Niagara Bottling, LLC.®
Hats Off To Charity Contest and Sweepstakes
1. The Hats Off To Charity Contest and Sweepstakes (collectively the “Contest”) voting and Sweepstakes entry period begins on Tuesday, November 27, 2018 at 12:00:01 a.m. Pacific Standard Time (“PST”) and ends on Sunday, December 30, 2018 at 11:59:59 p.m. PST (the “Voting Period”). At the conclusion of the Voting Period the charity with the greatest number of votes will be the Grand Prize winner and a random drawing from all eligible entries received will be conducted on or about January 2, 2019 to award ten (10) prizes. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Niagara Bottling, LLC, 2560 East Philadelphia Street, Ontario, CA 91761 (“Sponsor”), and/or COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 (the “Administrator”), and/or The Woo Agency (“Agency”) whose decisions shall be final and legally binding in all respects.
2. ELIGIBILITY: The Contest is open to legal residents of the United States and the District of Columbia, physically residing in the United States or the District of Columbia, who are at least eighteen (18) years of age or at least the legal age of majority in the state in which they reside at the time of entry (the "Entrant"). Employees, officers, and directors of Sponsor, Administrator, Agency, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their Advertising and Contest agencies, and any and all other companies associated with the Contest agents (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household ARE ELIGIBLE to vote however may not win a Sweepstakes prize. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor's designated database clock will be the timekeeper for the Contest.
3. HOW TO ENTER:
You may cast a vote for your favorite charity on the Sponsor’s Contest page.
Entries made by any other individual other than the person named in the entry or by any entity, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for the Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the Prizes based on eligible entries/votes received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Contest.
4. WINNER NOTIFICATION:
At the conclusion of the Contest, the charity with the greatest number of votes will be the winner. In the event of a tie, a third-party judge selected by the Sponsor, will cast one vote between the tied entries to determine the winner. Winning charity will be announced on January 2, 2019.
On or about January 2, 2019 a random drawing will be conducted by the Sponsor to award ten (10) prizes.
Winner Notification: Potential winners will be contacted by the Sponsor. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within three (3) business days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her Prize and an alternate prize winner will be selected. The alternate winner will be the charity with the next greatest number of votes. The potential prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.
5. GENERAL PRIZE RESTRICTIONS/CONDITIONS: By winning, each winning charity/Entrant agrees on behalf of itself and each of entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS CONTEST ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
6. PRIZE: Only the Prize listed below will be awarded in this Contest.
GRAND PRIZE WINNING CHARITY WILL RECEIVE A $10,000 CONTRIBUTION FROM THE SPONSOR (Niagara Bottling, LLC).
All other incidental expenses not mentioned herein are the responsibility of the prize winner. All taxes on Prizes are the prize winner’s sole responsibility. Prize is not transferable or redeemable for cash. Sponsor reserves the right to make equivalent substitutions as necessary, due to circumstances not under its control.
Ten (10) prize winners. Each winner will receive a $100 food gift card redeemable wherever Niagara Water is sold. Approximate retail value $100.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the voting process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
7. LIMITATION OF LIABILITY: The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest and (vi) use of any Prize.
8. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law rules (whether of state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than state of California. Any litigation arising out of or in any way related to this Agreement shall be venued in San Bernardino County, California.
9. Winners List: For the name of the winning charity and Gift Card winners(available after 1/7/2019) send a self-addressed stamped envelope to Niagara Hats Off To Charity Winners, PO Box 2312, Framingham, MA 01703-2312. Requests must be received by 1/7/19.
©Niagara Bottling, LLC All rights reserved.