instagram, and their parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Sweepstakes or the processing of entries; or (g) injury or damage to people or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of the Prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Additionally, by participating in the Sweepstakes, entrants release Sponsor 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).
- Disputes: You agree that all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in Seattle, Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
- If you choose to ‘opt-in’ to receive communications from Sponsor, you are providing your express consent to Sponsor to contact you with marketing communications at the email address you provide. Any opt-in you provide to marketing communications from Sponsor will not be used by Sponsor and any you agree that any future request to opt-out of communications shall be directed solely to Sponsor.
- 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).
- Winner List: For the name of the winners, send a self-addressed, stamped envelope to be received by January 15, 2019 to Sparkling ICE® / Holiday Giveaway, PO BOX 549, Preston, WA 98050. To obtain a copy of these Official Rules, send a self-addressed, stamped envelope to be received by January 15, 2019 to Sparkling ICE® / Holiday Giveaway, PO BOX 549, Preston, WA 98050
- 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.
Copyright © 2018 Talking Rain Beverage Company, Inc. SPARKLING ICE® is a registered trademark of Talking Rain Beverage Company. All rights reserved.