Niagara Bottling, LLC.®
“Niagara’s Refreshingly Fun Family Sweepstakes” OFFICIAL RULES:
1. The Niagara’s Refreshingly Fun Family Sweepstakes (the “Sweepstakes”) entry period begins on Wednesday, August 1, 2018 at 12:00:01 a.m. Pacific Standard Time (“PST”) and ends on Sunday, September 30, 2018 at 11:59:59 p.m. PST (the “Sweepstakes Period”). The Sweepstakes will consist of one (1) drawing to award one (1) prize. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 (the “Administrator”), and/or The Woo Agency (“Agency”) and/or of Niagara Bottling, LLC, 2560 East Philadelphia Street, Ontario, CA 91761 (“Sponsor”), whose decisions shall be final and legally binding in all respects.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are at least eighteen (18) years of age or the legal age of majority in the state in which they reside at the time of entry (the "Entrant"). To check your nearest retail store location selling Niagara Water visit . The Sponsor, employees, officers, and directors of Sponsor, Administrator, Agency, Universal City Studios LLC d/b/a Universal Studios Hollywood (“Universal Studios Hollywood”), Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort (“Universal Orlando”), 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 Sweepstakes agencies, and any and all other companies associated with the Sweepstakes agents (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to enter or win. 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 database clock will be the timekeeper for the Sweepstakes.
3. HOW TO ENTER:
You may enter this Sweepstakes on the Sponsor’s Sweepstakes page
· All entries must be made online at www.refreshinglyfun.com. Complete all required fields on the registration form which may include your full name, street address, valid Email and Zip Code. Complete the entry by agreeing to the official rules and submit.
· If you opt to access the Sweepstakes via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions. Sponsor is not responsible for any charges.
Limit: One (1) entry per Email address per day. Entries in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the entry process, will be void. Any attempted form of entry other than as described herein including the use of multiple Email addresses by the same person, is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole discretion, to violate any of Sponsor’s policies, standards, or practices. All materials and entries submitted become the property of the Sponsor and will not be returned or acknowledged.
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 Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the Prizes based on eligible entries received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-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 Sweepstakes.
4. RANDOM DRAWING DATE / WINNER NOTIFICATION:
Random drawing will be conducted by the Administrator on or about Monday, October 8, 2018 from all eligible entries received during the relevant drawing period.
Winner Notification: Potential winner will be contacted via email by the Administrator. 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 two (2) calendar 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 may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. 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 entering, each Entrant agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS SWEEPSTAKES 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 the Released Parties’ acts, omissions, negligence or gross negligence, from such Entrant’s participation in the Sweepstakes 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 Sweepstakes 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 Sweepstakes at Sponsor’s sole discretion.
6. PRIZE/ODDS OF WINNING: Only the Prize listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
One (1) Prize will be awarded which will consist of a trip (“Trip”) for the Prize Winner and up to three (3) guests (“Guest(s)”) to WINNER’S CHOICE of either Universal Orlando Resort OR Universal Studios Hollywood.
If Winner selects the Trip to Universal Orlando Resort in Orlando, Florida (“Orlando Trip”), Prize will include the following:
If Winner selects the Trip to Universal Studios Hollywood in Los Angeles, California (“Hollywood Trip”), Prize will include the following:
· Round-trip coach-class air transportation for up to four (4) people from a major airport near winner’s home (as determined by Universal Studios Hollywood in its sole discretion) to Los Angeles, CA. Winner will be responsible for ground transportation to/from the airport of origin;
· Non-exclusive ground transportation for up to four (4) people from/to airport in Los Angeles, CA and to/from the hotel;
· Theme park admission to Universal Studios Hollywood in the form of up to four (4) 2-day General Admission tickets.
· FMV of the Hollywood Trip is Four Thousand Eight Hundred Sixty-Nine and 00/100 Dollars ($4,869.00).
