Niagara Bottling, LLC.®
#waternothype Sweepstakes
OFFICIAL
RULES:
NO PURCHASE NECESSARY
TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. By
entering, you understand that you are providing your information to Niagara
Bottling, LLC (“Niagara”) and not to
Facebook, Inc. (“Facebook”). The information you provide will only be used in marketing
as it directly relates to Niagara. The Sweepstakes is in no way sponsored,
endorsed or administered by or associated with Facebook. Information collected
in this Sweepstakes will be used in accordance with the Sponsor’s privacy
policy which may be viewed at http://www.niagarawater.com/privacy-policy/
1. SWEEPSTAKES ENTRY DATES: The (the “Sweepstakes”) entry period begins
on Monday, February 27, 2017 at 12:00:01 a.m. Pacific Time (“PT”) and ends on Friday, April 30,
2017 at 11:59:59 p.m. PT (the “Sweepstakes Period”). Entry in the
Sweepstakes does not constitute entry into any other promotion, contest or
sweepstakes. There will be nine (9) drawings
to award one Prize in each drawing. By participating
in the Sweepstakes, 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 www.cfapromo.com (the “Administrator”), and/or The Woo Agency (“Agency”) whose decisions shall be final and legally binding in all
respects.
2. ELIGIBILITY: The Sweepstakes 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 and who live within (10) miles of a retail store that sells
Niagara Water at the time of entry (“Entrant”).
To check your nearest retail store location selling Niagara Water visit www.WaterNotHype.com. Employees, officers, and directors of Sponsor,
Administrator, Agency, Sweepstakes Prize
suppliers, 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 Facebook page.
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: You may enter one time per Drawing Period (see
Rule #4 below). Once an eligible entry is made it will NOT be carried forward to any remaining drawings (if any remain). To enter all nine (9) drawings you must enter
one time during each Drawing Period. Propriety of Comments Content: An Entry: (i) cannot contain, mention, depict,
refer or otherwise allude to the name or logo of any retailer, manufacturer,
brand, product, store, place of business, person, company or character (except
those of the Sponsor), regardless of whether or not it is a competitor of
Sponsor or competes with any of Sponsor's products; (ii) cannot show, contain
materials, mention, depict, name, refer or otherwise allude to or show the
likeness of any person, whether living or dead, except for the Entrant; (iii)
cannot contain, mention, refer or otherwise allude to any sexually explicit or
suggestive, obscene, lewd, violent, illegal, offensive, disparaging or
inappropriate words, abbreviations, language, signs, products, poses, behavior,
symbols, political, personal and/or religious references or statements,
(including, but not limited to, words or symbols that are widely considered
offensive to individuals of a certain race, ethnicity, religion, sexual
orientation or socioeconomic group; (iv) cannot promote alcohol, illegal drugs
or tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political
agenda or message; (v) cannot in any manner defame, misrepresent, contain
disparaging remarks or reflect negatively about Sponsor, its products, or other
people, products or companies or their products, or in any way reflect
negatively upon such parties or explicitly or implicitly communicate messages
or images inconsistent with the positive images and/or goodwill with which
Sponsor wishes to be associated, as determined by the Sponsor in its sole
discretion; (vi) cannot contain any personal identification, such as personal
names, email addresses or street addresses; (vii) cannot contain copyrighted
materials owned by others (including photographs, sculptures, paintings and
other works of art or images published on or in websites, television, movies or
other media) without permission; (viii) cannot depict any, and cannot itself be
in, violation of any law; (ix) cannot show Entrant in a professional sports
team uniform on camera, or mention a team name and (x) must otherwise be in
compliance with all of the provisions of these Official Rules as stated herein.
The posting of a comment pursuant to the above instructions does not mean the comment
has been deemed to be in compliance with these Official Rules. Sponsors reserve
the right at any time during the Sweepstakes Period, without notice to the
entrant who posted the comment, to remove the posting from any website
controlled by Sponsor that Sponsor determines, in its sole discretion, does not
comply with these Official Rules or that otherwise contains prohibited or
inappropriate content and in the event of such removal, the comment will be
disqualified and will not be eligible to compete for the Winner’s Prize.By
entering, entrant affirms that he/she has the consent to grant Sponsor and its designees shall have the right to edit,
publish, use, adapt, reproduce, exploit,
modify or dispose of any entry and all
elements of such entry, online, in print, film, television, or in any other media now or hereafter known
throughout the world.
Entries made by any
other individual other than the person named in the entry or by any entity,
including but not limited to commercial sweepstakes subscription notification
and/or entering services, will be declared invalid and disqualified for the Sweepstakes.
Tampering with the entry process or the operation of the Sweepstakes 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 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 PERIOD (“Drawing Period”)
/ WINNER NOTIFICATION:
Random drawings will be conducted based on the
schedule listed above from all eligible entries received during the relevant Drawing
Period by the Administrator.
Winner Notification: Potential
winners 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 six (6) hours 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 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, SPONSOR, ADMINISTRATOR, FACEBOOK, 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
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.
PRIZES/ODDS OF WINNING: Only the Prizes listed below will be awarded in each
drawing. Odds of winning depend on the number of eligible entries received
during the relevant Drawing Period.
Each winner will receive a $100 Grocery Gift Card nearest
the winner’s location that sells Niagara Water (the
“Prize”). Terms and conditions of the Gift Card apply. Approximate retail value of
each Prize $100.
Limit: One Prize per person or
household. Total approximate retail value of all Prizes $900.
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.
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: 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 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 Sweepstakes 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 Sweepstakes 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 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, 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 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. Winners List: For
the name of the winners (available after May 12, 2017) send a self-addressed
stamped envelope to Niagara #waternothype Winners, PO Box 2312, Framingham, MA
01703-2312. Requests must be received by 5/13/17.
©Niagara Bottling, LLC All rights reserved.