Sparkling ICE® Outdoor Stage VIP Experience Giveaway Official Rules
Important: Please read these Official Rules before entering this Giveaway (the “Giveaway”).
By participating in this Giveaway, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below. Winning a prize is contingent upon fulfilling all requirements stated in these Official Rules. This promotion is in no way sponsored, endorsed, or administered by, or associated with, SXSW, Facebook, or Instagram. Please direct all questions, comments, and/or complaints regarding the promotion 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 Giveaway is open only to individuals who are legal U.S. residents of Texas that live within a 50-mile radius of Austin, TX and who are at least 21 years old at the time of entry. Employees, contractors, directors, and officers of Talking Rain Beverage Company, Inc. (“Sponsor”), or any of its retailers and distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Giveaway (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.
- SWEEPSTAKES PERIOD: Giveaway begins at 12:01:00 a.m. CST on March 1, 2019 and ends at 11:59:59 p.m. CST on March 12, 2019 (“Giveaway Period”). Entries submitted before or after the Giveaway 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 Giveaway
- HOW TO ENTER: You can enter via the following methods:
(a) FACEBOOK ENTRY METHOD: “Like” designated social media post featured on the Sparkling Ice® Facebook Page during the Giveaway Period.
(b) INSTAGRAM ENTRY METHOD: “Like” designated social media post featured on the Sparkling Ice® Instagram feed during the Giveaway Period.
- NUMBER OF ENTRIES: Limit one entry per platform, per person during the Giveaway Period.
- 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 of such social media account 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 social media account. 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 Giveaway 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 giveaway service) will be disqualified and transmissions from these or related email/IP addresses or wireless phone numbers may be blocked.
- SELECTION OF WINNERS: Potential winners will be selected in a random drawing from among all eligible entries received throughout the Giveaway Period. The Giveaway Administrator will randomly select potential Giveaway winners from all eligible entries received, and the Administrator’s decisions will be final and binding. Odds of winning depend upon the total number of eligible entries received by during relevant drawing period.
- WINNER NOTIFICATION/VERIFICATION: Potential winners will be notified by direct message on the social media platform that they used to enter. Potential prize winners must respond to that direct message within 24 hours or the prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for suspended or discontinued wireless/internet service that could prevent a potential winner from receiving his/her prize notification If (i) the attempted notification is returned as undeliverable; (ii) a direct message notification is not confirmed to Sponsor within 24 hours; (iii) any required documents are not returned within five 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 may 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.
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 UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- PRIZE DETAILS: 8 prizes will be awarded during the Giveaway Period.
- One (1) Grand Prize package consisting of 2 VIP Passes to the SXSW® Outdoor stage (valid March 14-16, 2019), a $100 Uber® Gift Card, and a 12-month Spotify® Premium Subscription eGift Card (ARV of Grand Prize Package: $900)
- Two (2) First Prize packages consisting of a $50 Uber® Gift Card and a $50 Spotify® Gift Card (ARV of each First Prize Package: $100)
- Five (5) Second Prize packages consisting of a $25 Spotify® Gift Card. (ARV of each Second Prize Package: $25)
Total Approximate Retail Value (ARV) of all Giveaway prizes is $1,225.
This giveaway is in no way sponsored, endorsed, or administered by SXSW, Uber, or Spotify and their respective owners.
- 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 giveaway. 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.
- 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 Giveaway; (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 Giveaway; (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 Giveaway or download of any materials in the Giveaway. If, for any reason, the Giveaway 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 Giveaway — then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Giveaway 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 Giveaway.
By participating in the Giveaway, 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 Giveaway 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).
- 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).
- 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 Giveaway 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 Giveaway 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 Giveaway.
- CONDUCT: By participating in this Giveaway, 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 Giveaway; 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.
- WINNER LIST: For the name of the winners, send a self-addressed, stamped envelope to Sparkling ICE® / Outdoor Stage VIP Experience Winners list, 30520 SE 84th St, Preston, WA 98050. To obtain a copy of these Official Rules, send a self-addressed, stamped envelope to Sparkling ICE® / Outdoor Stage VIP Experience Rules Giveaway, 30520 SE 84th St, Preston, WA 98050 or visit: sparklingice.com/outdoorstage.
- SPONSOR: Talking Rain Beverage Company, Inc., 30520 SE 84th Street, Preston, WA 98050.
Copyright © 2019 Talking Rain Beverage Company, Inc. SPARKLING ICE® is a registered trademark of Talking Rain Beverage Company. All rights reserved.