SPECIFIC PRIZE AND TRAVEL RESTRICTIONS/CONDITIONS:
Travel must be completed no later than November 30, 2019 or prize will be forfeited. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Winner travel arrangements must be made a minimum of sixty (60) days prior to winner travel and are subject to availability. Travel dates are subject to the applicable prize provider and Sponsor approval. If winner is unable to fulfill prize during time period, winner forfeits the prize package. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If winner elects to partake in any or all portions of his/her prize with fewer than the above stated number of guests or no guest, the prize will be awarded to winner and each participating guest and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. Winner must be eighteen (18) years of age or older. If the winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied (as one of his/her Guests) by an adult, who is at least twenty-one (21) years of age, in order to check in to the on-site hotel. Unless child or legal ward of winner or one of the allotted Guests, each travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the winner. If winner is considered a minor in his/her state of residence, at least one (1) Guest must be winner’s parent/legal guardian. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted.
If the Orlando Trip is selected, travel arrangements must be made through Universal Orlando. If the Hollywood Trip is selected, travel arrangements must be made through Universal Studios Hollywood.
All Prize elements must be redeemed at the same time. The applicable prize provider or Sponsor reserves the right to substitute a prize or portion thereof for one of equal or greater value if the designated prize or portion thereof should become unavailable for any reason. Winner and Guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e., valid photo identification) prior to travel.
All theme park tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Universal Orlando and Universal Studios Hollywood reserve the right to change the name of all tickets. All tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events (including but not limited to Universal’s Halloween Horror Nights) at any of the theme parks, hotels or within any of the Universal CityWalk™ venues.
For a winner who is a Florida resident and selects the Orlando Trip, air transportation may be substituted with another method of transportation by Universal Orlando in its sole discretion. For a winner who is a California resident and selects the Hollywood Trip, air transportation may be substituted with another method of transportation by Universal Studios Hollywood in its sole discretion.
The potential winner will be required to sign (a) an Affidavit of Eligibility, (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes), (c) a liability release, and (d) a form W‑9, Taxpayer Request for Identification, and return each of the properly executed documents to the Administrator within seven (7) calendar days of attempted notification as a condition of awarding the prize. A potential winner who satisfies all of the Sweepstakes requirements, including without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”). Winner’s travel companions may (at the Sponsor’s sole discretion) be required to sign travel and liability release form.
The Winner will not receive the difference between the actual and approximate retail value of the prize. Sponsor and/or Administrator will not replace any lost, mutilated, or stolen prizes, tickets or passes. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winners are responsible for any and all applicable local, state, and/or federal taxes and fees arising from any prize award. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor and prize providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, 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 Sweepstakes, 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, RELEASE AND INDEMNITY: 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 Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any illness, injury, death or damage to persons or property, including but not limited to Entrant's computer, phone, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes and (vi) use of any Prize.
Entrant agrees to defend, indemnify and hold Sponsor harmless from and against any and all claims arising out of or related to the Prize or Sweepstakes, including but not limited to any bodily injury or property damage claims, and agrees to indemnify Sponsor for any liability, loss, cost, expense, or other damages (including reasonable attorney fees) brought about by any injury of any kind suffered by any person or property as a result of any act, neglect, default, omission of Entrant. Sponsor reserves the right at any time to control its own defense and Entrant shall not settle any claim or lawsuit without the express written consent of Sponsor.
8. DISPUTES: Except where prohibited, Entrant agrees that (1) any and all disputes, claims liabilities 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 of California; provided, however, that claims for bodily injury, personal injury, or property damage arising out of the redemption, use or misuse of the Orlando Trip Prize or any portion thereof (“Florida Prize Claims”) must be submitted to the jurisdiction and venue of the federal and state courts of the state of Florida, and construed and enforced in accordance with the laws of the state of Florida, without reference to the choice of law provisions thereof, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, 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 associated with entering the Sweepstakes. 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 Sweepstakes 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. Winner’s List: For the name of the Winner (available after October 22, 2018) send a self-addressed stamped envelope to Niagara’s Refreshingly Fun Family Sweepstakes, PO Box 2312, Framingham, MA 01703-2312. Requests must be received by 11/1/18.
10. Prize Providers: Universal Orlando and Universal Hollywood are prize providers only in this Sweepstakes; are not sponsors of this Sweepstakes; and are not responsible for the administration of the Sweepstakes, the collection of the entries, or the conduct of the draws.
©Niagara Bottling, LLC All rights reserved.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.